Sci-Inspire Terms and Conditions Agreement
Last revised on January 30, 2015
Welcome to Sci-Inspire, a social networking service designed to facilitate science outreach partnerships between K-12 educators and higher education, operated by the Foundation for Biomedical Research ("501c3 Nonprofit Public Charity").
By accessing the Sci-Inspire website, (the "Website" located at https://www.sci-inspire.org) you agree to be bound by these Terms and Conditions (this "Agreement"), whether or not you register on the Website. If you wish to register and make use of the Sci-Inspire service (the "Service"), please read these Terms and Conditions. The term "Website" refers to using the Service by means of a computer or a mobile device.
1. Acceptance of Terms and Conditions Agreement.
b. By accessing the Website or using the Service, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein and consent to have this Agreement and all notices provided to you in electronic form. Please print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please Contact Us or send a letter and self-addressed stamped envelope with sufficient postage to: Foundation for Biomedical Research, 1100 Vermont Avenue, Suite 1100, Washington, DC 20005. This Agreement may be modified by the 501c3 Nonprofit Public Charity from time to time, such modifications to be effective upon posting by the 501c3 Nonprofit Public Charity on the Website.
c. By using the Service, you consent to receive this Agreement in electronic form by using the Service. To withdraw this consent, you must cease using the Service and terminate your account.
You must be affiliated with an educational institution to use this service. For the purposes of this Agreement, ‘Educational Institution’ is defined as a college, university, institution of higher education, primary school, secondary school, after-school program or summer camp, and ‘affiliated’ refers to a vocational relationship, such as being a student, staff member or faculty member with the institution. Any use of the Service is void where prohibited. By accessing and using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If you become a ‘Registered User’, you represent and warrant that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
3. Registered User Capabilities and Restrictions.
You may register an ‘Account’ as a ‘Registered User’ at no cost. As a Registered User, you may use some, but not all, of the features and services available within the Service. Depending on the ‘Role’ associated with your ‘Account’ – ‘Educator,’ ‘Volunteer,’ and ‘Site Coordinator’ are the major ‘Roles – you will be able to access only certain information, services, and features.
4. Term and Termination.
a. This Agreement will remain in full force and effect while you use the Service and/or are a Registered User.
b. You may change or cancel your Account at any time, for any reason, by following the instructions on the "My Account" page. You may also cancel your Account by sending the 501c3 Nonprofit Public Charity written notice of cancellation to Foundation for Biomedical Research, 1100 Vermont Avenue, Suite 1100, Washington, DC 20005.
c. The 501c3 Nonprofit Public Charity may terminate or suspend your Account at any time without notice if the 501c3 Nonprofit Public Charity believes that you have breached this Agreement. The 501c3 Nonprofit Public Charity is not required to disclose the reason for the termination or suspension of your account.
d. After your Account is terminated for any reason, all terms of this Agreement survive and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
5. Non-commercial Use by Users.
The Website and Service is for educational use only. ‘Registered Users’ may not use the Service in connection with any commercial endeavors, such as (i) advertising or soliciting other Users to buy or sell any products or services not offered by the 501c3 Nonprofit Public Charity or (ii) soliciting others to attend social functions for commercial purposes. Registered Users of the Website may not use any information obtained from the Service to contact, advertise to, solicit, or sell to any other user.
6. Account Security.
You are responsible for maintaining the confidentiality of the email address and password you designate during the registration process, and you are solely responsible for all activities that occur under your email address and password. You agree to immediately notify the 501c3 Nonprofit Public Charity of any disclosure or unauthorized use of your email address or password or any other breach of security, and ensure that you log out from your account at the end of each session.
7. Your Interactions with Other Users.
a. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER REGISTERED USERS. YOU UNDERSTAND THAT THE 501C3 NONPROFIT PUBLIC CHARITY CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE 501C3 NONPROFIT PUBLIC CHARITY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. THE 501C3 NONPROFIT PUBLIC CHARITY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. THE 501C3 NONPROFIT PUBLIC CHARITY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS, AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
b. The 501c3 Nonprofit Public Charity is not responsible for the conduct of any Registered User. As noted in and without limiting Sections 16 and 18 below, in no event shall the 501c3 Nonprofit Public Charity, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Registered Users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Registered Users, particularly if you decide to communicate off the Website or meet in person. You understand that the 501c3 Nonprofit Public Charity makes no guarantees, either expressed or implied, regarding your ultimate compatibility with individuals and/or institutions you encounter through the Service.
