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WizFolio
Terms of Use Version 1.5
Date of Last Revision: January 3, 2011.
  1. Preamble

    Welcome to WizFolio, a content and file management platform consisting of web sites, online services, software applications and networks that allows for the authorized storage, distribution and sharing of digital content over the internet. WizFolio’s online service enables individuals using WizFolio (hereinafter, “Users”) to easily and effectively communicate and collaborate with each other. WizFolio is optimized for researchers to search, collect, store, organize and share bibliographic data and peer review publications with other researchers.
  2. Acceptance

    The WizFolio service and network (collectively, "WizFolio" or "the Service") are operated by WizPatent Pte. Ltd. and its corporate affiliates (collectively, "us", "we" or "the Company").

    “WizCite” is a client software application/module that may be downloaded and installed by you on an as-needed basis so that you can use certain features of WizFolio (such as scholarly citations) and any modified versions and copies of, and upgrades, updates and additions thereto, provided by WizFolio at any time.

    “WizCite Bookmarklet” is a bookmarklet you can add to the bookmark toolbar on WizFolio supported World Wide Web browser so that you can use certain features of WizFolio (such as scholarly citations) and any modified versions and copies of, and upgrades, updates and additions thereto, provided by WizFolio at any time.

    “WizAdd” is a bookmarklet you can add to the bookmark toolbar on WizFolio supported World Wide Web browser. WizAdd is a convenient web browser tool for gathering information from webpages.

    WizCite, WizCite Bookmarklet and WizAdd and other software applications/modules or bookmarklets provided are collectively termed as “Addons”.

    By accessing or using our web site at www.wizfolio.com (the “Site”) or downloading or using Addons, you signify that you have read, understand and agree to be bound by these terms of use contained in this document ("Terms of Use" or "Agreement"), whether or not you are a registered member of WizFolio. In the event of any inconsistency between the WizFolio Privacy Policy and these Terms of Use, the Terms of Use shall prevail. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.
  3. Modification of the Terms of Use

    We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without prior notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site or any Addons provided by the Company including WizCite, WizCite bookmarklet and WizAdd. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
  4. Membership Eligibility

    WizFolio is not available to minors under the age of 13 or to any Users suspended or removed from the system by us for any reason. You may not have more than one active account. Additionally, Users are prohibited from selling, trading or otherwise transferring their WizFolio account to another party. If you do not qualify, you may not use WizFolio.
  5. System Requirements

    You acknowledge that there are certain system requirements that are necessary in order to use the Service, and you are financially and technically responsible for ensuring that these requirements are met. These system requirements are (a) full access to the Internet (TCPIP) and (b) a World Wide Web browser, either Firefox, Safari, Chrome or Microsoft Internet Explorer (Version 7.0 or higher).
  6. Account Information

    In order to use certain aspects of the Site or the Service, you will have to register and create an account and obtain a password. You may never use another User's account or password without permission, and you may only register, obtain a password or create an account for another User only as long as you have such User's permission. In consideration of your use of the Site and Services, you agree to
    1. provide accurate, current and complete information about yourself as may be prompted by any registration forms on the Site ("Your Profile");
    2. maintain the security of your password and identification;
    3. maintain and promptly update Your Profile, and any other information you provide to the Company, to keep it accurate, current and complete; and
    4. be fully responsible for all use of your account and for any actions that take place using your account. You agree that any information provided by you to us or our affiliates and suppliers will not violate any law or regulation or infringe the rights of any third party. You acknowledge and agree that the Company may access, preserve and disclose your account information and related contents if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to:
      1. comply with legal process;
      2. enforce these Terms of Use;
      3. respond to claims that any content violates the rights of third parties;
      4. respond to your requests for customer service; or
      5. protect the rights, property or personal safety of WizFolio, its Users, suppliers, or the public.
  7. Materials Posted on the Site

    You are solely responsible for accuracy and compliance with copyright laws with respect to Your Profile (including your name, image, and likeness), bibliographic data, electronic documents, messages, notes, drawings, photos, music, videos, listings, advertisements and other materials (collectively the “Materials”) you upload for storage, display or share with other Users on or through the Service or the Site (hereinafter, “Post”). You may not Post Materials that you did not create or that you do not have permission to post. When in doubt, you should check with the original source of the Materials or the appropriate provider(s) of bibliographic databases and electronic documents either for the necessary permission or to ensure compliance with copyright restrictions. You affirm that your Materials do not contain any viruses, adware, spyware, worms, or other malicious code. You are solely responsible at your sole cost and expense for creating backup copies and replacing any Materials you Post or store on the Site or provide to the Company.

