SITE USER AGREEMENT (“Agreement”)
Hello and welcome to the SciStarter and/or Science For Citizens website (www.scistarter.com, www.scienceforcitizens.com, the “website(s)” or “Site(s)”) and associated SciStarter, LLC suite of websites, owned and operated by SciStarter, LLC (“SCI” or “us” or “we” or “our”) (Note that SCI also refers to Science For Citizens and Science For Citizens, LLC). We hope that you enjoy your use of this Site(s).
Use of the Site(s)(s) is available only to those 18 years old and older. You represent and warrant you are of legal age to form a binding contract, and that all registration information you submit is accurate and truthful. SCI may, in its sole discretion, refuse to offer the use of the Site(s)(s) to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access is revoked in such jurisdictions.
Intellectual Property Rights
The name and logo of “SciStarter, LLC” and “Science For Citizens” are the exclusive trademarks or service marks of SCI including the "look" and "feel" of the Site(s), color combinations, layout, and all other graphical elements. Any use of SCI trademarks is strictly prohibited without the express permission of SCI. Other product and company names mentioned in the Site(s) may be the trademarks of their respective owners.
All title and intellectual property rights (including without limitation, copyrights, patents, trademarks and trade secrets) in and to the SCI website (including but not limited to, related software and including but not limited to any images, photographs, animations, video, audio, music, text and "applets," incorporated into the software, and any copies of the software), are owned by SCI. All title and intellectual property rights in and to the information and content which may be accessed through use of the Website(s) are the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This Agreement does not grant you any rights to use such content, nor does it grant you any rights to the SCI Website(s) other than the right to use the SCI website according to the terms of the Agreement.
Use Of Site(s)
You understand that, except for information, products or services clearly identified as being supplied by SCI, SCI does not operate, control or endorse any information, products or services on the internet in any way. In some sections of the Site(s) information, products or services may be offered by third parties that are not affiliated with SCI for which SCI assumes no responsibility. You also understand that SCI cannot and does not guarantee or warrant that files offered for download through the Site(s) by third parties will be free of infection or viruses, worms, trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site(s) for the reconstruction of any lost data.
You agree that all postings and communications you make are your sole responsibility. This means that you, and not SCI, are entirely responsible for all content you post. You agree not to use the Site(s) (and you agree not to allow others to use the Site(s)) to:
• Transmit any message, information, data, text, software or images, or other content (“material”) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, pornographic, obscene, libelous, or otherwise objectionable or that may invade another’s right of privacy or publicity;
• Upload, post, email, transmit or otherwise make available any content or otherwise use the website in a manner that is hateful or discriminatory against any individual or group on the basis of race, religion, gender, age, sexual orientation, ethnicity, or disability, or promotes physical harm or injury against any individual or group;
• Impersonate any person or entity, including but not limited to, a SCI official, forum leader, guide or host or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is harmful to minors in any way;
• Stalk or harass another person or entity;
• Employ misleading email addresses, forged headers, or other manipulated identifiers;
• Upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that is invasive to another’s privacy or includes personal or identifying information about another person, without that person’s explicit consent;
• Upload, post, email, transmit or otherwise make available any Content or otherwise use the Service in a manner that violates, intentionally or unintentionally, the rules of the Federal Election Commission or any other applicable federal, state, or local laws, or to promote or provide instructional materials about illegal activities;
• Post or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as non disclosure agreements);
• Post or transmit any material that contains a virus or corrupted data;
• Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
• Use the Site(s)’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
• Post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise;
• Violate any applicable local, state, national or international law;
• Upload or transmit any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
• Delete or revise any material posted by any other person or entity;
• Manipulate or otherwise display the Site(s) by using framing or similar navigational technology, or
• Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any SCI service if you are not expressly authorized by such party to do so.
Additionally, you shall not: (i) take any action that imposes or may impose (as determined by SCI in its sole discretion) an unreasonable or disproportionately large load on SCI’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the working of the Site(s) or activities conducted on the Site(s); (iii) bypass any measures Company may use to prevent or restrict access to the Site(s) (or other accounts, computer systems or networks connected to the Site(s)); (iv) run Maillist, Listserv, any form of auto-responder or "spam" on the Site(s); or (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site(s).
Additionally, you shall not (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site(s), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Site(s).
Any use of the website that is in violation of the above will be subject to immediate removal and user/account suspension or termination, at the sole discretion of SCI and may subject you to criminal and/or civil liability.
You assume total responsibility and risk for your use of the website and the internet.
SCI provides the Site(s) and related information “as is” and does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or noninfringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the website, any merchandise, information or service provided through the website or on the internet generally, and SCI shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the service or on the internet generally. You understand further that the internet contains unedited materials some of which are sexually explicit or may be offensive to you. You access such materials at your risk. SCI has no control over and accepts no responsibility whatsoever for such materials.
SCI expressly reserves the right to remove any content that you or anyone else may post to the Site(s), for any reason as we may determine in our sole discretion.
You agree that with reference to any material or content, including, but not limited to photos, videos, and written material that you upload, post, or in any manner contribute to the website or to the website’s YouTube, Flickr, Facebook, Myspace or any other so-called social networking sites, you automatically grant a worldwide, irrevocable, gratis license in perpetuity to SCI in any and all intellectual property rights in the material uploaded/posted/contributed to the Site(s) and thereby allow SCI to use, repurpose, reproduce, edit, sell, sub-license and/or in all manners allowable by law exploit said intellectual property rights as they may see fit without any payment, royalty or remuneration to you.
