Terms Of Use

Date of Origin: 6 Feb 2007
Current Version: 1.3
Last Update: 2 January 2012.

1) These Terms of Use (the 'TOU') outline the conditions under which Physical World Database (also, PhysicalWorldDatabase.org, our, we, us), site administrators and affiliates provide service through the Internet product of PhysicalWorldDatabase.org and connecting data archive input sites and access search channel sites (collectively referred to as the 'Service').

2) Your use of the Service implies agreement and understanding of the content found in this TOU and acceptance that this agreement shall be governed in accordance with the laws of the United States of America and the State of Delaware to the extent possible. All disputes will be resolved in either the courts of the fore mentioned jurisdiction, the National Arbitration Forum or the American Arbitration Association as selected by Physical World Database. Your use of this Service must not violate any applicable laws or regulations that may apply to your participation or use of any activities described herein.

Description of Service
3) The Service provides users with one or more interface to search, submit, author and edit database files, also referred to as Content. Such Content may be stored indefinitely, unless otherwise noted, as a historical record and may be shared with other independent archives for the purpose of long-term data preservation.

4) The basic Service is made available free of charge for public, commercial, governmental, for-profit and non-profit use to those parties applying with Content or pending Content that is deemed educational, historical, genealogical or socially significant. Charges may apply for specific user needs, including but not limited to, custom archive input interface and proprietary access channels.

Declaration of Open Use Content
5) (a)Physical World Database does not claim ownership of any Content that you (user) may submit to the Service. By submitting Content to the Service database(s), you grant Physical World Database, site administrators, site users, our subsidiaries, affiliates, successors, and assigns a perpetual, irrevocable, worldwide, royalty-free, fully-paid, non-exclusive, license to use, copy, display, distribute, modify, adapt, publish, translate, publicly perform and publicly display such content (in whole or in part) and to incorporate the content into other works in any format or medium now or later known.

Disclaimer and Limitation of Liability
6) While Physical World Database strives to provide the best service of its kind, this database contains user created content and as such we make no warranty that: (a) The services will meet your requirements, (b)That the service will be uninterrupted, secure or error-free, (c) that content is accurate and correct, (d) the quality will meet any user or entity expectations, (e) errors will not be present, (f) the content will be complete, safe for use, timely, meet legal requirements or appropriate or suitable for any needs or service. In addition, such user created Content could be found to be harmful, untimely and or inaccurate. Under consideration of such potential, you agree to exercise caution and sound judgment in the interpretation of all data including its non-use for emergency purposes, operation of equipment, machinery, health diagnosis, treatment or any professional advice. You hereby accept the responsibility and risk involved in the use and interpretation of a user created database.

7) In no event shall Physical World Database, site administrators, partners, licensors, contributors, sponsors, or anyone else connected with the service be liable for any indirect, incidental, special or consequential damages or for any damages whatsoever, including loss of business, profit or personal injury, even if advised of the possibility of such damages relating to the use of the defined Service or content.

User Submissions
8) As a user of the Service, you may submit content that you have created or that you have permission to submit and that do not violate copyright, trademark, State or any other rights of third parties.

9) You may not submit Content that (a) contain falsehoods or misrepresentations; (b) are unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate; (c) disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code or programs; (d) collect or store personal information about others or otherwise invade their privacy; or (f) impersonate another person or forge headers or use any other method to disguise the true origin of Content. Additionally, you may not submit or initiate the creation of hardlinks by a machine or program.

10) You understand that the Service does not necessarily pre-screen Content submitted by users, but shall retain the right (but not the obligation) to refuse or remove any content that is submitted by any user that violates the TOU or is otherwise objectionable without notice.

11) Physical World Database reserves the right, to modify, suspend, or discontinue, temporarily or permanently, the services described herein (or any part thereof) with or without notice. You agree that Physical World Database, its administrators, successors or assigns shall not be liable to you or to any third party for any such modification, suspension or discontinuance of service.

12) All rights not expressly granted to you by this TOU are retained by Physical World Database.

13) Linking to the Service is welcome and encouraged with the following guidelines: A site that links to any Service (a) may link to but not replicate the Service; (b) should not create a browser or border environment around any Service's content, without specific written agreement; (c) should not imply that this Service is endorsing a product(s); (d) should not misrepresent its relationship with the Service; (e) should not present false information about this site or Service; (f) should not use any trademarks, trade names, or logos without permission; and (g) should not contain content that is reasonably considered profanity, defamatory, vulgar, or otherwise unlawful.

Site Access
14) You may not access the Services by any means other than through the interface(s) that is provided, furthermore, you may not use the Services in any manner that could damage, disable, overburden, or impair the Services, nor may you use the Services in any manner that could interfere with any other party's use and enjoyment of the Services. You are not permitted to retrieve and store in electronic or any other form any material part of the databases underlying the Services without express written consent.