TERMS AND CONDITIONS OF USE
deScier is a decentralized science platform run by Max Ecosys Ltd, located at 1636 Paulista Avenue, Group 1504, São Paulo, Brazilian Company Number 44.935.990/0001-25.
We welcome all individuals and organizations, legal and natural persons, industries, research institutions, companies of all sizes, hospitals, DAOs, laboratories, groups, universities, scientists, inventors, students, postdocs, professors, scholars who create new ideas and technologies for the well-being of humanity.
All these entities look to the deScier Platform to produce solutions quickly and efficiently for the society.
The website descier.science and other applications that may be built (hereinafter just “Platform”), maintained and made available by deScier are intended for the intermediation of business, decentralized publications, publicity of projects and science ecosystem for different products and services, being available for access through the website https://descier.science and applications that come to be built (available for Android, iOS and other operating systems platforms) and also by landing pages, websites and hotsites that are part of this Platform.
We therefore recommend that the Terms and Principles be checked periodically by the User, to ensure that they are aware of any and all changes that may be made to this document, based on the date of update indicated at its end.
- CONDITIONS OF ACCESS AND USE OF THE PLATFORM
Geniuses have no age. However, please note, the User aged between 16 (sixteen) and 18 (eighteen) years old must have their access to the Platform assisted by their parents or legal representatives. Minors under the age of 16 may register, contribute, and use the Platform’s services, if legally emancipated. The use of the Platform by minors under 18 exempts the Platform from any verification of parental assistance or documentation that proves emancipation, also exempting the Platform from any legal responsibility for inaccuracy of data arising from the User. If you do not qualify or are an individual or organization that cannot respond legally for yourself, please do not use the site.
The User undertakes to provide the Platform, at the time of registration or when requested, strictly true and complete data and information, even if it is done through Avatars. In this way, the User guarantees the authenticity of all data provided, being solely and exclusively responsible in civil and criminal terms for any damages and/or losses that may be caused to deScier or to third parties, resulting from the provision of inaccurate or untrue information.
The User, upon accepting the present Term, must keep the information provided updated, to reflect the real data of the User.
If the User accepts the Terms, deScier may, at its sole discretion, use all valid and possible means to confirm the identity and age of the User, as well as request additional data and documents that it deems relevant to confirm the personal data informed, not having, however, any obligation in that regard.
deScier will not take any action to identify Users who prefer to remain incognito, whether they are natural or legal persons and who register using Avatars with emails created specifically for interaction with deScier. We understand that there are industry secrets, projects that Users would not like the competition to know they are working on, conflicts of interest which are not justifications for important problems not to be resolved and given efficiently and quickly to Society. The Platform, however, values trust among its Users and, considering Users’ comments and evaluations, can take actions to protect the deScier Community and seek to identify Users who misuse the Platform, with measures for this protection from the withdrawal of registrations, the banning of Internet Protocol-IP addresses and the legal accountability of abuses.
- WHAT IS THE DESCIER PLATFORM
Our website is dedicated to providing a service (“Service (s)”) through which individuals or legal entities of any nature from various sectors, whether technical, scientific in all areas, space, medicine, biotechnology from various industries, engineering, logistical, manufacturing or mathematicians who seek the many solutions it provides. By using the Platform, you acknowledge that deScier has no control over the nature, quality, legality or data sent to the Platform. You agree that deScier is a neutral ecosystem for promoting decentralized science.
At deScier we want your navigation to be pleasant and we will strive to keep publications up to date as possible, whenever the Editorial Body authorizes their publication. However, we do not guarantee that publications or content on the Platform are always up to date.
To be part of deScier you must onboard on our Community. As part of the registration process, you will be asked to select a password and login name on that platform. You can remain incognito and register using an Avatar and email created specifically for interaction with the deScier Platform (see item 2). If , however, you choose, consent and agree, your registration information must represent your professional affiliation, experience, qualifications and ability to conduct business and solve Tasks. This will set you apart from others, but that’s up to you. You may not use another person’s login name . You may not disclose or share your password with any third party or use your password for any unauthorized purposes. You agree to notify deScier through the email firstname.lastname@example.org any unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or login information. Remember, you are responsible for maintaining the confidentiality of your password(s). You can cancel your registration at any time by contacting email@example.com By agreeing to take part in it, you must agree to the additional terms and conditions set out in and Specific Agreements for a given, if existing.
