JOURNAL OF INDEPENDENT MEDICAL RESEARCH

COLLABORATIVE PUBLISHING FOR THE 21st CENTURY


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1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE The joimr.org Service ("Service"), owned and operated by joimr.org, is provided to you ("Member") under the terms and conditions of this joimr.org Terms of Service ("TOS") and any operating rules or policies that may be published by joimr.org. The TOS comprises the entire agreement between Member and joimr.org and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND USING THE SERVICE, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE TOS.
 

2. DESCRIPTION OF SERVICE joimr.org is providing Member with a "personal Web site" and/or "message board" which allows Member to upload Member's personal files to joimr.org server via the World Wide Web and edit Member's personal files via the World Wide Web; to post and search used text books on joimr.org; to make friends on joimr.org via the World Wide Web. joimr.org will not charge Member for this Service. Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration information ("Registration Information"). Furthermore, Member grants joimr.org the right to disclose to third parties certain Registration Information about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, email address, account and phone number, unless: (1) Member expressly directs joimr.org, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) joimr.org is required to disclose such information by any applicable law or legal process served on joimr.org. If any information provided by Member is inaccurate, joimr.org retains the right to terminate Member's membership and rights to use the Service.
 

3. MODIFICATIONS TO TERMS OF SERVICE joimr.org may change the terms and conditions of the TOS from time to time. Upon any change in the terms and conditions of the TOS, joimr.org will notify you by posting the changes in an evident screen easily visible during your use of the Service. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the TOS and its modifications; and (2) agreement by Member to abide and be bound by the TOS and its modifications.
 

4. MODIFICATIONS TO SERVICE joimr.org reserves the right to modify or discontinue the Service with or without notice to Member, although all reasonable efforts will be made to provide advance warning. joimr.orgshall not be liable to Member or any third party should joimr.orgexercise its right to modify or discontinue the Service.
 

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8. LIMITATION OF LIABILITY joimr.org SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASE OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF UOFTFRIENDS.ORG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
 

9. NO RESALE OR COMMERCIAL USE OF THE SERVICE Member's right to use the Service is personal to Member. Member may only be an individual: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of joimr.org.
 

10. DATA STORAGE AND OTHER LIMITATIONS joimr.org assumes no responsibility for the deletion or failure to stored data. joimr.org retains the right, at joimr.org's sole discretion, to determine whether or not Member's conduct is consistent with the letter and spirit of the TOS and may terminate Service if a Member's conduct is found to be inconsistent with the TOS.
 

11. MEMBER CONDUCT Member is solely responsible for the contents of his or her transmissions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) to comply with U.S. law regarding the transmission of technical data exported from U.S. through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; and (4) to comply with all regulations, policies and procedures of networks connected to the Service. The Service makes use of the Internet to send and receive data; therefore, Member's conduct is subject to Internet regulations, policies and procedures. Member will not use the Service for chain letters, junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process. Member agrees not to transmit through the Service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. 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. Attempts to gain unauthorized access to other computer systems are prohibited. Member shall not interfere with another Member's use and enjoyment of the Service or another entity's use and enjoyment of similar services. joimr.org may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the TOS.

You agree to not use the Service to:


(a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;


(b) harm minors in any way;


(c) impersonate any person or entity, including, but not limited to, a joimr.org official, or falsely state or otherwise misrepresent your affiliation with a person or entity;


(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);


(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);


(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;


(g) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas of the Service that are designated for such purpose;


(h) upload, post or otherwise transmit 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;


(i) disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;


(j) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;


(k) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;


(l) "stalk" or otherwise harass another;


(m) collect or store personal data about other users;


(n) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating "Crush" sites;


(o) use your home page (or directory) as storage for remote loading or as a door or signpost to another home page, whether inside or beyond joimr.org;


(p) have multiple joimr.org accounts; or


(q) engage in commercial activities without prior approval from joimr.org. This includes, but is not limited to, the following activities:

12. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada United States or the country in which you reside.

13. CONTENT SUBMITTED TO joimr.org
joimr.org does not claim ownership of the Content you place on your personal Web site. By submitting Content to joimr.org for inclusion on your personal Web Site, you grant joimr.org the world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your personal Web site on joimr.org's Internet properties. This license exists only for as long as you continue to be a joimr.org's Member and shall be terminated at the time your personal Web site is terminated.

You acknowledge that joimr.org does not pre-screen Content, but that joimr.org and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, joimr.org and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

14. INDEMNITY Member agrees to indemnify and hold joimr.org, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this TOS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
 

15. TERMINATION Either Member or joimr.org may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. joimr.org shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the TOS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify joimr.org of termination. Upon termination of the Service, Member's right to use the Service and Software immediately ceases.
 

16. NOTICE All notices to a party shall be in writing and shall be made either via online announcements, email, or conventional mail. joimr.org may broadcast notices or messages through the Service, or by email, to inform Member of changes to the TOS, the Service, or other matters of importance; such broadcasts shall constitute Notice to Member.
 

17. PARTICIPATION IN PROMOTIONS OF ADVERTISERS OR PARTNERS Member is not permitted to enter into correspondence with or participate in promotions of Advertisers or Partners showing their products on the Service.
 

18. PROPRIETARY RIGHTS TO CONTENT Member acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, or Internet-distributed, commercially produced information presented to Member by the Service ("Content") by joimr.org, joimr.org's Advertisers, or other joimr.org members may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this protected Content as expressly authorized by the owner of the Content ("Owner"), the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Owner, the Service or the Advertiser.
 

19. LAWS The TOS shall be governed by and construed in accordance with the laws of California, County of Ventura, excluding conflict of law provisions. Member and joimr.org agree to submit to the exclusive jurisdiction of the courts of California. If any provision(s) of the TOS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. joimr.org's failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by joimr.org in writing. Member and joimr.org agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the TOS are solely used for the convenience of the parties and have no legal or contractual significance.

 


PLEASE NOTE: At this point we are still working on the paperwork with PubMed Central, and the distribution agreement has not yet been signed.


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