Terms of service
The following Terms of Service ("TOS") govern the
provision of service to you. The TOS may be updated by us from time to
time without notice to you. In addition to the terms found at the preceding URL, when using particular
PhDFocus™ owned or operated services, you and PhDFocus™ shall be subject to any posted guidelines or rules
applicable to such services, which may be posted from time to time. All such guidelines or rules are
hereby incorporated by reference into the TOS. PhDFocus™ may also offer other services that are governed by
different Terms of Service. It should also be noted that PhDFocus™ is published from India and under an
India-issued ISSN. Since it is not feasible to accommodate visitors at the India office, all physical
inquiries are solicited at our US based office maintained by FCS.
- DESCRIPTION OF SERVICE
PhDFocus™ provides users
with access to a rich collection of resources, including various communications tools, document
processing tools and web publishing tools. You understand and agree that the Service may include
advertisements and that these advertisements are necessary for PhDFocus™ to provide the Service. You
also understand and agree that the Service may include certain communications from PhDFocus™, such as
service announcements, administrative messages and that these communications are considered part of
PhDFocus™ membership. As much as is reasonably practicable, we will try to make sure that you can opt out
of receiving messages: one example of a situation where we would write to you would be to announce a
planned interruption in your service. Unless explicitly stated otherwise, any new features that
augments or enhances the current Service, including the release of new PhDFocus™ properties, shall be
subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that PhDFocus™
assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user
communications or personalization settings. You are responsible for obtaining access to the Service,
and that access may involve third-party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment necessary to access
- YOUR OBLIGATIONS IN CREATING AN ACCOUNT
In consideration of your use of the Service, you
represent that you are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of your domicile country or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information about yourself as
prompted by the Service's registration forms (the "Registration Data") and (b) maintain and promptly
intimate the Editor to update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or PhDFocus™ has
reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete,
PhDFocus™ has the right to suspend or terminate your account and refuse any and all current or future use
of the Service (or any portion thereof).
Account Data and certain other information about you is subject to our
You understand that through your
this information, including the transfer of this information to the government for storage, processing
and use by PhDFocus™ and its affiliates.
- MEMBERS CONDUCT
You understand that all information, data, text, software, music, sound,
photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person from whom such Content
originated. This means that you, and not PhDFocus™, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service. PhDFocus™ does not control
the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality
of such Content. You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will PhDFocus™ 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 posted, emailed, transmitted or otherwise
made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, a PhDFocus™ official, forum
leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a
person or entity;
forge headers or otherwise manipulate identifiers in order to disguise the origin of
any Content transmitted through the Service;
upload, post, email, transmit or otherwise make available any Content that you do not have
a right to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or disclosed as
part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes any
patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any
upload, post, email, transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as shopping) that are
designated for such purpose;
upload, post, email, transmit or otherwise make available any material that contains
software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer software or hardware or telecommunications
interfere with or disrupt the Service or servers or networks connected to the Service, or
disobey any requirements, procedures, policies or regulations of networks connected to the
provide material support or resources (or to conceal or disguise the nature, location,
source, or ownership of material support or resources) to any organization(s) designated by
the governments as a foreign terrorist organization pursuant to section 219 of the Immigration
and Nationality Act;
"stalk" or otherwise harass another; and/or
collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in paragraphs above.
You acknowledge that PhDFocus™ may or may not pre-screen Content, but that PhDFocus™ and its designees shall have
the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content
that is available via the Service. Without limiting the foregoing, PhDFocus™ and its designees shall have the
right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must
evaluate, and bear all risks associated with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not
rely on any Content created by PhDFocus™ or submitted to PhDFocus™, including without limitation information in
PhDFocus™ Message Boards and in all other parts of the Service.
You acknowledge, consent and agree
that PhDFocus™ may access, preserve and disclose your Content if required to do so by law or in a good faith
belief that such access preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content
violates the rights of third parties;
(d) respond to your requests for customer service; or
(e) protect the rights, property or personal safety of PhDFocus™, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
You understand that the Service and software
embodied within the Service may include security components that permit digital materials to be protected,
and that use of these materials is subject to usage rules set by PhDFocus™ and/or content providers who
provide content to the Service. You may not attempt to override or circumvent any of the usage rules
embedded into the Service. Any unauthorized reproduction, publication, further distribution or public
exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
INTERSTATE NATURE OF COMMUNICATIONS ON PhDFocus™ NETWORK
When you register with PhDFocus™, you acknowledge
that in using PhDFocus™ services to send electronic communications (including but not limited to email,
search queries, uploading photos and files to PhDFocus™, and other Internet activities), you will be
causing communications to be sent through PhDFocus™'s computer networks, which are located in USA as of
this writing. As a result, and also as a result of PhDFocus™’s network architecture and business practices
and the nature of electronic communications, even communications that seem to be intrastate in nature
can result in the transmission of interstate communications regardless of where you are physically
located at the time of transmission. Accordingly, by agreeing to this Terms of Service, you acknowledge
that use of the service results in interstate data transmissions.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you
agree to comply with all local rules regarding online conduct and acceptable Content. Specifically,
you agree to comply with all applicable laws regarding the transmission of technical data exported
from the country in which you reside.