- THIRD PARTY INFORMATION AND POSTING
deScier does not guarantee the accuracy of what is posted by third parties on the Platform or the ownership of any information. While deScier believes that this information is posted in good faith, deScier does not control the information provided by others that is made available on the Platform. User information may be in good faith but still inaccurate. If you have a dispute with another User of the Services, you release deScier from all liability in theoretical, technical, legal, ethical, moral, civil, criminal or claims of any order or type arising out of such dispute. deScier Support will, however, listen to your claim carefully and try to resolve it amicably, arbitrating the dispute or conflict within the space of trust between Users on the Platform.
- INFORMATION AND PUBLICATIONS
You may have the opportunity to communicate with other Users. Any information you provide to deScier or other Users during your registration or use of the deScier Services, in any public message area, through any mail facility, or otherwise generated from your use of the Services, is subject to Following:
- Content: You are solely responsible for the content of your information, publications or proposed solutions. deScier merely acts as an intermediary channel for the distribution and/or publication of this information. deScier reserves, however, the right to take measures it deems necessary or appropriate, at its sole discretion, with respect to information deemed inappropriate for the Platform or the Services, which may generate liability of any nature, cause harm or harm to image to deScier in whole or in part, to the services of your Internet service provider, Advertisers, other Users or suppliers. You agree that the information you send will be accurate and, to the best of your knowledge: (a) will not infringe copyrights, trademarks, patents or other intellectual property rights, rights of publicity and rights of any nature, or privacy of others, (b) will not violate any law (including without limitation, those regulating import and export control, consumer protection, unfair competition, anti-discrimination policies or misleading advertising), or (c) are libelous, unethical or harassing, or otherwise unlawful. You may be required to provide legal guarantees to deScier with respect to data that you submit.
- Privacy: deScier will only use your information in accordance with its Privacy Principles as published in the Privacy document. See if you agree and consent.
- Intellectual Property: If you submit an article, or data of and kind, you agree that you are the owner of the data submitted and that you are legally free to disclose and convey the intellectual property rights offered, if you so choose of your interest. You also agree that your submission is subject to additional terms and conditions in any Specific Agreement.
Payments will be handled in accordance with the terms set forth in the deScier Payment Gateway and/or Dework, whichever is applicable. Conditions to qualify for a particular payment will be those set out on the Platform in connection with the specific service.
- DESCIER OWNERSHIP AND LIMITED LICENSE TO USE THE PLATFORM
- deScier will retain all ownership of the Platform and all content generated by it displayed on the Platform. deScier grants you a non-exclusive, revocable right to use the Platform, provided that you (i) do not copy, modify, create a derivative work of, reverse engineer, assemble or attempt to discover any source code, ( ii ) do not modify or attempt to modify the Platform in any way or form. The license granted to you by deScier is a limited license to access and make personal use of this Platform and not to download (other than page cache) or modify it, or any part thereof, except with the express written consent of deScier. This license does not include any copying or distribution, resale or commercial use of the Platform or its content; any collection and use of any listings, descriptions or payments; any derivative use of the Platform or its content; any downloading or copying of information for the use or benefit of another; or any use of data mining, robots or similar data gathering and extraction tools. This Platform or any part of this site may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without the express written consent of deScier. You may not link or utilize framing linking techniques to enclose any deScier trademark, logo, or other proprietary information (including descriptions, images, text, page layout or form) without deScier’s express written consent. You may not use any meta tags or any other “hidden text” utilizing deScier’s name or trademarks without deScier’s express written consent. Any unauthorized use terminates the permission or license granted by deScier. You are granted a limited, revocable, non-exclusive right to create a hyperlink to the homepage of descier.science provided the link does not portray deScier, or its products or services, in a false, misleading or offensive manner. You may not use any deScier logo or other graphic or trademark as part of the link without express written permission.