    You understand that when using WizFolio you will be exposed to materials from a variety of sources (hereinafter, “Other Materials”), and that WizFolio and the Company is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Other Materials. You further understand and acknowledge that you may be exposed to Other Materials that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto.

    The Company does not endorse any Materials or Other Materials or any opinion, recommendation or advice expressed therein, and the Company expressly disclaims any and all liability in connection with Materials and Other Materials. If notified by a User or a content owner of Materials that allegedly does not conform to these Terms of Use, the Company may investigate the allegation and determine in its sole discretion whether to remove the Materials, which it reserves the right to do at any time and without notice. For clarity, the Company does not permit copyright infringing activities on the Service or the Site.

    WizFolio provides a data storage facility (hereinafter, “Folder”) in which you can post bibliographic data and associated electronic files and links as part of your Materials. A section within the Folder identified as “My Publications” is intended to store your Materials pertaining to Materials in which you are the creator or a co-creator of the works identified as an “Item File”. The bibliographic data in the My Publications section pertaining to title of the works, creators, abstract and source identification information comprising the name of publisher, journal name, volume, issue, publication date and page numbers are collectively termed as “Basic Bibliographic Data”. When you Post Materials to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Materials on the Site. By posting Materials to any part of the Site except in the Folder (hereinafter, the “Content”), you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content and Basic Bibliographic Data for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content and Basic Bibliographic Data, and to grant and authorize sublicenses of the foregoing. You may remove your Materials from the Site at any time. If you choose to remove your Material, the license granted above will automatically expire, however you acknowledge that the Company may retain archived copies of your Content and Basic Bibliographic Data. The Company does not assert any ownership over your Materials; rather, as between us and you, subject to the rights granted to us in these Terms of Use, you retain full ownership of all of your Materials and any intellectual property rights or other proprietary rights associated with your Materials.

    By distributing or disseminating Materials through WizFolio, you hereby grant to each User that is authorized to access your Materials a non-exclusive license to access and use your Materials under the terms indicated by you when you post such Materials. Notwithstanding the foregoing, you hereby grant to each User that is authorized to access your Materials at least a limited, non-exclusive, personal license to view and download such Materials in the manner contemplated by this Agreement. The foregoing license granted by you terminates as to a specific piece of Materials once you remove or delete such Materials from WizFolio provided, however, that the User rights to such Materials arising out of distributions occurring on or prior to deletion of such Materials from WizFolio survive any termination or expiration of the license granted to these Users.

    Violators of these third-party rights may be subject to criminal and civil liability. The Company reserves all rights and remedies against any Users who violate these Terms of Use.

    By distributing or disseminating Materials through WizFolio, you hereby grant The Company permission to collect (even if you are not online) certain data relating to your Materials for the purpose of:

    1. Generating recommendations that may be of interest to you;
    2. Preparing individualized statistical data made only available to you via your account.
    3. Generating anonymous aggregate statistical data regarding all users’ Materials and interests. This statistical information does not contain any personally identifiable information and is made only available to Users on an anonymous and aggregated basis.
  8. License Grant to Upload

    Subject to your compliance with the terms and conditions set out in these Terms of Use, the Company hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to use WizFolio for the uploading and distributing of your Materials.

    Materials are uploaded at your own risk. Notwithstanding any obligations hereunder of the Company to protect Materials with security measures, the Company cannot guarantee that there will be no unauthorized copying or distribution of Materials nor will the Company be liable for any copying or usage of the Materials not authorized by the Company.
  9. License Grant to Download

    Subject to your compliance with the terms and conditions set out in these Terms of Use, the Company hereby grants to you a personal, limited, non-exclusive, non-transferable, freely revocable license to view and download Materials solely through WizFolio subject to the license under which such Materials is distributed .
  10. Confidential Information

    Materials including messages or any other content that you Post to WizFolio will NOT be deemed confidential or secret information.
  11. Profile Page

    Your Content posted by you including Your Profile can be used to auto-generate a Profile Page associated with you. You hereby authorize WizFolio to display a list of bibliographic entries based on Basic Bibliographic Data posted by you in the My Publication section of the Folder. You hereby agree that the public and other Users may access your Profile Page.
  12. User Conduct

    You understand that except for advertising programs offered by us on WizFolio, WizFolio is available for your personal, non-commercial use only. You represent, warrant and agree that no Materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through WizFolio will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material. You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users.

