Effective Date: 2 February, 2015
1. Scope of Site; Modifications
This Site is operated for the purpose of publishing and disseminating scientific information regarding tobacco that comprise the Content. The Site is not operated for advertising or marketing purposes. The Content on this Site is not and should not be regarded as an offer to sell, or a solicitation of an offer to buy, any product of PM or its Affiliates. The Content on this Site is also not and should not be regarded as a promise, warranty, characterization or guarantee regarding any product of PM or its Affiliates.
Some parts of the site may refer to Reduced Risk Products (“RRPs”). Reduced Risk Products (“RRPs”) is the term we use to refer to products that present, are likely to present, or have the potential to present less risk of harm to smokers who switch to these products versus continuing smoking. PMI has a range of RRPs in various stages of development, scientific assessment and commercialization. Our RRPs are smoke-free products that produce an aerosol that contains far lower quantities of harmful and potentially harmful constituents than found in cigarette smoke. NO PART OF THE SITE, INCLUDING ANY PARTICULAR CONTENT, REPRESENTS, OR IS INTENDED TO REPRESENT, A CLAIM OF REDUCED EXPOSURE OR REDUCED RISK WITH RESECPT TO ANY RRP.
We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on this Site. You agree that it is your responsibility to monitor changes to the content of the Site, and that we shall not be liable to you or any third party should we exercise such right. You understand and agree that temporary interruptions of the availability of this Site may occur as normal events.
You are solely responsible for providing, at your own expense, all equipment necessary to use this Site. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site, and therefore, that delays and disruption of other network transmissions are completely beyond our control.
2. Conduct on Site
All comments are pre-moderated before publishing on the website. We aim to moderate comments as quickly to allow as much as possible a real-time conversation. If a comment or post is deemed to have broken any of the House Rules, or otherwise is deemed inappropriate, it will not be published and will be replaced with an explanation of why the post was not published. We also reserve the right to remove published comments.
As such, the following constitute our House Rules of regarding posting and commenting on the Site:
a. You agree not to upload, post or otherwise transmit via the Site 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 discusses 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 PMIScience or PMI 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.
b. You agree not to engage in activity that would constitute a criminal offence or give rise to a civil liability;
c. 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;
d. You agree not to impersonate any person or entity on the Site, including, but not limited to PM, its Affiliates or its Subcontractors, or an employee of any of the foregoing, or falsely state or otherwise misrepresent your affiliation with any person or entity.
Not all areas of the Site may be available to you or other authorized users of the Site. You may not interfere with anyone else’s use and enjoyment of the Site. Users who violate systems or network security may incur criminal or civil liability.
You acknowledge and agree that (i) we may at any time, and at our sole discretion block your use of the Site without prior notice to you for violating any of the above provisions; and (ii) we can and will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
3. Third Party Sites and Information
4. Intellectual Property Information
Unless otherwise indicated on any particular portion of the Site, this Site is subject to copyright protection. All rights reserved.
To cite to the Site you must use the following format (or such other format as may be published on the Site):
"As published on DD/MM/YYY on www.pmiscience.com "
PM, its Affiliates and Subcontractors do not warrant or represent that your use of materials (including the Content) displayed on, or obtained through, this Site will not infringe the rights of third parties. See “User’s Materials and Infringement” below for a description of the procedures to be followed in the event that any party believes that Content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
5. User’s Materials and Infringement
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
- identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
- a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the applicable law; and
- a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
Designated Agent for Receipt of Notifications of Claimed Infringement: Philip Morris Products, S.A., Law Department, Quai Jeanrenaud 5, 2000 Neuchatel, Switzerland.
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to applicable authorities under applicable law. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
6. Disclaimer of Warranties
ALL CONTENT AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (B) ANY RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CONTENT WILL BE EFFECTIVE, ACCURATE OR RELIABLE,. WE ASSUME NO RESPONSIBILITY FOR ANY THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT ON THIS SITE, AT ANY TIME. THE CONTENT ON THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT.
THE USE OF THE CONTENT OR THE DOWNLOADING OR OTHER ACQUISITION OF CONTENT OR ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES, CONTENT, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU.
7. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES, OR ANY OF OUR OR THEIR RESPECTIVE EMPLOYEES, SUBCONTRACTORS, DIRECTORS, SHAREHOLDERS, AGENTS OR REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon a request by us, you agree to defend, indemnify, and hold PM and its Affiliates, or any of our or their respective employees, directors, shareholders, agents, Subcontractors and representatives harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this Site. We, or our Affiliates or Subcontractors (should they be the sole indemnified party), reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
9. Termination of Use
10. Entire Agreement Amendments
12. Governing Law
13. Contact Information