Terms of Use

This page (together with the documents referred to on it) tells you the terms of use ("the Terms") on which you ("you" or "the user") may make use of the University of Massachusetts' ("our," "we" or "us") website at www.ScienceToGo.org ("the Website"). Please read these Terms carefully before you start to use the Website. You may only use the Website (and the services provided through the Website) if you agree to these Terms. Your use of the Website indicates your acceptance of these Terms.

The Website is designed for research purposes and for your convenience. Images produced by us may be used as data solely for research purposes and included in research studies and investigations by us. If you have any comments or problems and any questions regarding the Website and/or products and services featured on the Website, or should you have experienced technical problems while using the Website please contact us.

The Website provides access to a number of services provided by us that may only be used in accordance with these Terms. The services include, but are not necessarily limited to the ability to upload digital images to the Website.

Only persons aged 18 years or over may access the Website and use the services offered by us.

Uploaded content and images

You may upload digital images to the Website. Although we prohibit the uploading of certain types of image to the Website, we cannot control, nor do we monitor the use of the Website. It is possible that images or other material may appear on the Website which are unlawful or offensive and contravene our restrictions on content set out above. We are not responsible for such images or material but if you become aware of any such images or material on the Website please contact us without delay.

We may at our discretion contact law enforcement authorities if we are made aware that anything unlawful is occurring or has occurred in relation to the Website including the uploading or emailing of any images in breach of the above restrictions on content. We may provide copies of any relevant images or material to the law enforcement authorities and in that connection may also give them access to any personal data that is held by us.

We may without notice and at our sole discretion delete or remove any image that has been uploaded, emailed or submitted for printing in breach of these Terms.

We may refuse to provide any services to anyone who breaches these Terms.

You agree to indemnify us and our officers and employees against any action, claim, damages, liability, costs and expenses arising out of:

• any use by you of the Website in breach of these Terms,
• any claim that the uploading or emailing of any images by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights; or
• any claim that the processing, printing or other dealing by us of any images uploaded or emailed by you or on your behalf is an infringement of any third party's copyright, trade mark or other intellectual property rights.

Copyright Notice

All original content on the Website, including the web design, software, graphics and user interface, as well as derivative works of any uploaded images ("Derivative Works") is the intellectual property of the University of Massachusetts. You may view, copy, print and use content contained on the Website solely for your own personal use and provided that: (1) the content available from the Website is used for non-commercial educational purposes only; (2) no text, graphics or other content available from the Website is modified in any way; and (3) no graphics available from the Website are used, copied or distributed separate from accompanying text. Third party content on the Website is used by us under the fair use doctrine, with permission, or is in the public domain. In those cases attribution is made. Requests for permission for uses of third party content should be directed to the copyright holder.

Availability

The Website may contain links to other websites. We are not responsible for the availability, content or privacy policies of these external sites, nor does the Website endorse, warrant or guarantee the content offered at those sites.

No Opinions; No Endorsements

The Website is supported and funded in part by the National Science Foundation. Any opinions, findings, and conclusions or recommendations expressed on the Website are those of the authors and do not necessarily reflect the views of the National Science Foundation. None of the Website, the University of Massachusetts, the Massachusetts Bay Transportation Authority, Hofstra University or the Museum of Science endorses or recommends any commercial products, processes or services.

Acceptable Use

You agree to use the Website in a manner that is both legal and ethical. You may not use the Website to post, transmit, or otherwise distribute unlawful material, including but not limited to unauthorized copyrighted material, defamatory statements or threats.

You may access any part of the Website provided that it is not password protected. Access to some parts of the Website is only available if you have a valid password. You may not access these areas without a valid password.

Unacceptable Use

You are not allowed to use the Website (or to copy or use any material from the Website) for any commercial purpose other than to conduct a commercial transaction with us unless you have our permission. Such forbidden commercial transactions include allowing access to your photo album in return for payment or for any other commercial purpose.

You are not allowed to remove any copyright, trademark or other intellectual property notices contained in material on the Website from any copies or printed items taken of material from the Website.

You are not allowed to upload or order printed items which contain or use any images or other material including text based annotations and comments, which contain any of the following:

• material which is defamatory of any person;
• material which is pornographic, obscene, indecent or offensive;
• material which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• material that is likely to incite hatred or violence against any person or group;
• material that is likely to deceive any person;
• blasphemous material;
• material which concerns or relates to any criminal act;
• material the use or inclusion of which infringes any copyright, trademark, database or other intellectual property right of any third party;
• material made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; material which promotes any illegal activity;
• material which is threatening, abusive or invades another's privacy, causes annoyance, inconvenience or needless anxiety;
• material which is likely to harass, upset, embarrass, alarm or annoy any other person;
• material used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• material which gives the impression that it emanates from us, if this is not the case;
• material that advocates, promotes or assists any unlawful act such as (by way of example only) copyright infringement or computer misuse; or
• material that breaches any applicable laws or legislation.

