Terms of ServiceLast Updated: June 02, 2020
Chemix (“Chemix” “Company,” “us,” or “we”), provides chemix.org and the other websites under the domain (collectively, the “Sites”), diagram design software, tools, and related services (together with the Sites, the “Service”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
If you have questions regarding this Agreement, please contact us by email at email@example.com
What are these Terms?
Who should access the Service?
You must be 12 years or older to access or use the Service (or any part of it). If you are not an adult, meaning you are not at least the legal age of consent where you reside, you must have your parent or legal guardian agree to these Terms on your behalf and supervise your access to and use of the Service. If you don’t meet the foregoing requirements, you are not authorized to access or use the Service.
Changes to the Service or these Terms.
We may make changes to, update (or not update) or discontinue any part, element, functionality, availability or offering of the Service. We may also make changes or updates to these Terms at any time and for any reason in our sole discretion, including complying with applicable law. If we make any material changes to these Terms, we’ll provide notice to you in any way we deem reasonable including, for example, by posting a notice of the change on our web site(s) or in-service, or by sending a notice to your email address if you’ve given it to us.
- Content. The Service might display, contain, link to or make available Content from a variety of sources (including other users and other third parties) including images, models, posts, creations, opinions, recommendations, or advice and such Content may be incomplete or inaccurate, or offensive or objectionable to you. We are not responsible or liable for, and we don’t necessarily endorse, any Content. All Content, including Your Content, is the property of its copyright owner(s) or other rightsholder(s). Except as expressly provided in these Terms, use of the Service does not grant, waive, or limit any ownership rights of such owner(s) or rightsholder(s). You must comply with all applicable laws, rules and regulations in relation to your access to and use of the Service, including local laws regarding online conduct, acceptable Content and the exportation of Content from the jurisdiction where you reside.
- Interactions With Other Users. The Service may provide you the ability to interact with other users or groups of users of the Service. Such interactions are solely between you and such other users, and we are not responsible or liable for such interactions or any consequences thereof.
- Links and Advertisers. The Service may provide links to and from online, mobile and other platform sites and services (such as advertisers and E-Commerce Providers) that are not under our control. We are not responsible for such online sites or services, including any contents, products or services offered or made available through such sites or services, or any interactions you may have with third parties through such sites or services. Your use of any such sites or services is at your own risk, and is subject to the terms or conditions of such sites or services.
Buying and Selling Products or Services.
If the Service allows for the purchase or sale of products or services, or otherwise makes available any products or services, the following provisions apply.
Your Right to Access or Use the Service.
In accessing or using the Service, you agree not to (or permit anyone else to) do or attempt any of the following:
- distribute, rent, loan, lease, sell, sublicense, or otherwise transfer or offer the Service for any commercial purpose;
- remove or alter, any copyright, trademark, confidentiality or other proprietary notices, designations, or marks;
- modify, translate, adapt, arrange, or create derivative works of the Service, except as permitted in these Terms;
- decompile, disassemble or reverse engineer, or determine any source code, algorithms, methods, or techniques of the Service;
- interfere with, damage, or disrupt the operation or any security-related features of the Service, gain unauthorized access, or restrict or inhibit use by others;
- use any robot, spider, or other system, device or mechanism to access the Service likely to disrupt or disable or destroy the Service or any Content;
- frame or mirror any part of the Service or create a competitive business to the Service;
- collect or store personal information about any person or entity in violation of these Terms;
- create a database by downloading and storing any Content;
- advertise, promote or solicit any goods or services for any commercial purpose except as expressly authorized by us or expressly permitted by these Terms;
- use the Service, any feature thereof or any Content in a way that could or does violate any law or the rights (including without limitation, the copyright, trademark, patent, trade secret other intellectual property, proprietary or other rights) of any person, firm or entity or expose us, any users or any of Our Parties to legal liability; or
- pose a security risk to the Service or to any other user.
We reserve the right to limit the availability of the Service, in whole or in part, to any person, for any purpose, and to any geographic area or jurisdiction we choose, at any time and in our sole discretion.
