General Terms and Conditions

1. These terms and conditions (“Rules”) apply to the Reaxys ChemSearch Challenge organized by Elsevier, Inc. and promoted on www.elsevier.com, www.chemistrysearcher.com and https://chemistrysearcher.elsevier.com/. By submitting your application to the ChemSearch Challenge, you agree to be bound by the Rules.

2. Elsevier, Inc. reserves the right to cancel or amend all or any part of the ChemSearch Challenge and/or the Rules without prior individual notice to the Entrants. Any changes to the Rules, or cancellation of the ChemSearch Challenge, will be posted on the websites previously mentioned. It is the responsibility of entrants to keep themselves informed as to any changes to the Rules. In case of cancellation of the ChemSearch Challenge the ChemSearch Challenge Entrants will be notified using the e-mail address on record.

3. For the purpose of this Rules Entry or Entries shall mean all information submitted for the Entrant via the ChemSearch Challenge website including name, current university or company, email, and other information as indicated on the ChemSearch Challenge website. Entrant shall mean the person registering for the ChemSearch Challenge. Closing Date shall mean the final receiving date and time on which the Entry must be received by 23.59 GMT-11 by Elsevier, Inc.

ChemSearch Challenge Entrants

4. By entering the ChemSearch Challenge, the Entrant warrants that all information submitted by him or her in his or her Entry is true, accurate and complete in every respect. Elsevier, Inc. reserves the right to verify any information contained in his or her Entry and/or his or her eligibility to enter the ChemSearch Challenge.

5. Entrants may be required to provide proof of identity.

6. All Entries must be made directly by the person entering the ChemSearch Challenge, using the ChemSearch Challenge websites mentioned above.

7. Elsevier, Inc. reserves the right in its absolute discretion to disqualify any entrant if it has reasonable grounds to believe that an entrant has breached any of the Rules, any applicable law or has otherwise infringed the intellectual property of any person. Each entrant acknowledges and agrees that any failure to comply with the Rules could lead to Elsevier, Inc. disqualifying that person, without Elsevier, Inc. giving any reason for such disqualification or granting any opportunity for challenge.

ChemSearch Challenge Entry Dates

8. Entries must be made by the Closing Date and in the manner set out in the Rules. Failure to do so will result in disqualification. The Closing Date will be published on [website or other].

9. Only one Entry per person is permitted. In the event that Elsevier, Inc. discovers or has reasonable grounds to believe that the same person has made multiple Entries, such person and any Entries made by them shall be disqualified and, if such Entrant has already been selected as a ChemSearch Challenge winner, an alternative ChemSearch Challenge winner will be selected in accordance with Rule 10.

ChemSearch Challenge Winners

10. ChemSearch Challenge winners will be selected based on the premise of the ChemSearch Challenge. Winners will be notified by email and posted online.

11.
No prize will be awarded if Entrant has not respected these terms and conditions, acted as described in Rule 7 above.

12. Prizes are non-transferable and there is no alternative award.

Liability

13. Elsevier, Inc. waives any liability for any damage, loss, injury (or disappointment of any kind) suffered by any entrant in entering the ChemSearch Challenge, including as a result of any entrant winning or not winning any prize.

14. Elsevier, Inc. waives any liability for Entries lost, damaged or delayed due to failure in transit.

15. Elsevier, Inc. or the ChemSearch Challenge Committee declines any responsibility if a submission is breaching any law or regulation.

Intellectual Property Rights and Data Protection

16. Reaxys (“Elsevier, Inc. IP”) are trademarks owned by Elsevier, Inc. Nothing in these Rules shall give any third party the right of ownership or use of Elsevier, Inc.’s IP.

17. Elsevier, Inc. will use any personal information that is provided with an Entry only for the purposes of the ChemSearch Challenge. Any personal information relating to Entrants will be used solely by Elsevier, Inc. in accordance with applicable data protection legislation.

18.
All ChemSearch Challenge winners unconditionally agree to: (a) the use and publishing of their (i) name, (ii) one or more photographs of themselves, (iii) the title of Entry submitted to the ChemSearch Challenge and (iv) disclosure of their university/institution or organisation and (b) cooperate with or participate in any other reasonable post-ChemSearch Challenge publicity.

19. Entrants may receive emails or other information from Elsevier, Inc. from time to time. Only the information on record of the ChemSearch Challenge will be used. If the recipient does no longer wish to receive such information and opt out Elsevier, Inc. shall be informed accordingly in writing.

