Terms and Conditions of Use
Effective October 3, 2023
Last updated: July 31, 2023
Dry Scientific Incorporated, a California Company, along with its subsidiaries and affiliates (referred to as "DrySci", "We", "Us", “Our”) provide internet accessible software platforms (the “Platforms”) that distribute information, downloadable content, methods, and services (collectively, the “Content”) under the following terms and conditions and any additional terms or conditions defined within the Platform (collectively, the “Terms and Conditions”, or “Terms”). You can access our Content, services, your accounts, products, and educational content through our Platforms.
By accessing or using our Platforms, you are agreeing to these Terms and Conditions. The Terms and Conditions are independent of, and in addition to, any other agreements between you and DrySci.
Plain and Simple:
In our terms and conditions of use we describe the agreement we make with you (our “User(s)”) to fulfill our obligations, and what your obligations are as a user. By using our Platforms, you agree to these terms. To aid in understanding our terms we have given headings and short summaries above each of the lengthy technical sections. These headings and summaries are coarse, and only provided for convenience and broad conceptual understand. Users must defer to the full section to understand the true and full legal implications of each section.
Definitions:
Content: the materials, features and functionality on the Site, including text, graphics, videos, audio recordings, software, algorithms, artwork, interfaces, photographs, logos, icons, and images and the selection and arrangement thereof along with any enhancements to or derivative works thereto (collectively, the "Content").
DrySci: Dry Scientific Incorporated, a California Company.
External Links: Hyperlinks that connect users to other resources accessible through the internet in which DrySci does not control the link or the end location.
Indemnified Parties: DrySci and all of its related entities (subsidiaries, affiliates, predecessors, successors, parents) and agents (shareholders, directors, officers, employees, agents, representatives, and attorneys and their respective heirs, successors and assigns).
Our: See “DrySci”.
Platforms: The internet accessible software operated by DrySci. This term is encompassing of our websites, API interfaces, microservices, applications (apps), and all other internet accessible software.
Terms: See “Terms and Conditions”.
Terms and Conditions: The legally binding agreement between Dry Scientific Incorporated and the User.
Us: See “DrySci”.
User: Any person or organization using our Platforms.
We: See “DrySci”.
Web: The “World wide web”, a global internet.
Updates to the Terms and Conditions
We reserve the right to modify, update, or change the Terms and Conditions at any time without prior notice. Modifications or changes are effective upon posting on the Platform. You agree that accessing the Platform after updates to our Terms and Conditions indicates that you agree to these terms and conditions of use and are willing to be bound to the revised Terms and Conditions.
Conspicuous Typography
We use “strong”, “bold”, “italic”, or “semi-bold” text to indicate conspicuousness in our legal statements. Users agree to notice the conspicuous text that uses one or more of the features that we use to indicates conspicuousness. We note that all caps is difficult to read due to its uncommon nature, and reference the Harvard Digital Accessibility guide, that recommends avoiding all caps stating: “Readability is reduced with all caps”. Because being able to read the text is a key part of understanding what text says and means, and because accessibility is an important value that we stand for, we have refrained from placing vital sections of our text in all caps.
Opt-out Marketing and Spam
You can sign up to be on our email announcements. We provide a variety of mechanisms you can use to receive our announcements. If our marketing emails begin to look more like unwanted spam cluttering up your inbox, just click the “unsubscribe” link at the bottom of the email, complete any follow up instructions.
Opting out removes you from our marketing lists, but we may still need to communicate with you for administrative, service request, legal obligations, and other non-marketing purposes.
Third Party Links
Our Platforms may contain outgoing hyperlinks that connect users to other resources accessible through the internet that are not under our control (the “External Links”). We make no representation regarding the content, quality, accuracy or usefulness of any product or service contained at the ending or intermediate locations that may be reached by using any External Links. External Links are provided for convenience and context only, and we assume no responsibility or liability for your use of content found on External Links. Users are encouraged to learn about the internet and how links work https://developer.mozilla.org/en-US/docs/Learn/Common_questions/Web_mechanics/What_are_hyperlinks
Other websites may link to our Platforms. We have no control, authority, or responsibility over the content, accuracy, framing, or depiction of content on other services, sites, or software that may link to our Platforms. The presence of our information, content or links on other services does not signify our endorsement of their services or products.