- PROPER USE OF THE PLATFORM AND NON-HACKING
- You agree not to use any device, software or process to interfere with the proper functioning of the Platform or which is intended to damage, interfere with, intercept or surreptitiously expropriate any system, data or personal information. You agree not to take any action (including but not limited to spamming) that places an extra load on our infrastructure. You agree not to take any actions that could impair the integrity of our system or the Services, such as: leaving comments or ratings for yourself; use the Platform in violation of local, state, national or international law; upload files or content that contains material that violates the intellectual property and data privacy rights of others. You are solely responsible for complying with all applicable laws and regulations regarding your use of the Services and the transfer of technologies or information with which you are involved, including, but not limited to, import/export requirements, and deScier expressly disclaims any liability for these items.
- By accepting these Terms, the User declares: (i) to be considered criminally liable and civilly capable under the law; ( ii ) be aware that you may not use the Platform for any purposes other than those provided for in these Terms; ( iii ) be aware that it will not be able to make available any content that is illegal or contrary to morals and good customs, or capable of violating the rights of third parties; ( iv ) be aware that you must not insert any material that incorporates viruses or other harmful elements in the Platform, or that harms deScier’s and/or third parties’ systems; (v) that you will use the Platform only for lawful purposes, recognizing that you are solely and exclusively responsible for the use you attribute to the Platform, exempting deScier from any liability for any damage or loss arising therefrom; and (vi) be solely responsible for verifying the characteristics and criteria of the tasks before entering them, in order to make sure that they meet your interests.
- The User acknowledges that all content and materials presented through the Platform, such as texts, illustrations, graphics, logos, button icons, images, photographs, audio clips, digital downloads, data and software compilations , videos, applications, databases, data, texts, documents, networks, files, and any other authorial and intellectual creations, are the exclusive property of deScier, or of third parties that allowed their use on the Platform, being protected by copyright laws and treaties laws, including by the Brazilian Laws 9609/98, 9610/98 and 9279/96, so that its copy, reproduction, or any other form of use will subject the violators to the corresponding civil and criminal sanctions. All software used on this site is either free or owned by deScier, or its software suppliers and protected by international copyright laws.
- The User is also aware that all brands, trade names or logos of any kind made available on the Platform are the property of deScier, or of third parties who have recognized and allowed their use, without the use of the Platform and/or eventual registration on the Platform may mean authorization for the User to cite or use such brands, trade names and logos.
- DISCLAIMERS OF LIABILITY
By accepting this Term, the User declares that he is aware that deScier is not responsible for: (i) eventual unavailability, failures or errors of the Platform, as well as for any defrauding of the usefulness that may be attributed to it by the User, by the fallibility of the Platform, or any difficulty in accessing it; (ii) for any errors or inconsistencies in data transmission or the quality or availability of the Internet signal; (iii) the existence of viruses or other harmful elements on the Platform, which exist without the knowledge of the Platform, capable of altering computer systems (software and hardware) or electronic documents stored in the User’s computer system; (iv) for any incomplete, inaccurate or outdated information made available on the Platform, as well as for failures and errors arising from services provided by third parties, such as payment institutions or services, or delivery times for Users; (v) for damages of all kinds that may arise from the knowledge that unauthorized third parties may have of any data available on the Platform, as a result of faults exclusively attributable to the User or third parties, which escape the strict security controls applied by the deScier; and (vi) for any inadequate descriptions of Products, Services and Solutions made available by Users, which have an illustrative and guiding nature and which are the sole and exclusive responsibility of Users.
By using the Platform and accepting these Terms, the User acknowledges that their access credentials to the Platform are their sole and exclusive responsibility and should not be shared with third parties. In this way, the User is exclusively responsible for closing contracts, accessing data, projects, confidential data and materials, or improper access made through their credentials, resulting, including, from any inappropriate or negligent use of these.
- By accepting this Term, the User declares that he is aware that deScier has no responsibility for links that may be inserted by third parties on the Platform, as well as for other content that may be presented by third parties, including comments, since deScier does not pre-censor content. deScier’s inclusion of links does not imply any endorsement of the material on such sites or any association with their operators. These links are provided for reference only and deScier does not control such sites and is not responsible for their content.
- deScier may, at its sole discretion, without having any obligation to do so, remove any content inserted by the User that it deems to be contrary to the provisions of these Terms or legislations, without any form of compensation being due for this.
- EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE DESCIER SERVICES ARE PROVIDED “AS IS”. DESCIER DOES NOT GIVE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPOSED ARTICLES, SINCE IT ATTENDS EXCLUSIVELY AS AN ECOSYSTEM.