    In addition, you agree not to use the Service or the Site to:
    1. use manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in WizFolio;
    2. monitor or copy, or allow others to monitor or copy, our web pages or the content included herein, “frame” or otherwise simulate the appearance or function of WizFolio;
    3. harvest or collect email addresses or other contact information of other Users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
    4. use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Service or the Site;
    5. use automated scripts to collect information from or otherwise interact with the Service or the Site;
    6. upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
    7. upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your colleagues, (ii) are taken by you or your colleagues, or (iii) are original art or animation created by you or your colleagues;
    8. impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
    9. upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
    10. upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, identification card numbers, social security numbers and credit card numbers;
    11. solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
    12. upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
    13. intimidate or harass another User;
    14. upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
    15. use or attempt to use another User's account, service or system without authorization from the Company, or create a false identity on the Service or the Site.
    16. upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the Company or Users to any harm or liability of any type;
    17. post, upload or distribute marketing material, advertisements, spam, content designed to aid search engine optimization, content in HTML format with links or redirects, or other commercial content that detracts from the WizFolio experience.
    18. cause an excessive usage of bandwidth.
    The Company may terminate your membership, delete your profile and any content or information that you have posted on WizFolio and/or prohibit you from using or accessing WizFolio (or any portion, aspect or feature of WizFolio) for any reason, or no reason, at any time in its sole discretion, with or without notice.
  13. Access Levels

    Certain Services enable you to specify the level at which such Services restrict access to your Materials. You are solely responsible for applying the appropriate level of access to your Material.
  14. International Use

    Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Singapore or the country in which you reside.
  15. Copyright Complaints

    You are prohibited from uploading, posting or otherwise transmitting on or through WizFolio any Materials that violate another party's intellectual property rights. When we receive proper notification of an alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing Material and will terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any Material on the Site infringes upon any copyright which you own or control, you may send a written notification of claimed copyright infringement (hereinafter, “Notice”) to us, which must contain the following elements:
    1. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
    2. A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
    3. A description of where the content that you claim is infringing is located on the Service or Site;
    4. Information sufficient to permit the Company to contact you, such as your physical address, telephone number and email address,
    5. A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
    6. A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  16. Repeat Infringer Policy

    In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at the Company's sole discretion, Users who are deemed to be repeat infringers. A repeat infringer is a User who has been notified by the Company of infringing activity violations more than twice and/or who has had their Materials or any other user-submitted content removed from WizFolio more than twice. The Company may also at its sole discretion limit access to the Site and/or terminate the memberships of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
  17. Messages and Communications

    Provided you comply with these Terms of Use, you are welcome to post, transmit or submit messages, comments and blog posts through the Services available to you (collectively "Messages"). By posting, transmitting or submitting Messages you automatically grant to the Company an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, copy, publicly perform, publicly display and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. You remain solely responsible for the Messages or any other Materials that you post or cause to be displayed through any part of the Site and that you transmit in any of your communications that use the Site and the Services provided hereunder. The Company accepts no responsibility whatsoever in connection with or arising from such Messages.

    The Company does not endorse and has no control over the content of Messages submitted. Messages are not reviewed by the Company prior to posting and/or sending and do not necessarily reflect the opinions or policies of the Company. The Company makes no warranties, express or implied, as to the content of Messages or the accuracy and reliability of any Messages or Materials submitted or posted by any User. Nonetheless, the Company reserves the right to prevent you from submitting Messages or any other Content or Materials through WizFolio and to edit, restrict or remove such Messages or other content for any reason at any time.

