1. Acceptance of Terms
2. Purpose of the Site
The information on this site is intended for informational purposes only relating to Lilly’s initiative involving TB Commons and Clinical Open Innovation (“Initiative”). The purpose of this Initiative is to facilitate collaboration among scientists and researchers involved in the clinical development phase of drug development. The information and ideas posted on the site do not necessarily reflect the views of Lilly and in no event shall Lilly assume or have any responsibility or liability for any information or materials posted on this site or for any claims, damages or loses resulting from the use and/or appearance of such information or materials. Suggestions and feedback from Lilly with respect to any submission do not create any additional agreement or binding obligations on the part of the parties. Any agreement (outside the scope of these Terms) related to any submission or idea must be in writing and signed by you and an appropriate officer of Lilly. If you use the site in connection with the Initiative, you represent that your institution (which employs you or with whom you have a contractual relationship) has authorized you to participate in the Initiative and that you are complying with the policies and instructions of your institution at all times during your participation in the Initiative. You acknowledge and agree that you have the authority to bind your institution in connection with these Terms.
The information on the site is not intended in any way to be professional medical advice and should not be interpreted as treatment recommendations. Lilly does operate web sites which provide information about certain health conditions but this site is not one of those sites.
THIS SITE AND THE CONTENT ARE PROVIDED “AS IS”. LILLY, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. SPECIFICALLY, LILLY, ITS AFFILIATES, ITS LICENSORS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE CONTENT, SOFTWARE, TEXT, GRAPHICS, TOOLS, LINKS, OR COMMUNICATIONS PROVIDED ON OR THROUGH THE USE OF THE SITE, OR ANY SITE OR SITES “LINKED” TO THIS SITE. LILLY MAKES NO WARRANTY THAT THE SITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
In order to use the site, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. Your Registration Obligations
To obtain full access to the site, you will be required to complete a registration. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You accept responsibility for all activities that occur under your account or password and such use shall be deemed to be use by you. You will ensure that all use of your account fully complies with these Terms. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other security concern, and (b) ensure that you exit from your account at the end of each session. Transfer of the account by you to any other person or entity is prohibited. In connection with your registration, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (“Registration Data”) and (b) maintain and promptly 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 that Lilly has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, Lilly has the right to suspend or terminate your account and refuse any and all current or future use of the site (or any portion thereof).
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Lilly, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the site. Additionally, the Content is copyrighted or otherwise protected and owned by Lilly or a third party who licensed or granted to Lilly the right to use such material. However, all Content provided by Lilly or other third parties through this site is available for your use under a license under CC0 and your use and distribution will be subject to this license.
Content provided by end-users to the site that is unique and not subject to preexisting licensing shall be provided and licensed under Creative Commons Public Domain, or CC0. This means that the Content has been dedicated to the public domain and that the end-user has waived all copyright and other rights in the Content worldwide. Further, there are no restrictions or requirements on the use of the Content. Additional information about CC0 can be found at http://creativecommons.org/about/cc0. By registering in the site, you accept these Terms and that your contributed content is made available to the public with No Rights Reserved. Any Content (except Personal Information) will be treated as non-confidential and non-proprietary and may be used by Lilly or others for any purpose. All Content is given free of charge and no consideration will be given to you or anyone else.
By providing Content, you represent that: (1) the Content is original to you and that you are the only creator of the Content; (2) you hold all necessary rights to the Content or have permission from the copyright holder; (3) you have not transferred or licensed such rights (or any interest therein) to anyone else; and (4) to the best of your knowledge, the Content does not violate the intellectual property rights of any third party. You further represent and agree that submitting the Content does not violate any agreement or understanding you have with another party, including other organizations and former employers, or their policies and procedures that governed you. Please do not submit any Content unless you are certain that you can make these representations.
The Company does not control all of the Content posted via the site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the site, you may be exposed to Content that is objectionable. Under no circumstances will Lilly be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via the site. You acknowledge that Lilly does not pre-screen Content, but that Lilly and its designees shall have the right (but not the obligation) in its sole discretion to refuse, edit or move any Content that is available via the site. Lilly and its designees also shall have the right to remove or edit any Content that violates the Terms or is deemed by Lilly, in its sole discretion, to be otherwise objectionable. For example, material that may be removed is Content that is obscene or information unrelated to the stated purpose of the site.