You will, at your sole expense and to the fullest extent permitted by law, indemnify, defend (at our request), and hold harmless us and our affiliates, agents and suppliers and each of their respective officers, directors and employees (individually and collectively, “Our Parties”) against any and all losses, liabilities, expenses (including reasonable attorneys’ fees) suffered or incurred by Our Parties by reason of any claim, suit or proceeding ("Claim") arising out of or in connection with: (1) Your Content or use of Your Content, including, without limitation, any assertion that Your Content or the use thereof may infringe any copyright, trademark, or other intellectual property or other rights of any individual or entity, or are a misappropriation or violation of any individual or entity’s trade secret or other rights, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials, or use thereof caused death or bodily injury or damage to the real or tangible property of any third party; (2) any breach of or failure by you to comply with these Terms or any Policies; or (3) use of the Service by you (or anyone who accesses the Service through you). If we request that you defend a Claim, You will not agree to any settlement without our prior written consent, and we will have the right to participate, at our own expense, in the defense of any Claim with counsel of our own choosing.
- Warranty Disclaimer. THE SERVICE AND ALL CONTENT RELATED THERETO ARE PROVIDED “AS IS” AND “AS AVAILABLE.” OUR PARTIES MAKE NO, AND HEREBY DISCLAIM ALL, REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, WITH RESPECT TO THE SERVICE, CONTENT AND ANY THIRD PARTY PRODUCTS AND/ORSERVICES ON OR AVAILABLE THROUGH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND ALL WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. YOUR USE OF THE SERVICE (IN WHOLE OR IN PART) AND ANY CONTENT IS AT YOUR OWN DISCRETION AND RISK. OUR PARTIES DO NOT WARRANT THAT ANY USE OF OR ACCESS TO THE SERVICE OR ANY CONTENT WILL BE ERROR-FREE, COMPLETE, SECURE OR THE CONTENT WILL NOT BE OTHERWISE LOST OR DAMAGED OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; THAT OPERATION OR AVAILABILITY WILL BE UNINTERRUPTED; OR THAT ERRORS OR FAILURES WILL BE CORRECTED OR REMEDIED. OUR PARTIES DO NOT WARRANT THAT THE SERVICE OR ANY CONTENT WILL PERFORM IN ANY PARTICULAR MANNER. WITHOUT LIMITATION OF THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR (AND OUR PARTIES ASSUME NO RESPONSIBILITY AND WILL HAVE NO LIABILITY OF ANY KIND FOR) (1) THE DECISIONS THAT YOU MAY MAKE REGARDING THE SERVICE; (2) USE OF THE SERVICE OR CONTENT INCLUDING WITHOUT LIMITATION ANY CONTENT (OR ANY REPRESENTATIONS, ADAPTATIONS OR TRANSLATIONS THEREOF), DATA, INFORMATION, OR OTHER MATERIAL ACCESSED BY YOU IN CONNECTION WITH THE SERVICE OR THROUGH YOUR ACCOUNT, COMPUTER SYSTEM OR MOBILE DEVICE OR ANY LOSS OF DATA; OR (3) ANY LOSS, DAMAGE OR OTHER EFFECTS ON YOU THAT MAY RESULT FROM USE OF THE SERVICE OR ANY CONTENT (OR ANY REPRESENTATIONS, ADAPTATIONS OR TRANSLATIONS THEREOF) OR THE FAILURE TO COMPLY WITH THESE TERMS. OUR PARTIES MAKE NO WARRANTIES TO ANY THIRD PARTY.We make no warranties or representations that the Service, or any part(s) thereof, OR ANY CONTENT (OR ANY REPRESENTATIONS, ADAPTATIONS OR TRANSLATIONS THEREOF) is/are ACCURATE OR COMPLETE OR IS/ARE appropriate or available for use in any particular jurisdiction. In choosing to access OR USE the Service OR ANY CONTENT, you do so at your own risk, and you are responsible for complying with all local laws, rules and regulations, including local rules regarding online conduct and acceptable content. This Section will be enforceable to the maximum extent allowed by applicable law. No information or advice (whether written, oral or otherwise) provided by Our Parties or their representatives will create any warranty or in any way affect the disclaimers of warranty or limitations of liability expressly provided in these Terms.