8. Proprietary Rights.
The 501c3 Nonprofit Public Charity owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the 501c3 Nonprofit Public Charity and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of the 501c3 Nonprofit Public Charity or, if such property is not owned by the 501c3 Nonprofit Public Charity, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
9. Content Posted by You on the Website.
a. You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Registered Users, including blog posts, science outreach requests, instant messages, photographs, or profile text, whether publicly posted or privately transmitted (collectively, "Content "). You may not post on the Website or as part of the Service, or transmit to the 501c3 Nonprofit Public Charity or any other Registered User (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
b. You understand and agree that the 501c3 Nonprofit Public Charity may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. The 501c3 Nonprofit Public Charity may delete any Content, in whole or in part, that in the sole judgment of the 501c3 Nonprofit Public Charity violates this Agreement or may harm the reputation of the Website or the 501c3 Nonprofit Public Charity.
c. By posting Content on the Website or as part of the Service, you automatically grant to the 501c3 Nonprofit Public Charity, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the 501c3 Nonprofit Public Charity will not infringe or violate the rights of any third party.
d. In addition to the types of Content described in Section 9(a) above, the following is a partial list of the kind of Content that is prohibited on the Website. You may not post, upload, display or otherwise make available Content that:
· that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
· advocates harassment or intimidation of another person;
· requests money from, or is intended to otherwise defraud, other users of the Website or Service;
· involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
· promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
· promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
· contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
· contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
· provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
· provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
· contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
· impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
· provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
· disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
· solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
· publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
The 501c3 Nonprofit Public Charity reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the Accounts of such violators.
e. Your use of the Website and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that the 501c3 Nonprofit Public Charity may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property or personal safety of the 501c3 Nonprofit Public Charity or any other person.
10. Prohibited Activities.
The 501c3 Nonprofit Public Charity reserves the right to investigate and/or terminate your Account if you have misused the Service or behaved in a way the 501c3 Nonprofit Public Charity regards as inappropriate or unlawful, including actions or communications the occur off the Website but involve Users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
· impersonate any person or entity.
· solicit money from any Users.
· post any Content that is prohibited by Section 9.
· "stalk" or otherwise harass any person.
· express or imply that any statements you make are endorsed by the 501c3 Nonprofit Public Charity without our specific prior written consent.
· ask or use Users to conceal the identity, source, or destination of any illegally gained money or products.
· use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
· collect usernames and/or email addresses of Registered Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
· interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
· 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.
· forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
· "frame" or "mirror" any part of the Service or the Website, without the 501c3 Nonprofit Public Charity's prior written authorization.
· use meta tags or code or other devices containing any reference to the 501c3 Nonprofit Public Charity, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of the 501c3 Nonprofit Public Charity) to direct any person to any other website for any purpose.
· modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
· post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
11. Modifications to Service.
The 501c3 Nonprofit Public Charity reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or the Service (or any part thereof) with or without notice. You agree that the 501c3 Nonprofit Public Charity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Website or the Service, the 501c3 Nonprofit Public Charity reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Website or Service.
12. Communications and Test Profiles.
. You acknowledge and agree that neither the 501c3 Nonprofit Public Charity nor its affiliates are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of (i) any incorrect or inaccurate Content posted on the Website or provided in connection with the Service, whether caused by Users or any of the equipment or programming associated with or utilized in the Website or Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings; (iii) the conduct, whether online or offline, of any Registered User; (iv) any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or Registered User communications; or (v) any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email, matching, or messaging on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users or to any other person's computer related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, THE 501C3 NONPROFIT PUBLIC CHARITY PROVIDES THE WEBSITE AND THE SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE 501C3 NONPROFIT PUBLIC CHARITY DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS ON THE WEBSITE OR IN THE SERVICE WILL BE CORRECTED.
a. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
b. From time to time, the 501c3 Nonprofit Public Charity may make third party opinions, advice, statements, or other third party information or content available on the Website and/or through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. THE 501C3 NONPROFIT PUBLIC CHARITY DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL THE 501C3 NONPROFIT PUBLIC CHARITY OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
The Website may contain, and the Service may provide links to other web sites or resources. You acknowledge and agree that the 501c3 Nonprofit Public Charity is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or 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 third party. You further acknowledge and agree that the 501c3 Nonprofit Public Charity 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
15. Limitation on Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL THE 501C3 NONPROFIT PUBLIC CHARITY, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE 501C3 NONPROFIT PUBLIC CHARITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Indemnity by You.
You agree to indemnify and hold the 501c3 Nonprofit Public Charity, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. The 501c3 Nonprofit Public Charity reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the 501c3 Nonprofit Public Charity in connection therewith.
17. Entire Agreement; Other.
This Agreement is subject to change by the 501c3 Nonprofit Public Charity at any time. The revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement.
Please Contact Us with any questions regarding this agreement. Sci-Inspire is a trademark of the Foundation for Biomedical Research