IGERT.org (IGERT Resource Center) Terms of Service
"IGERT.org" is the web address for the interactive online service ("IGERT Resource Center") operated by TERC consisting of information services and content provided by TERC and other third parties. "Member" refers to each person who registers on IGERT.org, thereby establishing an online account affiliated with a funded IGERT project. Membership is granted only to people directly associated with an IGERT program.
(A) These Terms of Service ("Agreement"), which incorporates by reference other provisions applicable to use of the IGERT.org website, including, but not limited to, supplemental terms and conditions referred to and incorporated by reference herein, governing the use of certain specific material contained in the IGERT.org website, sets forth the terms and conditions that apply to use of the IGERT.org website by a Member. By using the IGERT.org website (other than to read this Agreement for the first time), a Member agrees to comply with all of the terms and conditions hereof. The right to use the IGERT.org website is personal to the Member and is not transferable to any other person or entity. The Member is responsible for all use of the Member's Account (under any screen name or password) and for ensuring that all use of Member's Account complies fully with the provisions of this Agreement. The Member shall be responsible for protecting the confidentiality of the Member's password(s).
(B) Upon agreement to these Terms of Service, a Member has opted in to the IGERT.org newsletter to which they are able to unsubscribe at any time using the provided "unsubscribe" link in these emails.
(C) The IGERT.org website shall have the right at any time to change or discontinue any aspect or feature of the IGERT.org website, including, but not limited to, content, hours of availability, and equipment needed for access or use.
3. Changed Terms
IGERT.org shall have the right at any time to change or modify the terms and conditions applicable to a Member's use of IGERT.org, or any part thereof, or to impose new conditions. Such changes, modifications, additions or deletions shall be effective immediately and will be posted on IGERT.org. Any use of IGERT.org by a Member after such notice shall be deemed to constitute acceptance by the Member of such changes, modifications or additions.
4. Member Conduct
(A) A Member shall use the IGERT.org website for lawful purposes only. A Member shall not post or transmit through the IGERT.org website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without IGERT.org website's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a Member that in the IGERT.org website's sole discretion restricts or inhibits any other Member from using or enjoying the IGERT.org website will not be permitted. Member shall not use the IGERT.org website to advertise or perform any commercial solicitation.
(B) The IGERT.org website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound. Except as expressly provided by the copyright holder and the terms of the applicable license, a user may not modify, publish, participate in the sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Except as expressly permitted in the applicable license, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The Member acknowledges that it does not acquire any ownership rights by downloading copyrighted material, except as otherwise stated in the applicable license.
(C) All contributions made by a Member to the IGERT.org website shall be subject to the terms and conditions of the Creative Commons Attribution Non-commercial No Derivatives license and this Agreement. This license is the most restrictive Creative Commons license, allowing redistribution. This license is often called the "free advertising" license because it allows others to download an author's work and share it with others as long as they mention the author and link back to the author, but they can't change it in any way or use them commercially. For more information this Creative Commons license, see http://creativecommons.org/licenses/by-nc-nd/3.0/.
Members shall not upload, post or otherwise make available on the IGERT.org website any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Member. The Member shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission, and hereby agrees to indemnify, defend and hold harmless IGERT.org for any and all claims, liabilities, damages and expenses arising from such infringement, including, but not limited to attorneys' fees.
5. Disclaimer of Warranty; Limitation of Liability
(A) The Member expressly agrees that use of the IGERT.org website is at the Member's sole risk. Neither IGERT.org, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the IGERT.org website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of the IGERT.org website, or as to the accuracy, reliability or content of any information provided the through IGERT.org website.
(B) The IGERT.org website is provided on an "as is" basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
(C) This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or under any other cause of action. The Member specifically acknowledges that IGERT.org is not liable for the defamatory, offensive or illegal conduct of other Members or third-parties and that risk of injury from the foregoing rests entirely with the Member.
(D) In no event will IGERT.org be liable for any damages, including without limitation, direct, indirect, incidental, special, consequential or punitive damages arising out of the use of or inability to use the IGERT.org website. The Member hereby acknowledges that the provisions of this section shall apply to all content on the IGERT.org website.
(E) In addition to the terms set forth above neither IGERT.org, nor its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or unauthenticity of, the information contained within the IGERT.org website, or for any delay or interruption in the transmission thereof to the Member, or for any claims or losses arising from or occasioned thereby. None of the foregoing parties shall be liable for any third party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages.
IGERT.org shall have the right, but not the obligation, to monitor the content of the IGERT.org website, including groups, to determine compliance with this Agreement, the EPA and any operating rules established by IGERT.org and to satisfy any law, regulation or authorized government request. IGERT.org shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on IGERT.org. Without limiting the foregoing, IGERT.org shall have the right to remove any material that IGERT.org, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
The Member agrees to defend, indemnify and hold harmless the IGERT.org website, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of IGERT.org by the Member or Member's Account.
Either the IGERT.org website or the Member may terminate this Agreement at any time. Without limiting the foregoing, the IGERT.org website shall have the right to immediately terminate the Member's Account in the event of any conduct by the Member which the IGERT.org website, in its sole discretion, considers to be unacceptable, or in the event of any breach by the Member of this Agreement. The provisions of Sections 4(B), 4(C), 5, 7 and this Section 8 shall survive termination of this Agreement.
10. IGERT Content
The IGERT.org website is created and facilitated by TERC, Inc. and the site is funded by the National Science Foundation. Content that appears on IGERT.org is posted by the IGERT community. Opinions expressed are those of the contributors and not necessarily those of the Foundation.
11. Copyrights and Copyright Agent
The IGERT.org website respects the rights of all copyright holders and in this regard, the IGERT.org website has adopted and implemented a policy that provides for the termination in appropriate circumstances of Members who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide IGERT.org the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
(A) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(B) Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(C) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(D) Information reasonably sufficient to permit us to contact the complaining party;
(E) 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, its agent, or the law; and
(F) 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 infringed.
For copyright inquiries under the Digital Millennium Copyright Act please contact: firstname.lastname@example.org