You are not allowed to:

• create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from this Website except where expressly permitted on the Website;
• disseminate advertisements or for any other commercial purposes (which would include using the Website to promote or encourage the sale of your goods/services);
• transmit or re-circulate any material obtained from this Website to any third party except where expressly permitted on this Website;
• disseminate any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
• disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• use the Website in any way that might infringe third party privacy or other rights, is unlawful or that might bring us into disrepute; or
• post link(s) that take users to material that contravenes any of the above restrictions.

We may assign or transfer any of our rights or sub contract any of our obligations under these Terms to any third party. You may not assign or transfer any of your rights or sub contract any of your obligations under these Terms except with our specific permission in writing.

Limits of Liability

THE WEBSITE AND THE UNIVERSITY OF MASSACHUSETTS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT WITH RESPECT TO THIS WEBSITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.

IN NO EVENT WILL THE WEBSITE OR THE UNIVERSITY OF MASSACHUSETTS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Privacy Policy

The Website and the University of Massachusetts are committed to preserving and maintaining the privacy of visitors to the Website. Any personal information obtained during any registration process is used to support your use of the Website only. Usage statistics are collected for reporting purposes. No personally identifiably information is provided to any third party except as required by law or to enforce these terms of use. We do not rent or sell your information to third parties.

Any personal information submitted to any public area of the Website is available to all other users of the Website and are not subject to this privacy policy.

Modifications

We may change, modify or revise these Terms at any time by amending this page. The changes made to the Terms will come into effect as soon as they are posted on the Website and your use of the Website (or of any services provided through the Website) will be subject to the amended Terms. You are expected to check this page from time to time to take notice of any changes we may have made, as they are binding on you. By continuing to use the Website you will be deemed to accept such variations of these Terms. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.

Rights

You retain all intellectual property rights, including copyright, in those images that you have uploaded to the Website where you already own such rights. We are the owner (or the licensee) of all intellectual property rights in the Website.

You warrant that you have the right to copy, upload or otherwise deal with those images in relation to the Website and to allow us to process and otherwise deal with those images in accordance with these Terms.

You may not upload, request us to print, or otherwise deal with, in relation to the Website, any images or other material where you do not have the right to do so or allow us to use such images or other material if such use would infringe any existing third party intellectual property or contractual rights. For example, you may not take photos from another website or other publication and do anything with them unless you have obtained the permission from the owner of the relevant right.

You acknowledge and agree that the Website and any related software used in connection with ScienceToGo.org contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website or the software of ScienceToGo.org, in part or in whole.

Operation of the Website

We may change the format and content of the Website (or any products or services offered by the Website) at any time.

We may terminate or suspend the operation of the Website (or terminate or suspend provision of any products or services offered through the Website) for support or maintenance work, in order to update the content or for any other reason. We may do this at any time and without notice.

You are advised to keep backups of all material provided to us. In particular, it is up to you to keep backup copies of images uploaded by you or emailed to us. We will not be responsible for keeping backups or for the loss of, deletion or corruption of any images or any other material uploaded onto the Website.

Because public networks, such as the internet, occasionally experience disruptions, we cannot guarantee the Website will be available at all times. Although we strive to provide the most reliable website possible, interruptions and delays in accessing the Website are unavoidable and we disclaim any liability for damages resulting from such problems.

Information on the Website may contain technical inaccuracies or typographical errors. We attempt to make its descriptions as accurate as possible, but we do not warrant that the content of the Website is accurate, complete, reliable, current, or error-free.

Linking to the Website

We welcome "hot links" to the Home Page of the Website, but not "deep linking" by which we mean that you may not include a link to any page of the Website that is not the home page. Neither may you display the contents of the Website (or any page from it) or allow it to be displayed surrounded or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please contact us.

Computer viruses

We will use reasonable efforts to ensure that the Website does not contain or promulgate any viruses or other malicious code. However, it is recommended that you should virus check all materials downloaded from the Website and regularly check for the presence of viruses and other malicious code. We exclude to the fullest extent permitted by applicable laws all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from the Website.

Severability

In the event that any term of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable.

Law and Jurisdiction

These Terms (and the provision of Products by us) are governed by and to be interpreted in accordance with the laws of the Commonwealth of Massachusetts.