Terms of Service
Last update: May 1, 2013
Sofoi.com is an online information service, hereafter referred to as the “Service” (including the website and all its applications), provided by Perceva Limited (company registered in England), hereafter referred to as the “Provider”.
The Service enables experts and researchers to access content feeds across a variety of topics and enables them to share information, comments, and evaluations with other users of the Service.
These Terms of Service ("Terms") govern your access to and use of the Provider services, websites, and applications. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.
Use of the Service
You may use the Service only if you can form a binding contract with the Provider and only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
The Service is intended exclusively for the use of full-time researchers and academics who are employed within or enrolled in universities, publicly-funded research centres, teaching centres, and certain not-for-profit think tanks.
By registering for the Service and using the Service you warrant that you: (i) are 18 years of age and older; (ii) are a full-time researcher or academic; (iii) are not a competitor of the Provider; and (iv) will not be using the Service for commercial purposes.
You agree to provide accurate, current and complete information (including your name, your title, your occupation, and your email) during the registration process and to update that information to keep it accurate, current and complete. The Provider reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding the password that you use to access the Service. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your account. The Provider will not be liable for any loss or damage arising from your failure to comply with this instruction.
We may, without prior notice or justification, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service.
"Content" means any information, text, links, evaluations or other materials uploaded, downloaded or appearing on the Service.
Users of the Service provide Content such as comments and evaluations that are shared with other users of the Service.
Since your Content will be viewable by other users of the Service, you should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will the Provider be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You retain ownership of all Content you submit, post, display, or otherwise make available on the Service. By submitting or posting Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, analyse, adapt, modify, publish, transmit, display and distribute such Content through or by means of the Service and its applications (now known or later developed).
When a user uploads, posts or otherwise makes available content, they authorise the Provider to use the content and an abridged version of their profile information (photograph, name, and job title) for the marketing of the Service.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users. You understand that if you do not have the right to submit Content for such use, it may subject you to liability. The Provider will not be responsible or liable for any use of your Content by the Provider in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Provider, its users and the public.
Third Party sites
The Provider provides access to links from Third Party Sites. Members can also share links to Third Party Sites via the bookmarklet function. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Provider of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You must not do any of the following while accessing or using the Service:
(i) use the Service for any unlawful purposes or for promotion of illegal activities;
(ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Content" section of these terms;
(iii) post a profile photo that does not represent a true likeness of yourself, or in which you cannot be clearly and plainly recognised;
(iv) use the Service for the purpose of spamming anyone;
(v) access or tamper with non-public areas of the Service, the Provider's computer systems, or the technical delivery systems of the Provider's providers;
(vi) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(vii) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by the Provider (and only pursuant to those terms and conditions);
(viii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information;
(ix) use the service to advertise for commercial products or services of any kind;
(x) allow others to use your account;
(xi) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service;
(xii) attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service; or
(xiii) collect or store any personally identifiable information from the Service from other users of the Service without their express permission.
The Provider reserves the right, at its sole discretion, to discontinue or terminate the Service and to terminate these Terms, at any time and without prior notice. If you breach any of these terms, the Provider reserves the right to restrict, suspend or terminate your account, with or without cause.
The Member may terminate their membership at any time. The Member may deliver notice of termination through the contact us section of the Sofoi website, or by postal service (the address is in the contact us section of the Sofoi website).
All right, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of the Provider and its licensors. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Except as expressly provided herein, nothing in the Terms gives you a right to use the Provider name or any of the Provider trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Provider respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Our designated copyright agent for notice of alleged copyright infringement or other legal notices regarding Content appearing on the Service is:
Perceva Limited. Attn: Copyright Agent, Perceva Limited, 5 Fleet Place, London, EC4M 7RD, United Kingdom Email: firstname.lastname@example.org
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, the Provider will also terminate a user's account if the user is determined to be a repeat infringer.
Your access to and use of the Service or any Content is at your own risk. You understand and agree that the Service is provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, THE PROVIDER AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. The Provider will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service, or any Content. You also agree that the Provider has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
The Provider does not have an obligation to verify the identity of the persons subscribing to its services, nor does it have any obligation to monitor the use of its services by other users of the community; therefore the Provider disclaims all liability for identity theft or any other misuse of your identity or information.
No advice or information, whether oral or written, obtained from the Provider or through the Service, will create any warranty not expressly made herein.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PROVIDER AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE PROVIDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
These Terms and any action related hereto shall be governed by English law without regard to your country of residence, and the English Courts shall have exclusive jurisdiction in connection with all matters relating to these Terms of Service and the use of the Sofoi website.
The failure of Perceva Limited to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.