You acknowledge and agree that the Company may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Lilly, its users and the public. You understand that the technical processing and transmission of the material on the site, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
7. Member Conduct
You agree to not use the site to:
- upload, post, email or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, or otherwise objectionable;
- use another’s account or impersonate any person or entity, including, but not limited to, a Lilly official, or falsely state or otherwise misrepresents 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 site;
- upload, post, email or otherwise transmit any content that you do not have a right to transmit 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);
- download any file posted by another user of the site that you know, or reasonably should know, cannot legally be distributed in such manner;
- upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of your employer or any other party;
- advertise or offer to sell or buy any goods or services for any business purpose, unless such area specifically allows such messages;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email or otherwise transmit 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 equipment;
- interfere with or disrupt the site or servers or networks connected to the site, or disobey any requirements, procedures, policies or regulations of networks connected to the site;
- remove, circumvent, disable, damage or otherwise interfere with any security-related features on the site;
- violate any code of conduct or other guidelines which may be applicable for any particular area of the site; or
- violate any applicable federal, state, local or international law, or applicable regulations.
8. No Unlawful or Prohibited Use
As a condition of your use of the site, you warrant to Lilly that you will not use the site for any purpose that is unlawful or prohibited by these terms, conditions, or notices. You may not use the site in any manner which could damage, disable, overburden, or impair the site or interfere with any other party’s use and enjoyment of the site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the site. You understand that using the site for an illegal purpose or to transmit content that is unlawful, harassing, libelous, invasive of another’s privacy, harmful, vulgar, obscene, or otherwise objectionable, may result in removal of content and/or termination of your participation.
You agree to indemnify and hold harmless Lilly, its subsidiaries and affiliates, officers, employees and agents from and against any claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees), resulting from or arising out of Content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the Terms, or your violation of any rights of another.
10. General Practices Regarding Use and Storage
You acknowledge that Lilly may establish general practices and limits concerning use of the site, including without limitation the maximum number of days that Content will be retained by the site, the maximum disk space that will be allotted on Lilly’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the site in a given period of time. You agree that Lilly has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through the site. You acknowledge that Lilly reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Lilly reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
11. Modifications to Services
Lilly reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site (or any part thereof) with or without notice. You agree that Lilly shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site.
You agree that Lilly, in its sole discretion, may terminate your password and your access to and use of the site, and remove and discard any Content within the site, for any reason, including, without limitation, for lack of use or if Lilly believes that you have violated or acted inconsistently with the Terms. You agree that any termination of your access to the site under any provision of this Terms may be effected without prior notice, and acknowledge and agree that Lilly may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site.
13. Hyperlinks from the Company Website
As a resource to you, the site may provide, or third parties may provide, links to other sites and resources on the Internet. Because Lilly has no control over such sites and resources, you acknowledge and agree that Lilly 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 Lilly 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 hyperlinked site or resource. Your use of third party sites is at your own risk and subject to the terms and conditions of use for such sites.
14. Trademarks/Service Marks
Unless otherwise indicated, all logos, names, designs, and marks on the site are trademarks or service marks owned or used under license by Lilly. The use or misuse of any of these marks or other information is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Lilly or any third party. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right under any Lilly copyright.
15. Use of the Site
Lilly is located in Indianapolis, Indiana, in the United States of America (USA). Lilly makes no representation that the content or materials on the site are appropriate or available for use in other locations. Access to the Content may not be legal by certain persons or in certain countries outside of the USA. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
16. Limitation of Liability
Your use of this site and information is at your own risk. Lilly will not be liable for any special, indirect, incidental, consequential or punitive damages or other damages whatsoever, whether in an action of contract, statute, tort (including, without limitation, negligence) or otherwise, relating to the use of this website or the information contained therein. Any claims arising in connection with your use of the site or any Content on the site must be brought within one (1) year of the date of the event giving rise to such action occurred. 17. Notice Notices to you may be made via your account, email or regular mail. Lilly may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you generally on the site.
18. General Information
The Terms constitute the entire agreement between you and Lilly and govern your use of the site, superseding any prior agreements between you and Lilly with respect to the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and the relationship between you and Lilly shall be governed by the laws of the State of Indiana without regard to its conflict of law provisions. You expressly agree that exclusive jurisdiction for any dispute with Lilly, or in any way relating to your use of this site, resides in the courts of the State of Indiana. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The section titles in the Terms are for convenience only and have no legal or contractual effect.
Please report any violations of the Terms to Lilly at email@example.com. With respect to any alleged copyright infringement claims with respect to Content posted on the site, please see our Copyright Infringement Notification page.
This is not the appropriate site to discuss or disclose information related to:
- Requests or conversations around opinions or information concerning Lilly products
- If you have questions or comments about a particular Lilly product, please call The Lilly Answer Center (TLAC) at 1-800-545-5979
- Comments concerning safety, product complaints or adverse events
- For Lilly products, please call The Lilly Answer Center (TLAC) at (800) LillyRx [800-545-5979].
- For other products, contact the United States Food & Drug Administration at http://www.fda.gov/Safety/ReportaProblem/default.htm or the product manufacturer.
Last Updated: October 5, 2011