Third Party Content
Some Content on our Platforms is provided by independent third parties. We make no warranties or representations about the quality or accuracy of third party Content that we display.
No Warranties
We make no warranties, expressed or implied, guarantees, or representations with respect to your use of our Platforms. Users expressly agree to bear the risk of using our Platform. All content and services provided through our Platforms are provided on an "as is", “as available” and “with all faults” basis. We strive for accuracy and usability across our Platforms, but we make no warranties or representation, either express or implied, regarding accuracy, merchantability, fitness for a particular purpose, suitability, usefulness, ownership, and non-infringement of our Content. We strive to operate a secure and safe Platform, but we make no warranties or representation, either express or implied, regarding specific cyber threat models, including the absence of malware, viruses, spyware, government taps, or other malicious or invasive software or hardware devices. We do not, and cannot warrant operation of the Platform without errors.
Limitations of Liability
In no event will DrySci be liable for indirect, consequential, incidental, punitive, or special damages even if DrySci was advised of the possibility of such damages regardless of the theory of liability and the maximum liability will be limited to the users purchase price paid. We assume no liability or responsibility regarding any errors or omissions. Errors could include technical inaccuracies, general mistakes, or typographic errors, and may be present in documents, information or graphics. Our Platform’s contents is altered, amended, appended, or otherwise changed periodically and without notice. DrySci shall not be liable for any claims, damages or losses realized or hypothesized as a result of your use of an insecure authentication, sharing of your account authentication, or allowing access to third parties.
DrySci provides our Platforms for general informational purposes and demonstration only, and is not engaged in providing regulated professional services or advice. Our Platforms are not providing medical, drug, legal, accounting, tax, investment, or other regulated advice categories. Users acknowledge that they understand the limitations of our Content. Users agree they will not construct our Content to imply otherwise. Users acknowledge that their use (if any) of our Content is under the express understanding that any use and reliance on our Content is entirely at their own choice with full understanding of the risks involved.
Use of this platform is at your own risk.
Indemnification
Definitions:
Indemnified Parties: DrySci and all of its related entities (subsidiaries, affiliates, predecessors, successors, parents) and agents (shareholders, directors, officers, employees, agents, representatives, and attorneys and their respective heirs, successors and assigns) (collectively the “Indemnified Parties”.
You hereby indemnify, release, defend, and hold harmless from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by the Indemnified Parties in connection to any claims arising out of your use of the Site and/or any breach by you of these Terms, including the representations, warranties and covenants you made, if any, by agreeing to these Term. DrySci reserves the right to assume exclusive control and defense of matters that otherwise would be subject to indemnification by you.
Information
User Information
All personal information that you provide to us must be true, complete, and accurate. You must notify us of any changes to such personal information by updating your profile in the account settings, or by contacting us.
Privacy
Please see our privacy policy for privacy details.
The privacy of information entrusted to us by our clients and users is important, and important to us. Our Privacy Statement defines in simple words our stance on privacy, and includes the lengthy content required by law in addition to relevant commentary protecting privacy. Please see our Privacy Policy for more information.
Transmission and Storage of Personal Data
We use the “world wide web” (the “web”), and your data may travel the web as we receive or process it. Information on the web is passed between many different entities, and the web’s innate structure allows governments, private enterprises (such as your internet service provider), and malicious actors an opportunity to view or process your data. Although we have several security measures in place to ensure safe and accurate transmission of your data, absolute security of information transmitted across the web cannot be guaranteed. We are not responsible for interceptions or interruption of communication across the web, or for changes to or loss of data. Users agree to understanding the risks involved in using the internet and consent to operating on internet infrastructure that presents these risks.
