Modifications shall become effective immediately upon being posted at thehappyscientist.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
1. Description of Service
Robert Krampf is providing Member with access to the the member level content on thehappyscientist.com. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Robert Krampf on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Robert Krampf makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Robert Krampf shall have no liability for any interruptions in the use of this Website. Robert Krampf disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
ROBERT KRAMPF SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR ROBERT KRAMPF SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF ROBERT KRAMPF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Robert Krampf, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
5. Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Robert Krampf of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Robert Krampf.
6. User Conduct
By way of example, and not as a limitation, you agree not to use the Services:
1. to abuse, harass, threaten, impersonate or intimidate other thehappyscientist.com users;
2. to contribute any Content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any thehappyscientist.com user;
5. to create or submit unwanted email (“Spam”) to any other thehappyscientist.com users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
Memberships are restricted to single users, unless otherwise specified. Distribution or sharing of your account may result in suspension or cancellation.
7. License to Robert Krampf
By posting messages, experiment ideas, product review, blog entries, uploading files, or otherwise providing any material to us for display on thehappyscientist.com, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message, upload a file, or otherwise provide us with material for display on the Service, you are granting Robert Krampf a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:
A. Use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.
B. Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.
8. Modifications and Interruption to Service
Robert Krampf reserves the right to modify or discontinue the Service with or without notice to the Member. Robert Krampf shall not be liable to Member or any third party should Robert Krampf exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Robert Krampf does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
9. Third-Party Sites
10. Disclaimer Regarding Accuracy of Vendor Information
While Robert Krampf makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.
Robert Krampf makes no warranties or representations whatsoever with
regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.
11. Governing Jurisdiction of the Courts of Florida
12. Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
13.Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is ©2008 Robert Krampf, will all rights reserved, or is the property of Robert Krampf and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of Robert Krampf is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Robert Krampf.
Robert Krampf™ and thehappyscientist.com™ are proprietary
marks of Robert Krampf. Robert Krampf’s trademarks may not be used in connection with any product or service that is not provided by Robert Krampf, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Robert Krampf. All other trademarks displayed on Robert Krampf’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with Robert Krampf.
14. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Robert Krampf designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
5280 N Johnson Canyon Rd.
Kanab, UT 84741
By Telephone: 435-644-5199
By Email: membersupport@.com
15. Other Terms