    The Company may need to communicate with you via email. You agree to receive emails which are specific to your account and necessary for the normal functioning of WizFolio, including a series of emails which help inform new Users about various features of WizFolio. You also agree to have your name and/or email address listed in the header of certain communications which you initiate through WizFolio.
  18. Use of Website

    Your access to and use of the Site, the Materials, the Services and the Addons is solely at your own risk. The Company will have no responsibility for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Site, the Materials, the Services or the Addons. You hereby agree and acknowledge that the Company may, in its sole and absolute discretion, establish rules and procedures setting limits on the use of the Site, the Materials, the Services and the Addons, including, without limitation, the following:
    1. The Company may limit the amount of Materials that you may Post to the Site;
    2. The Company may limit the maximum number of Messages that may be sent from or received by an account used through the Services, as well as the maximum size of such Messages;
    3. The Company may limit the disk space that will be allotted on Company servers on your behalf;
    4. The Company may set a limit on the maximum number of days that Materials or Messages will be retained by the Services or available through the Site; and
    5. Company may limit the number of times you may access the Site, the Services or the Materials during a limited period of time.
    You hereby agree that the Company has no responsibility or liability for any deletion or failure to storage any Materials or other information maintained or transmitted through the Services. Company hereby reserves to right to log off accounts that are inactive for an extended period of time.
  19. WizFolio Starter

    WizFolio Starter (meaning any version so marked or marked for evaluation) may have features only to be used for a limited time period to review, demonstrate and evaluate whether User wishes to subscribe a Premium version of WizFolio. Some features of WizFolio Starter will automatically cease operating after a predetermined period of time.
  20. Coverage of Warranty for Premium Account

    If You are not satisfied with the performance of the Service during the period of this Limited Warranty Period (Thirty (30) days from the date of receipt), You may inform WizFolio and WizFolio will refund you the subscription price minus handling fees (15% of total subscription fee).
  21. All Claims Barred After One (1) Year

    User acknowledges and agrees that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. User agrees that the one (1) year bar is reasonable and waives any objection to the one (1) year bar.
  22. Fees

    The Company does not currently charge for the use of the Site when using the WizFolio Starter Service. Company reserves the right to charge for the Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice.
  23. Advertisements

    The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Materials and Content subject matter. You hereby agree that the Company may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
  24. Copyrights and Trademarks Information

    WIZFOLIO and other Company graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of the Company in the U.S. and/or other countries. The Company's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.

    All content on the Site and available through the Service, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (the "Site Content"), are the proprietary property of the Company, its Users or its licensors with all rights reserved. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the Company's prior written permission, except that the foregoing does not apply to your own Materials (as defined below) that you legally post on the Site. Provided that you are eligible for use of the Site, you are granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. Except for your own Materials, you may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Use and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

    All other trademarks, trade names, service marks, service names are the property of their respective holders, including but not limited to following:

    "Google" is a registered trademarks of Google, Inc.
    "MSN" and the butterfly logo are registered trademarks of Microsoft Corporation.
    "myspace.com®" is a registered trademark of Google, Inc.
    "Facebook" is a registered trademark of Facebook.
    "Amazon" is a registered trademark of Amazon.
    “Web of Science” is a registered trademark of Thomson Reuters.
    “Twitter” is a registered trademark of Twitter, Inc.

    THIS SITE IS NOT AFFILIATED WITH OR ENDORSED BY THE COMPANIES REFERENCED ABOVE.
  25. Privacy Policy

    WizFolio's Privacy Policy at http://help-l.wizfolio.com/Privacy/Policy.aspx is hereby incorporated into these Terms of Use by reference. Please read the Privacy Policy carefully for terms and provisions relating to the collection, use, and disclosure of your personal information. WizFolio's Privacy Policy applies to the use of the Service and any data collected when you register with us, or use the Service, the Site or the Materials.
  26. Arbitration

    YOU AND THE COMPANY AGREE THAT, EXCEPT AS MAY OTHERWISE BE PROVIDED IN REGARD TO SPECIFIC SERVICES ON THE SITE IN ANY SPECIFIC TERMS APPLICABLE TO THOSE SERVICES, THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF USE, THE SITE AND/OR THE SERVICE (INCLUDING YOUR VISIT TO OR USE OF THE SITE AND/OR THE SERVICE) SHALL BE FINAL AND BINDING ARBITRATION, except that to the extent that either of us has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth in these Terms of Use or in the Privacy Policy then the parties acknowledge that arbitration is not an adequate remedy at law and that injunctive or other appropriate relief may be sought.