The web is “world wide”, and we use a global network of computer systems to provide our Platforms. Users agree and consent to the transmission and storage of provided personal information over international borders as necessary for processing in accordance with our Privacy Policy and standard practice.
Security Agreement
Each user is responsible for the security and confidentiality of their personal access credentials (username, email, password, and other authenticating information) that provide access to protected areas of the Platform. Users agree not to disclose their access credentials to third parties. We may suspend or place holds on accounts that we suspect may have been compromised as a security measure. Suspensions or holds may be enacted without notice and may be pursuant to ongoing investigations.
Users consent to maintaining security and confidentiality of their credentials, passwords, and other account or ID information so as to prevent unauthorized access to our platforms. We reserve the right to prevent access to this website, without notice, from accounts or connections that are suspect of being compromised.
Legal Access Agreements
Access to, and use, of our Platforms is only allowed under legal use that does not violate any governmental laws, including local, state, federal, or international. Users agree to only legally access our Platforms, and in a manner that does not damage, impair, disable, compromise, or otherwise cause issues in the service, security, or any parties rights. Users agree to understand their jurisdictions rights and restrictions, and will refrain from clicking, activating or otherwise using sections of our platforms that will violate their rights, or are not intended or compliant with the restrictions for their regions.
Access to and use of our Platforms is only allowed under the terms, policies and other restrictions referenced herein. Secure areas of the site (protected by password or otherwise) are restricted to authorized users only. Attempts to gain access to unauthorized areas, accounts, servers, computers, or networks though any means is in violation of these agreements and is unauthorized. Obtaining any content not intentionally made available is unauthorized. Unauthorized access of any kind is prohibited and may lead to civil and/or criminal prosecution.
Intellectual Property
Intellectual Property Protections
All content available on or through our Platforms, unless expressly stated otherwise, is the property of DrySci, or its licensors and is protected through, and by, California, United States of America, and international laws. No presentation, text, or any other mechanism on our Platforms shall be interpreted to convey a license or rights under any kind of patents, know-how copyright, trade secret, trademark or any intellectual property protection instrument of any kind from DrySci or any third party represented on our Platforms. Our content may not be modified, duplicated, copied, reproduced, distributed, transmitted, displayed, published, sold, developed in a derivative work or otherwise used directly or indirectly for any purpose, including commercial, non-commercial, governmental, or publicly.
Users agree to respect the proprietary nature and confidential of DrySci’s software. Users agree not to reverse engineer, decompile, or study the provided software. Unlawful use, modification or reproduction of copyrighted, trademarked, trade secrets, proprietary information, confidential information, or other protected information is prohibited.
All rights not expressly granted are reserved. Written permission to use our logo, trademarks, service marks, and related branding for marketing and informational purposes may be obtained by contacting our media office though our contact form. Please allow ~2 weeks for processing. All use of our branding materials for any purpose not explicitly granted with written permission is unauthorized. Unauthorized use of our Content may violate copyright laws, trademark laws, the laws of privacy and publicity and additional legal regulations.
Copyright Infringement takedown
We prohibit posting of any content that infringes or violates the copyright rights and intellectual property rights of others. Pursuant to the Digital Millennium Copyright Act (DMCA) of the United States of America, Dry Scientific Incorporated has a registered agent with the U.S. Copyright Office listed below.
If you believe that your work has been copied and posted on our platform in a way that constitutes copyright infringement, please write to us at the addresses below with a written statement that specifies the following information:
1. The original work that is being infringed (provide a list if multiple works).
2. The location of the content on our platform.
3. Contact information for you (include email address, postal address, and telephone number).
4. A statement by you that, in good faith, you have reason to believe that the use is not authorized.
5. A statement by you: "under penalty of perjury, this provided information is accurate and you are the copyright holder or an agent authorized to act on their behalf".
6. An electronic or physical signature by the owner of the copyright interest or by their agent.
DrySci will remove content that infringes the copyright or other intellectual property rights of others upon receipt of such a statement. Please see 17 U.S.C. 512(c)(3) for the requirements for additional details on proper notification.
