Your Acceptance of XCITR Terms of Service

The XCITR Terms of Service apply to all users of the website XCITR, including users who are also contributors ["Submitters"] of content, comments and other materials. XCITR is an international repository of chemical information educational material. The repository is managed by the Division of Chemical Information (CINF) of the American Chemical Society (ACS) and the Computer-Information-Chemistry (CIC) Division of the German Chemical Society (GDCh) and it is operated by FIZ CHEMIE Fachinformationszentrum Chemie GmbH, Franklinstrasse 11, 10587 Berlin, Germany ["FIZ CHEMIE"].

The owner of the website, FIZ CHEMIE may modify or terminate any services offered by XCITR from time to time, for any reason, and without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service in our sole discretion without notice. Please review these Terms of Service from time to time so that you will be apprised of any changes.

BY USING AND/OR VISITING XCITR AND/OR LINKING TO ANY FILE RESIDING ON ANY OTHER SITE THAT IS ACCESSED VIA XCITR, YOU GIVE YOUR ASSENT TO BOTH XCITR'S TERMS OF SERVICE AND TO XCITR'S PRIVACY POLICY.

If you do not agree to any of these terms, then please do not use XCITR or any XCITR Services.

Third Party Content Made Accessible by XCITR

XCITR displays and/or makes available educational material, in a variety of formats ["Submissions"], which are uploaded by Submitters, over whom FIZ CHEMIE exercises no control. FIZ CHEMIE screens the Submissions before allowing them to be made available to third parties by an editorial board. But this can not prevent, that Submissions may contain material or links to files that some people find objectionable, inappropriate, or offensive. FIZ CHEMIE cannot guarantee that any Submissions made available will be free of objectionable content. FIZ CHEMIE therefore assume no responsibility for any Submissions.

Copyright Infringement Policy

XCITR responds to notices of alleged infringement that comply with the Digital Millenium Copyright Act. For more information about this, including directions on how to provide such a notice, please see our

Site Access, Permissions and Restrictions

XCITR hereby grants you permission to use this website as set forth in these Terms of Service, provided that:

• use of XCITR for personal or non-commercial reasons is permitted. Abusive, offensive, harmful, infringing or spammy material is not permitted and we reserve the right to take down any content from XCITR at any time for any reason.
• you will not alter or modify any part of XCITR other than as may be reasonably necessary to use XCITR for its intended purpose; and
• you will otherwise comply with the terms and conditions of the XCITR Terms of Service.

In order to access some features of XCITR, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify XCITR immediately of any breach of security or unauthorized use of your account. Although XCITR will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of XCITR or others due to such unauthorized use.

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses XCITR in a manner that sends more request messages to the XCITR servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, XCITR grants the operators of public search engines permission to use spiders to copy the metadata of the materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives any of the submitted files. XCITR reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from XCITR, nor to use the communication systems provided by XCITR for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of XCITR with respect to their User Submissions.

Intellectual Property Rights

All content on XCITR, other than the Submissions displayed on XCITR or otherwise made available via XCITR, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to FIZ CHEMIE, subject to trademark, copyright and other intellectual property rights under United States and foreign laws and international conventions. FIZ CHEMIE Content, and Submissions made available on or via XCITR, are provided to you AS IS for your information and personal and business use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of FIZ CHEMIE or the respective owners of such Submissions. FIZ CHEMIE reserves all rights not expressly granted in and to XCITR and the FIZ CHEMIE Content. You agree to not engage in the use, copying, or distribution of any of the FIZ CHEMIE Content or Submissions, other than expressly permitted herein, including any use, copying, or distribution of Submissions of third parties obtained through XCITR for any commercial or service bureau purposes. If you download or print a copy of any FIZ CHEMIE Content or Submissions for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copying of any FIZ CHEMIE Content or Submissions, or enforce limitations on use of XCITR or the FIZ CHEMIE Content or Submissions displayed or made available therein.

Submissions

If you are a Submitter, you understand that whether or not your Submissions are displayed or otherwise made available, FIZ CHEMIE does not guarantee any confidentiality or security with respect to any such Submissions.

