Terms of Use
Version 1 (April 5th, 2018)
- Philip Morris Products S.A., Quai Jeanrenaud 3, 2000 Neuchatel (CHE 116.276.488) (PMP) owns and operates a website and database for the purpose of exchanging and publishing scientific studies, including data and results from such studies, and protocols and assays used in studies, under the URL www.intervals.science (Website). The aim of this website is to share protocols, software, data, and results from inhalation, in vitro, and clinical studies that assess compounds, mixtures, and test items that are relevant to tobacco harm reduction. By using the Website every Visitor and User (both as defined below) acknowledges these Terms of Use (Terms). If a Visitor or User does not agree with the Terms, he or she must not visit the Website any longer. The processing of the personal data is further described in the Privacy Policy (accessible at https://www.intervals.science/privacy-policy), which is hereby included into these Terms by reference.
- The use of the Website is at no charge. The Website is accessible without registration (Visitor) or with registration (User). Both Visitors and Users must be 18 years or older and legally capable. Some of the services and features offered on the Website will only be available to Users. Registration is only available for private individuals, not for legal entities, although individuals may register as Users on behalf of a legal entity. One must register as a User in accordance with the instructions on the Website to be allowed to up-load studies, protocols, and data (as further explained below). Visitors and Users can download the studies, protocols, and data. If you chose to become a User, you also consent to your data being processed in accordance with the Privacy Policy. PMP has at any time the right to deny or delete a Visitor or User without reasoning.
- As a User, you must keep your access credentials secret, and are responsible for any activities on the Website that occur with your access credentials. You must register with your real name and correctly identify yourself. With your registration, you become contractually bound by these Terms. PMP and Users can terminate this contract at any time by deleting your account.
- Only Users are permitted to upload Studies (i.e. a scientific study or research regarding a topic, including its data and results) and Protocols (i.e. an experimental plan or similar document (as may be further defined on the Website) related to a Study or a planned Study) on the Website. Only Studies and Protocols within the aim of the Website are permitted for an upload on the Website, subject to further technical limitations and restrictions imposed by PMP through the Website. The User can decide for each uploaded Study or Protocol to:
- keep it private (i.e. only the User itself can see it; this is the default setting);
- to make it accessible to other Users (but not Visitors);
- to make it public (i.e. every User and Visitor can see it and download it) upon acceptance of publication by a review board (the details of which will be described on the Website).
PMP (including through use of an editorial board as further described on the Web-site) has the right, but not the duty, to review every Study or Protocol before it will be made accessible to others on the Website. PMP has at any time the right to in part or in full deny or to delete a Study or Protocol from the Website at its discretion without reasoning or notification to the User. Users and Visitors may use a Study or Protocol and other information retrieved from the Website only for non-commercial purposes, includ-ing personal, academic, scientific and research purposes, but excluding commercial purposes such as product development or marketing, and excluding the distribution of the Study or Protocol to other parties on a commercial or systematic basis. Each Visitor and User shall abide to these restrictions. A User may at any time remove the Studies or Protocols it has uploaded to the Website if (i) the User has kept the Study or Protocol private; or (ii) the User has made the Study or Protocol available to others and the User provides a reasonable justification (as decided by the editorial board) for withdrawal of the Study or Protocol. Unless that User withdraws the Study or Protocol as described in the foregoing sentence, PMP may keep the Study or Protocol on the Website for as long as it deems fit, even following the deletion of the User's account.
- For each and any Study or Protocol being uploaded, the User represents, undertakes and warrants that (i) it has any and all rights to do so, it has in particular the right to permit PMP and any and all Visitors and Users to store, make available, retrieve and use the Study or Protocol as laid out in these Terms, and hereby grants PMP, Visitors and Users the non-exclusive, perpetual and royalty free right to do so, (ii) storing it, making it avail-able, accessing and using it as laid out in these Terms will neither infringe on any right of any third party nor any applicable law or regulation, and (iii) it shall meet or exceed accepted standards for research quality and data integrity. The User shall indemnify and hold harmless PMP, its affiliates, officers, employees and agents, Visitors and Users against any costs, losses and claims resulting from a real or alleged breach of the fore-going representations, undertakings and warranties of User.