- deScier has no control over, and is not responsible for, the acts or omissions of Users or the quality or legality of their articles. deScier does not guarantee the accuracy or completeness of any deScier article, nor does it endorse any article.
- DESCIER SHALL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, EXPENSES OR OTHER COSTS (INCLUDING, BUT NOT LIMITED TO, LEGAL AND/OR ATTORNEY FEES) THAT YOU, THE USER, MAY INCUR AS A RESULT OF THIRD-PARTY CLAIMS IN CONNECTION WITH THE USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL DESCIER BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES HOWEVER CAUSED. You agree that you will be responsible, and will defend deScier if required, from third party claims arising from information you provide to deScier for publication, or any breach of this agreement initiated by you.
- You agree that, regardless of any law or law to the contrary, any claim or cause of action arising out of or relating to the use of this Service must be filed within one (1) year after such claim or cause of action accrues, or such claim will lapse.
- BIOSECURITY AND USE OF PERSONAL PROTECTION EQUIPMENT
- For some projects published in the Platform, there may be a need to use laboratory equipment, chemical or biological reactions or the use of chemicals that can be infectious, mutagenic, toxic, radioactive, carcinogenic or cause harm health in any way. You assure us that you have all professional records, certifications and authorizations to handle these, including but not limited to your employer’s consent where applicable. Any damage to you and any other human individual or other animal species that are exposed to these products during the elaboration and creation of the solutions proposed by you, and the results you want to publish, occurs under your responsibility, at your own expense and risk and obtaining official authorization by Committees of Ethics, when necessary, is your sole responsibility.
- CONFIDENTIALITY AND LEGAL LIABILITY IN CASE OF BREACH OF CONTRACT
- You agree not to disclose to deScier or its affiliates, or to any User, any information which you are under an existing legal or contractual obligation to keep confidential or otherwise have no right to sell or license. You agree that you will not discuss any of your own, other parties’ or other Users’ confidential information relating to any deScier publications unless you are specifically working within the confines of your Project via the Platform. All information within Projects will be considered “confidential information” in these Terms and more specifically for the purposes of this Section.
- You agree that you will not present any content or material to Third Parties in a manner that could be construed as conveying deScier’s sponsorship, endorsement, option or representation or warranty. This agreement shall not benefit from Third Parties, other than certain Users, in accordance with the terms of Specific Agreements.
- In the event that your participation in the platform violates any legal obligations you may have to third parties or, in the event of a breach of confidentiality obligations, you agree to defend, indemnify and hold harmless deScier and other Users, their respective leaders, officers, directors, employees, agents, licensors and suppliers, from and against all claims, actions or demands, liabilities and settlements, including, without limitation, legal and accounting fees, arising out of such prohibited and unauthorized disclosure.
- COMMUNICATION WITH DESCIER
- All communications by the User to deScier will be considered valid when directed to its official communication channels, such as Chat (when available) or by email firstname.lastname@example.org
- All communications from deScier to the User will be considered valid and effective when carried out through any contact information provided by the User when registering on the Platform.
- TERMINATION OF ACCESS
- Access to the Platform is available to the User for an indefinite period, and deScier may discontinue the Platform at any time, provided that the deliveries and obligations contracted are respected, regardless of prior notice, and no type of compensation is due to the User as a result.
- FINAL PROVISIONS
- This Agreement will be construed in accordance with the Brazilian and international laws and regulatory bodies.
- This Agreement is binding and will be effective for the benefit of the legal representatives, successors and assignees of the Parties. This Agreement (and the terms and policies referenced herein and incorporated by reference) constitutes the entire agreement between deScier and you with respect to the matter herein, and you have not relied on any promises or representations by deScier with respect to the matter, except as set forth herein. You may not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law.
- This legal relationship is governed by the Brazilian law and regulatory bodies. Any clause or condition of these Terms that, for whatever reason, may be deemed null or ineffective by any court or tribunal, will not affect the validity of the other provisions of these Terms, which will remain fully valid and binding, generating effects to their fullest extent. deScier’s failure to enforce any rights or provisions of these Terms will not constitute a waiver, and deScier may regularly exercise its right, within legal terms. The Forum of São Paulo, Brazil is elected to resolve any doubts, questions or disputes arising from these Terms, waiving the parties to any other, however privileged it may be.