    Arbitration under this Agreement shall be conducted by the Singapore International Arbitration Centre (“SIAC”) and, in the case of consumer disputes, the SIAC's Supplementary Procedures for Consumer Related Disputes ( the "SIAC Consumer Rules") (collectively the "SIAC Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such SIAC Rules and shall be subject to the limitations provided for in the SIAC Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, the Company will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.

    To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF USE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SERVICE, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action or proceeding by you related in any way to the Site and/or the Service (including your visit to or use of the Site and/or the Service) be instituted more than one (1) year after the cause of action arose.
  27. Disclaimer; No Warranties

    You should not post Materials without maintaining a copy of such Materials in another location as the Materials may be erased, removed or corrupted at any time, with no liability to the Company. We strongly encourage you to download a backup of your collections of bibliographic data as an RIS file into a computer. In the event of a database upgrade, we cannot guarantee that your collections will be available after the transition. To recover your collections, you can upload the RIS backup file back onto WizFolio. WizFolio does not provide automatic backup of your uploaded files. You are advised to keep a copy on your computer as your own backup before uploading to WizFolio

    The Company is not responsible or liable in any manner for any Materials or third party applications, software or Content posted on the Site or in connection with the Service, whether posted or caused by Users of the Site, by the Company, by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for User conduct and postings, we do not control and are not responsible for what Users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any Materials or third party applications, software or Content. The Company is not responsible for the conduct, whether online or offline, of any User of the Site or Service.

    The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The Company is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any web site or combination thereof, including injury or damage to your or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Site and/or in connection with the Service and Addons. Under no circumstances will the Company be responsible for any loss or damage, including any loss or damage to any Materials or personal injury or death, resulting from anyone's use of the Site or the Service or Addons, or any Materials or third party applications, software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.

    THE SITE, THE SERVICE, THE ADDONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY ADDONS. COMPANY DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY ADDONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE, ITS SERVERS, OR THE ADDONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY ADDONS) FROM OR THROUGH THE SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

    The Company reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Addons offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by the Company.
  28. Indemnification

    You agree to indemnify and hold the Company, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any Materials, any third party applications, software or Content you post or share on or through WizFolio, your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.

    You also agree to indemnify and hold the National University of Singapore harmless from and against any and all claims as a result of the use of the Site and the Service.
  29. Limitation of Liability

    IN NO EVENT WILL THE COMPANY OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY ADDONS OR ANY OF THE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED SGD$5.00. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO THE COMPANY FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.

    CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN SUCH A JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS OF USE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
  30. Third-Party Sites

    The Site, the Service, the Materials and the Content may include links to third party Internet sites, online offerings or resources that are not under control of the Company and the Company is not responsible for, nor does it guarantee the accuracy or integrity of, the content(s) of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Company makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through such linked sites. Access and use of linked sites, including information, material, products and services on linked sites, or available through linked sites is solely at your own risk.
  31. Injunctive Relief

    You agree that the Company will have the right to obtain an injunction against any unauthorized use of the Site or the Service by any User, in addition to any other rights and remedies to which the Company may be entitled.
  32. Governing Law; Venue and Jurisdiction

    This Agreement shall be interpreted, construed and enforced in all respects in accordance with the internal laws of the Republic of Singapore, without regard to its principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms of Use or the Company will be filed only in the Republic of Singapore, and you hereby consent and submit to the personal and exclusive jurisdiction of the Republic of Singapore for the purposes of litigating any such action. The application of UCITA and the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.
  33. Submissions

    You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to the Company are non-confidential and shall become the sole property of the Company. The Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
  34. Definitions and Constructions

    Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms of Use with the initial letter(s) capitalized will have the meaning attributed to them in these Terms of Use.
  35. Headings

    The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Use, and will not be deemed to limit or affect any of the provisions hereof.
  36. Language

    The Agreement and all related documents have been drawn up in English and the English version of this Agreement shall be the sole version used in interpreting and enforcing this Agreement
  37. Miscellaneous

    These Terms of Use constitute the entire agreement between you and the Company regarding the use of the Site and/or the Service, superseding any prior agreements between you and the Company relating to your use of the Site or the Service. The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the Company. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction. Any assignment attempted to be made in violation of these Terms of Use shall be void. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration. By using the Site and/or the Service you are agreeing to all the terms and conditions in this Agreement.
(Terms of Use Version 1.5)