- Users may provide comments and feedback on the Website and the content on the Website via the channels available on the Website (Comments). Users shall provide Comments in accordance with applicable law and in accordance with the following terms that are designed to ensure a reasonable and topical discussion (which may be referred to in other parts of the Website as the House Rules):
- You agree not to upload, post or otherwise transmit via the Website any content that:
- violates or infringes in any way upon the rights of others, including any statement which may defame, harass, stalk or threaten others;
- you know or believe is likely to be false, misleading or inaccurate, unless you identify explicitly that the content is false and do not misleadingly represent it to be true;
- contains expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
- contains or advocates pornography, sexually explicit content, violent behavior or violent images of killing, physical harm or physical abuse, that appear to have been captured or reproduced principally for exploitative, prurient or gratuitous purposes, or other content that would reasonably be considered to be offensive; violates any law or advocates or provides instruction on dangerous, illegal, or predatory acts, or discuss-es illegal activities with or without the intent to commit them or would be in breach of a legal duty;
- poses a reasonable threat to personal or public safety; is repeatedly offensive about individuals either connected with the Webiste or PMP or any other individual that would reasonably be considered as harassment;
- does not generally pertain to the designated topic or theme of the page or blog on which the content is posted;
- contains any unsolicited or unauthorized advertising or promotional materials with respect to products or services, “junk mail,” “spam”, “chain-letters,” “pyramid schemes,” or any other form of solicitation;
- discloses the name, address, telephone, mobile or fax number, e-mail address, social media identity of any individual, including yourself, without their consent; and
- infringes any intellectual property right of another person.
- You agree not to engage in activity that would constitute a criminal offence or give rise to a civil liability;
- You agree not to interfere with any individual’s right to privacy, including by harvesting or collecting personally-identifiable information about the site’s users, content providers, contributors or posting private information about a third party;
- You agree not to impersonate any person or entity on the Website, including, but not limited to PMP, its Affiliates or its helpers, or an employee of any of the foregoing, or falsely state or otherwise misrepresent your affiliation with any person or entity.
In addition, we may pre-moderate any Comments before publishing them on the Website to ensure compliance with applicable laws and the House Rules. We reserve the right to refrain from posting or to remove any Comment deemed to be inappropriate or in violation of applicable law or the House Rules. As much as possible we will try to briefly explain our reasoning for removing any Comment.
- Any content and marks other than a Comment, Study, or a Protocol on the Website are protected by copyright, trademark and other intellectual and industrial property rights of PMP and its partners, and all such rights remain reserved. These Terms do not result in any transfer of these rights.
- Any person using the Website does so at his or her own risk and costs. The Website and each Study or Protocol is provided on an "as is" basis. PMP does not provide any warranty whatsoever with regard to the Website and its content (including any and all Studies or Protocols), neither as to its availability, stability, accuracy, security, confidentiality, compliance with law, nor for the correctness, completeness and timeliness of the information accessible through the Website, nor as to its fitness for a particular purpose, the absence of errors and other deficiencies or the non-infringement of third party rights. PMP is not obliged to provide any maintenance or support for the Website; the resolution of errors and problems is voluntary and at PMP's discretion.
- The liability of PMP and its helpers for or in connection with the Website and its content (including any and all Studies or Protocols) is excluded to the maximum extent permitted by applicable law.
- PMP may discontinue, modify or alter any aspect of the Website, including, but not limited to, its availability, content and functionality, in its sole discretion and without prior notice or liability.
- If you do not comply with these Terms at any time, PMP reserves the right to suspend or deactivate your User account without prior notice or liability.
- PMP may at any time change these Terms in part or in full. Any such change shall be announced in an appropriate manner, for instance by way of e-mail. Continued usage of the Website or failure to object within 30 days to a change notified shall be deemed agreement and acceptance of such change.
- Any use of the Website shall be governed by and construed in accordance with the substantive laws of Switzerland. Any dispute arising out of or in connection with this agreement shall be submitted to the exclusive jurisdiction of the courts of the canton of Zurich, Switzerland.