Governing Law and Jurisdiction

20. In the event of any dispute regarding the Rules, the conduct or results of the ChemSearch Challenge, or any other matter relating to the ChemSearch Challenge, the decision of Elsevier, Inc. shall be final and no correspondence shall be entered into, comment issued, or reason given in respect of any decision made by Elsevier, Inc.

21. The Rules and any dispute or claim arising out of or in connection with them or their subject matter (including the ChemSearch Challenge), existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims) shall be governed by and construed in accordance with United States law with the exclusion of the conflict of laws rules.

22. The Courts at the registered business seat of Elsevier, Inc. shall have exclusive jurisdiction in relation to any dispute or claim arising out of or in connection with the Rules or their subject matter, existence, negotiation, validity, termination or enforceability (including non-contractual disputes or claims).

Copies of These Rules and Communication

23. A copy of these Rules may be obtained by sending a stamped addressed envelope to: Reaxys ChemSearch Challenge, Elsevier Inc. 360 Park Ave South, 7th floor New York, NY 10010, USA.

Elsevier Website Terms and Conditions

These terms and conditions (“Terms and Conditions”) apply to the use of the Elsevier corporate website located at http://www.elsevier.com and all other Elsevier websites that post a link to these Terms and Conditions (collectively, the "Site") by Elsevier group affiliates worldwide ("Elsevier," "we," "us" or "our"). Including www.chemistrysearcher.com; https://chemistrysearcher.elsevier.com/. By accessing or using the Site, you agree to be bound by these Terms and Conditions. These Terms and Conditions expressly incorporate by reference and include the Site's Privacy Policy (including our cookie policy) and any guidelines, rules, additional terms or disclaimers that may be posted and updated on the Site or on notices that are sent to you. If you do not agree with these Terms and Conditions, please do not use the Site.

Changes

Elsevier reserves the right to change, modify, add or remove portions of these Terms and Conditions in its sole discretion at any time and without prior notice. Please check these Terms and Conditions periodically for any modifications. Your continued use of the Site following the posting of any changes will mean that you have accepted and agreed to the changes.

Content and Limitations on Use

All content contained on or accessed from the Site, including text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, videos, images, applications, programs, computer code and other information (collectively, the "Content"), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by Elsevier or its licensors and is protected by copyright, trademark and other intellectual property and unfair competition laws. RELX Group and the RE symbol are trademarks of Elsevier, Inc. Properties SA, used under license.

You may print or download Content from the Site for your own personal, non-commercial, informational or scholarly use, provided that you keep intact all copyright and other proprietary notices.

You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or sell, rent or license all or any part of the Content, products or services obtained from the Site in any medium to anyone, except as otherwise expressly permitted under these Terms and Conditions, relevant license or subscription agreement or authorization by us.

You may not reverse engineer, disassemble, decompile or translate any software in the Content, or otherwise attempt to derive the source code of such software, except to the extent expressly permitted under applicable law, without our prior written permission. You may not engage in systematic retrieval of Content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission.

Unless expressly authorized by us, you may not use any robots, spiders, crawlers or other automated downloading programs, algorithms or devices, or any similar or equivalent manual process, to: (i) continuously and automatically search, scrape, extract, deep link or index any Content; (ii) harvest personal information from the Site for purposes of sending unsolicited or unauthorized material; or (iii) cause disruption to the working of the Site or any other person’s use of the Site. If the Site contains robot exclusion files or robot exclusion headers, you agree to honor them and not use any device, software or routine to bypass them. You may not attempt to gain unauthorized access to any portion or feature of the Site, any other systems or networks connected to the Site or to any Elsevier server, or any of the products or services provided on, accessed from or distributed through the Site. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site or breach the security or authentication measures on the Site or any network connected to the Site.

You may not use the Site to publish or distribute any information (including software or other content) which is illegal, which violates or infringes upon the rights of any other person, which is defamatory, abusive, hateful, profane, pornographic, threatening or vulgar, which contains errors, viruses or other harmful components, or which is otherwise actionable at law. Elsevier may at any time exercise editorial control over the Content of the Site.

You may not, without the approval of Elsevier, use the Site to publish or distribute any advertising, promotional material, or solicitation to other users of the Site to use any goods or services. For example (but without limitation), you may not use the Site to conduct any business, to solicit the performance of any activity that is prohibited by law, or to solicit other users to become subscribers of other information services. Similarly, you may not use the Site to download and redistribute public information or shareware for personal gain or distribute multiple copies of public domain information or shareware.