Notices of claimed copyright infringement on the Site should be directed to:
Dry Scientific Inc.,
Attn: Secretary, Copyright
56 Coltrane Ct,
Irvine California 92617-4131,
Or by email to:
secretary@drysci.com
Users who repeatedly submit infringing or unlawful material will be banned from posting.
User content
Users may have the ability to submit, post, or otherwise upload content to our Platforms. For example, best practice forums, discussion boards, community help posts, questionnaire, surveys, screenshots of use, or blog comment sections. We may use these posts to understand and learn from users on pain points and identify parts of our products to improve, extend, better support, or better market.
Users may only submit, post or otherwise upload if they acknowledge and agree to the following: Your uploading of content is an acknowledgment and confirmation that you willingly and automatically grant DrySci a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable license. This license grants DrySci the right to publish your content on our Platforms, and the ability to use, reproduce, modify, and otherwise present or exploit your submission for any purpose, in any form. Users waive any rights or claims that may otherwise have been present, including infringement, intellectual property, privacy, or attribution.
User Code of Conduct
We focus on products and services for the professional research domain. Our Platforms are exclusively for discussing practical, technical, and theoretical content relating to research and development practice.
We do not allow unprofessional conduct on our platforms. You agree not to use our platforms to post, upload, distribute, or publish material that:
a) Violates the law, constitutes a criminal offence or creates a civil liability;
b) Violates any of these terms and conditions or related agreements;
c) Contains racist, sexist, or discriminatory content or implications;
d) Contains obscene, threating, defamatory or libelous statements;
e) Infringes on the copyright or intellectual property of any third party;
f) Disrupts, breaches, or compromises the security or privacy of yourself or any third party;
g) Consists of “spam”, advertisements, marketing, or propositions to purchase;
h) Contains false or misleading statements;
DrySci is not its Users. We do not endorse or assure the accuracy of information posted to the platforms by Users, and we do not inspect or validate all information provided by our Users. We reserve the right to remove in whole or in part, to edit factual errors, or refuse to display any content for any reason or for no reason at all.
Unsolicited Idea Submissions
Do not send unsolicited submissions to DrySci. DrySci, including its employees, contractors or representatives, do not accept or consider unsolicited ideas, materials, proposals, promotions, suggestions, recommendations, or other creative concepts or content, including for new advertising campaigns, names, marketing strategies, products, processes, services, or technologies. Please do not send any original creative works, samples or demos in any form. This policy is to explicitly avoid potential misunderstanding or disputes regarding the origin of any content, product, advertisement, concept, product, service, or technologies that might seem similar to ideas provided to DrySci.
If, despite our request that you do not send ideas submissions, you send an idea submission, then you agree and admit an understanding that DrySci makes no commitment to treat your submission as confidential or proprietary, and that the related intellectual property rights of your submission automatically become the property of DrySci. We may use or redistribute the submission for any purpose and in any way we choose on an unrestricted basis without compensation, acknowledgement or recognition.
Feedback
If you respond to request for feedback, comments, suggestions, bug report, usage report, or any other communication method, and in that submission you provide intellectual property in any form, you give DrySci, without charge, fees, royalties, or any other obligation to compensate you, permission and the right to make, create, derive, develop, have made, create derivative works, use, share, commercialize, or otherwise exploit your feedback in any form and for any purpose. Examples of common feedback content include product improvements, problems in existing products, new products, proposed bug fixes, technologies, promotions, product names, and product feedback. You agree to only provide original feedback that is not subject to a copyright, patent, license, or any mechanism that will require an agreement, contract, indebtedness, or responsibility to a third party.
Enforcement
Non-Waiver
Our failure to enforce any part of these Terms of Service shall not be considered a waiver of our right to enforce such provision.
Jurisdiction and Governing Law
These Terms and Conditions shall be governed and interpreted using the laws of California, the Golden State of the United States of America. Users agree to hold proceedings relating to these Terms and Conditions in a California state court or a federal district courts located in California. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.