- Functionality Limitations. THE SERVICE (INCLUDING ANY SOFTWARE) IS NOT A SUBSTITUTE FOR YOUR OWN JUDGMENT OR INDEPENDENT PROFESSIONAL TESTING, DESIGN, ESTIMATION OR ANALYSIS, AS APPLICABLE. OUR PARTIES WILL NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY RESULTS OR OUTPUT OBTAINED OR OTHERWISE VIEWED THROUGH THE SERVICE OR ANY MATERIALS DEVELOPED IN CONNECTION WITH THE SERVICE, INCLUDING ANY CONTENT. YOU ARE RESPONSIBLE FOR YOUR ACCESS AND USE OF THE SERVICE, WHICH INCLUDES, BUT IS NOT LIMITED TO, THE DETERMINATION OF APPROPRIATE USES FOR THE SERVICE AND THE SELECTION OF THE SERVICE, CONTENT AND OTHER PROGRAMS TO ACHIEVE YOUR INTENDED RESULTS. YOU ARE ALSO RESPONSIBLE FOR ESTABLISHING THE ADEQUACY OF INDEPENDENT PROCEDURES FOR TESTING THE RELIABILITY, ACCURACY AND COMPLETENESS OF SERVICE RESULTS, OUTPUT OR MATERIALS USED AND/OR DEVELOPED BY YOU IN CONNECTION WITH THE SERVICE (IF ANY), INCLUDING ALL ITEMS VIEWED, DESIGNED AND/OR CREATED USING THE SERVICE, INCLUDING ANY CONTENT. THERE ARE NO SERVICE LEVEL AGREEMENTS MADE IN CONNECTION WITH THE SERVICE.
Limitation of Liability.
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OR LIMITATION OF LIABILITY, (1) IN NO EVENT WILL OUR PARTIES BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT, CONSEQUENTIAL, OR ANY OTHER DAMAGES OF LIKE KIND WHATSOEVER (HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE), INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF USE, LOSS OF DATA, BUSINESS INTERRUPTION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR OTHER COVER, OR ANY OTHER SIMILAR COMMERCIAL OR ECONOMIC LOSS OF ANY KIND, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, NOR WILL ANY OF THE FOREGOING PARTIES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM A FORCE MAJEURE OR AN ACT OF A THIRD PARTY OR OF NO FAULT ON ITS BEHALF; AND (2) THE TOTAL CUMULATIVE COLLECTIVE LIABILITY OF OUR PARTIES FOR ALL COSTS, LOSSES OR DAMAGES FROM ALL CLAIMS, ACTIONS OR SUITS HOWEVER CAUSED OR ARISING FROM OR IN RELATION TO THE SERVICE WILL NOT EXCEED ALL AMOUNTS PAID OR DUE FROM YOU, IF ANY, FOR ACCESS TO OR USE OF THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE CLAIM (NO MATTER WHEN PAYMENTS WERE ACTUALLY MADE).
Term, Termination and Suspension.
These Terms will become effective on the date you first access or use the Service (“Effective Date”). The term of this contract (“Term”) will extend from the Effective Date until the first to occur of the following: (1) our termination of all of your rights hereunder; (2) our discontinuation of the Service or (3) the date your subscription plan expires. Without limitation of anything in this paragraph, if any or all of the Service is accessed as part of subscription, your access to that portion of the Service will terminate when your subscription terminates or expires. We reserve the right in our sole discretion, without prior notice, to terminate or suspend your access to all or part of the Service and/or your account (if applicable) or delete or remove Your Content for any reason, including, without limitation, breach or assignment of these Terms. Further, you agree that we will not be liable to you or any third party for any termination of your access to the Service or deletion of Your Content. Upon any termination of these Terms for any reason, you must immediately cease accessing and using the Service. It is your responsibility to retain copies of Your Content. Upon termination we will have the right to immediately deactivate your account(s) and suspend access to your Content and, may delete, without notice, Your Content, if any, and all backups thereof and Our Parties will not be liable for any loss or damage which may be incurred by you or any third parties as a result of such deletion. Paid Entitlement (e.g., membership, subscription) accounts that are terminated will not be refunded unless otherwise provided in the Special Service Terms for the Service. Notwithstanding anything to the contrary, no expiration or termination of this agreement will terminate or affect any licenses or sublicenses granted by you in accordance with these Terms prior to such termination, including, without limitation to other users of the Service.