Rights and Permissions

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Material Provided to Us or Posted On or Through the Site

We do not claim ownership of any content, application or other material that you or third parties provide to us (including feedback and suggestions) or post, upload, input or submit on or through the Site, including our blog pages, message boards, chat rooms and forums, for review by the general public, registered users of the Site or by the members of any public or private community ("Submission") and we are not responsible for their content, accuracy or compliance with relevant laws or regulations. However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you grant us and sub-licensees a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to display, publish and otherwise use your Submission in any format in connection with the operation of our respective businesses (including, without limitation, the Site). We are under no obligation to display or otherwise use any Submission you may provide, and we may remove any Submission at any time in our sole discretion. By Posting a Submission, you also warrant and represent that you own or otherwise control all of the rights to your Submission including, without limitation, all the rights necessary for granting the permission specified above.

We shall have the right, but not the obligation, to monitor Submissions to determine compliance with these Terms and Conditions and any operating rules we establish and to satisfy any law, regulation or authorized government request. We shall have the right in our sole discretion to edit, refuse to post, or remove any Submission.

Notification of Infringement

Notifications regarding any alleged intellectual property infringement should be directed to the Elsevier Legal Department by email addressed to DMCA@elsevier.com.

Other Terms and Conditions

Additional terms and conditions may apply to purchases of goods or services, to specific portions or features of the Site, and to subscriptions or licenses with institutions with which you may be employed or affiliated. If there is a conflict between these Terms and Conditions and the terms that are posted for or applicable to a specific portion of the Site, for any service offered on or through the Site, or set forth in an institutional subscription or license agreement, the latter terms shall control with respect to your use of that portion of the Site, the specific service or the subscribed or licensed product.

Links

The Site may contain links to third-party sites or resources. Elsevier is not responsible for the availability of external sites or resources linked to the Site, 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. Transactions that occur between you and any third party are strictly between you and the third party and are not the responsibility of Elsevier. Because Elsevier is not responsible for the availability or accuracy of these outside resources or their contents, you should review the terms and conditions and privacy policies of these linked sites, as their policies may differ from ours.

Elsevier welcomes links to the Site. You may establish a hypertext link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by Elsevier. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Site, including but not limited to any logos, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another site any of the Content or other materials on the Site without prior written consent of Elsevier.

Systems Reliability

Elsevier aims to keep the Site available twenty-four (24) hours a day, seven (7) days a week and to maintain saved information. However, Elsevier shall not be liable for lost altered, or corrupted information or non-availability of the Site.

Disclaimer of Warranties and Liability

Neither Elsevier nor its suppliers or licensors makes any warranty whatsoever, including without limitation, that the operation of the Site will be uninterrupted or error-free; that any defects will be corrected; that the Site, including the server that makes it available, is free of viruses or other harmful components; or as to the accuracy, completeness, reliability, availability, suitability, quality, non-infringement, operation or result obtained from the use of any Content, product or service provided on, accessible from or distributed through the Site.

THE SITE AND ALL CONTENT, PRODUCTS AND SERVICES INCLUDED IN OR ACCESSIBLE FROM THE SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF TITLE AND NONINFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE), ALL OF WHICH ELSEVIER DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE OF THE SITE AND ITS CONTENT, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.

To the extent permitted under applicable law, no responsibility is assumed for any injury and/or damage to persons, animals or property as a matter of products liability, negligence or otherwise, or from any use or operation of any ideas, instructions, methods, products or procedures contained in the Site. Medical and health care providers should exercise their own independent clinical judgment. No suggested test or procedure should be carried out unless, in the provider's judgment, its use is justified. Because of rapid advances in the medical sciences, we recommend that the independent verification of diagnoses, indications and drug dosages should be made. Discussions, views, and recommendations as to medical or health care procedures, methods, products, choice of drugs, and drug dosages are the responsibility of the authors.

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Compliance

You agree to comply with all relevant local, state, national and international laws, statutes, ordinances and regulations that apply to your use of the Site and its Content, products and services. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

Governing Law and Venue

All matters relating to your access to or use of the Site, including all disputes, shall be governed by and construed in accordance with the laws of the State of New York, USA, without regard to its conflicts of law principles, except if you reside outside of the United States, then the laws of the country of the Elsevier regional office in the region where you reside. The exclusive jurisdiction and venue with respect to any action or suit arising out of or pertaining to the subject matter hereof shall be the courts of competent jurisdiction located in the State of New York, USA, except if you reside outside of the United States, then the courts located in the country of the Elsevier regional office in the region where you reside. Any claim arising out of or in connection with your use of or inability to use the Site or its Content, products or services must be brought within one (1) year after the event or such claim is barred.

Last revised: 26 August 2010

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