You shall be solely responsible for your Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent, and/or warrant that:

• You own or have the necessary licenses, rights, consents, and permissions to use and authorize FIZ CHEMIE to use all Submissions in the manner contemplated by XCITR and XCITR's Terms of Service.

Nothing in these Terms of Service change, affect or diminish in any way whatever rights Submitters may have in the Submissions.

By submitting the Submissions to XCITR, however, you hereby grant FIZ CHEMIE a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Submissions in connection with XCITR, including without limitation for promoting and redistributing part or all of XCITR (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each user of XCITR a non-exclusive license to access your Submissions through XCITR, and to use, reproduce, distribute, prepare derivative works of, display and perform such Submissions as permitted through the functionality of XCITR and under XCITR's Terms of Service. Certain Submissions may be provided with, and subject to, other licenses, such as the Creative Commons license, which may affect how you use those Submissions. Users of such Submissions may see the specific licenses referred to, and included via links included, in any such Submission. Submitters who make their Submissions available subject to any such third-party licenses hereby agree to comply with all policies and conditions associated with such use and distribution. For more information about Creative Commons, please check creativecommons.org.

You hereby represent and warrant that you will not:

• Upload to or make available via the Site any Submission containing material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant XCITR all of the license rights granted herein.
• Publish falsehoods or misrepresentations that could damage XCITR or any third party;
• Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
• Post advertisements.
• Impersonate another person. XCITR does not endorse any Submission or any opinion, recommendation, or advice expressed therein, and XCITR expressly disclaims any and all liability in connection with Submissions.

XCITR does not permit copyright infringing activities and infringement of intellectual property rights on its website, and XCITR will remove all Submissions if properly notified that such Submission infringes on another's intellectual property rights. XCITR reserves the right to remove Submissions without prior notice. XCITR will also terminate a User's access to its website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a Submission removed from XCITR more than twice. XCITR also reserves the right to decide whether any Submission is appropriate and complies with XCITR's Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. XCITR may remove such Submissions and/or terminate a User's access for uploading such material in violation of XCITR's Terms of Service at any time, without prior notice and at its sole discretion.

You understand that when using the XCITR Site, you will be exposed to Submissions from a variety of sources, and that XCITR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions 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 XCITR with respect thereto, and agree to indemnify and hold XCITR, its officers, directors, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of XCITR.

XCITR reserves the right to remove Submissions at any time, without notice or recourse, should XCITR decide in its sole discretion that it is appropriate or desirable to remove a Submission.

Disclaimer of Warranties

XCITR disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the XCITR website. XCITR disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material. XCITR disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through XCITR.

1. XCITR, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. XCITR AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
2. XCITR AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE XCITR WEBSITE. XCITR AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH XCITR. XCITR AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON XCITR OR RECEIVED THROUGH ANY LINKS PROVIDED BY XCITR, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN XCITR.
3. YOU UNDERSTAND AND AGREE THAT YOU ARE DOWNLOADING OR OTHERWISE OBTAINING MATERIAL OR DATA THROUGH THE USE OF XCITR AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR ANY LOSS OF DATA THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
4. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL XCITR OR ITS LICENSORS BE LIABLE TO ANY PARTY FOR ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF XCITR OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

1. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON XCITR, FROM INABILITY TO USE XCITR, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF XCITR(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
2. THIS LIMITATION SHALL APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON XCITR OR RECEIVED THROUGH ANY LINKS PROVIDED IN TXCITR, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON XCITR OR RECEIVED THROUGH ANY LINKS PROVIDED IN XCITR.
3. THIS LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF XCITR OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, XCITR.
4. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
5. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

Applicable Law

The present General Terms and Conditions of Use and the relationship between the user and FIZ CHEMIE shall be subject to the laws of the Federal Republic of Germany to the exclusion of the UN Sales Convention.

If the user is a merchant who has been entered in the Commercial Register as such, the place of jurisdiction for any and all disputes directly or indirectly resulting from the contractual relationship shall be Berlin. This provision shall not affect any exclusive place of jurisdiction that may have been agreed.