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
PhDFocus™ does not claim ownership of Content you submit or make available for inclusion on the Service.
However, with respect to Content you submit or make available for inclusion on publicly accessible
areas of the Service, you grant PhDFocus™ the worldwide, perpetual, royalty-free and non-exclusive
license(s) to use, distribute for use, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service.
You agree to indemnify and hold PhDFocus™ and its subsidiaries, affiliates, officers,
agents, employees, partners and licensors harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit
or otherwise make available through the Service, your use of the Service, your connection to the
Service, your violation of the TOS, or your violation of any rights of another.
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including your PhDFocus™ login
information), use of the Service, or access to the Service.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that PhDFocus™ may establish general
practices and limits concerning use of the Service, including without limitation the maximum number of
days that email messages, message board postings or other uploaded Content will be retained by the
Service, the maximum disk space that will be allotted on PhDFocus™'s servers on your behalf, and the maximum
number of times (and the maximum duration for which) you may access the Service in a given period of
time. You agree that PhDFocus™ has no responsibility or liability for the deletion or failure to store any
messages and other communications or other Content maintained or transmitted by the Service. You
further acknowledge that PhDFocus™ reserves the right to modify these general practices and limits from
time to time.
MODIFICATIONS TO SERVICE
PhDFocus™ reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that PhDFocus™ shall not be liable to you or to any third party for any modification, suspension
or discontinuance of the Service.
You agree that PhDFocus™ may, under certain circumstances and without prior notice,
immediately terminate your access to the Service. Cause for such termination shall include, but
not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements or
(b) requests by law enforcement or other government agencies,
(c) a request by you,
(d) discontinuance or material modification to the Service (or any part thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all
terminations for cause shall be made in PhDFocus™'s sole discretion and that PhDFocus™ shall not be liable to
you or any third party for any termination of your account, any associated email address, or access to
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the Service, including payment and delivery
of related goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such advertiser. You agree that PhDFocus™
shall not be responsible or liable for any loss or damage of any sort incurred as the result of
any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide
Web sites or resources. Because PhDFocus™ has no control over such sites and resources, you acknowledge
and agree that PhDFocus™ is not responsible for the availability of such external sites or resources, and
does not endorse and is not responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further acknowledge and agree that PhDFocus™
shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged
to be caused by or in connection with use of or reliance on any such Content, goods or services
available on or through any such site or resource.
PhDFocus™'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary and confidential information
that is protected by applicable intellectual property and other laws. You further acknowledge and
agree that Content contained in sponsor advertisements or information presented to you through the
Service or by advertisers is protected by copyrights, trademarks, service marks, patents or other
proprietary rights and laws. Except as expressly authorized by PhDFocus™ or advertisers, you agree not to
modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the
Software, in whole or in part.
PhDFocus™ grants you a personal, non-transferable and
non-exclusive right and license to use the object code of its Software on a single computer;
provided that you do not (and do not allow any third party to) copy, modify, create a derivative
work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Software. You agree neither to modify the Software in any manner or form, nor to use modified
versions of the Software, including (without limitation) for the purpose of obtaining unauthorized
access to the Service. You agree not to access the Service by any means other than through the
interface that is provided by PhDFocus™ for use in accessing the Service.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS. PhDFocus™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PhDFocus™ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO
WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; AND (v) ANY
THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PhDFocus™ OR THROUGH
OR FROM THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT
OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE
PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR
EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE: DIZZINESS, ALTERED
EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PhDFocus™ AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
PhDFocus™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY,
SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to use any
information or misinformation found in the course of your use of our Service, reread 18 and 19
again. They go doubly for you. In addition, for this type of information particularly, the phrase
"Let the investor beware" is apt. The Service is provided for informational purposes only, and no
Content included in the Service is intended for trading or investing purposes. PhDFocus™ and its licensors
shall not be responsible or liable for the accuracy, usefulness or availability of any information
transmitted or made available via the Service, and shall not be responsible or liable for any trading
or investment decisions based on such information.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
PhDFocus™ may provide you with notices, including those regarding changes to the TOS, by
email, regular mail or postings on the Service.
- TRADEMARK INFORMATION
PhDFocus™ trademarks include “PhDFocus™”, Selected Works, and other PhDFocus™ logos and product and
service names are trademarks of
PhDFocus™ (the "PhDFocus™ Marks"). Without PhDFocus™’s prior permission, you agree not to display or use in any
manner the PhDFocus™ Marks.
USERS OF PhDFocus™ SOFTWARE AND SERVICES AGREE THAT THEY WILL NOT VIOLATE ANY LAWS INCLUDING COPYRIGHT
LAWS IN THE COURSE OF USING PhDFocus™ SOFTWARE AND SERVICES AND THAT THEY ARE SOLELY RESPONSIBLE FOR NOT
UPLOADING FILES TO WHICH THEY DO NOT HAVE THE COPYRIGHT OR THE PERMISSION TO DO SO FROM THE COPYRIGHT
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
If you believe your copyright has been infringed by someone using an PhDFocus™ service or by PhDFocus™,
please report the same to firstname.lastname@example.org.
If you are seeking permission to use PhDFocus™ Content, trademarks, logos, service marks,
trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact at
Effective Date: Feb 25th, 2010.