Registration to Site(s)
Projects: Participant recruitment and related activities SCI and its Site(s) are venues for volunteer recruitment and promotion of citizen science/crowdsourced science projects. These Site(s) allow certain users ("Project Creators") to list projects and recruit volunteers from other users ("citizen scientists").
SCI and/or its Site(s) shall not be liable for your interactions with any organizations and/or individuals found on or through the Site(s) services. This includes, but is not limited to, delivery of goods and services, and any other terms, conditions, warranties or representations associated with listings on the Site(s). SCI and its respective Site(s) do not oversee the performance or punctuality of projects. SCI and its respective Site(s) are not responsible for any damage or loss incurred as a result of any such dealings. All dealings and interactions are solely between you and such organizations and/or individuals. SCI are under no obligation to become involved in disputes between Citizen Scientists and Project Creators, or between site members and any third party. In the event of a dispute, you release SCI and its Site(s), as well as its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our service.
Though SCI and its Site(s) cannot be held liable for the actions of a Project Creator, Project Creators are nevertheless wholly responsible for fulfilling obligations both implied and stated in any project listing they create. SCI and its Site(s) reserve the right to cancel a project listing at any time for any reason.
SCI and its Site(s) make no guarantees regarding the performance or fairness of Citizen Scientists activities.
SCI and its Site(s) reserve the right to cancel, interrupt or suspend a listing at any time for any reason.
Fees and Payments
There is no charge to SCI for joining our Site(s) or participating in projects. However, we do charge third parties, including, but not limited to advertisers, sponsors and retailers.
Modifications To Service
SCI and its Site(s) reserves the right at any time and as often as it wants to modify, limit or discontinue, temporarily or permanently access to the website and or any portion thereof or its contents in whole or in part, with or without notice. You agree that neither SCI nor its Site(s) shall be liable to you or to any third party for any modification, suspension or discontinuance of access.
Intellectual Property Issues
Third Party Intellectual Property
SCI and its Site(s) respect the intellectual property of others, and we ask our users to do the same. Science For Citizens and SciStarter may, in appropriate circumstances and at its discretion, terminate the accounts of users who infringe the intellectual property rights of others. We will remove infringing materials in accordance with the Digital Millennium Copyright Act if properly notified that content infringes copyright. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notification containing the following information (please confirm these requirements with your legal counsel, or see Section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. §512(c)(3), for more information):
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the SCI Site, sufficient for SCI to locate the material;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
If you believe that your work has been removed or disabled by mistake or misidentification, please provide us with a written counter-notification containing at least the following information (please confirm these requirements with your legal counsel or see Section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. §512(g)(3), for more information):
• a physical or electronic signature of the subscriber/user of the Services;
• identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
You acknowledge that if you fail to comply with all of the aforementioned notice requirements, your notification or counter-notification may not be valid and that SCI may ignore such incomplete or inaccurate notices without liability of any kind.
Under Section 512(f) of the Copyright Act, 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material or activity is infringing or was removed or disabled by mistake or misidentification may be subject to liability.
Our address for notice of alleged copyright infringement is:
c/o Cohen & Silver, LLC
227 Pine Street
Philadelphia, PA 19106
Intellectual Property Rights — Project Creators
SCI and its Site(s) provide you with the ability upload your content to the Site(s). We will not have any ownership rights in your content, however, we need the following license: You hereby grant to SCI the worldwide, non-exclusive, royalty-free, right to (and to allow others acting on its behalf to) (i) use, host, display, and otherwise perform the Service on your behalf (e.g., use, host, stream, transmit, playback, transcode, copy, display, feature, market, sell, distribute and otherwise exploit ("Host") your content, along with all associated copyrightable works or metadata, including without limitation photographs, graphics, and descriptive text ("Artworks") in connection with the Service); (ii) (and to allow other users to) stream, transmit, playback, download, display, feature, distribute, collect, and otherwise use the content and Artworks; and (iii) use and publish, and to permit others to use and publish, the name(s), trademarks, likenesses, and personal and biographical materials of you and the members of your group, in connection with the provision of the Service.
To enable us to Host your content pursuant to the above provisions, you hereby grant to us the worldwide, non-exclusive, perpetual, royalty-free, sublicensable and transferable right to use, reproduce, copy, and display your trademarks, service marks, slogans, logos or similar proprietary rights (collectively, the "Trademarks") solely in connection with the Service.
Intellectual Property Rights — Users
The Service may provide users with the ability to add, create, upload, submit, distribute, collect, or post ("Submitting" or "Submission") content, videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, or other information to the Site(s) (collectively, the "User Submissions"). By Submitting User Submissions on the Site(s) or otherwise through the Service, you:
SCI does not endorse and has no control over any User Submission. We cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Disclaimer Of Warranties
SCI HAS NO SPECIAL RELATIONSHIP WITH YOU OR ANY FIDUCIARY DUTY WHATSOEVER TO YOU. You agree and acknowledge that SCI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SCI makes no warranty that the service will meet your requirements, the service will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the service will be accurate or reliable, the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and any errors in the software will be corrected. You agree and acknowledge that your use of the service is at your sole risk. The service is provided on an “as is” and “as available” basis. You agree and acknowledge that downloading or otherwise obtaining material through the use of the service is done at your own discretion and risk. SCI and its Site(s) is in no way responsible for any damage to your computer or computer system or loss of data that results from the download of any such material. You agree and acknowledge that no advice or information, whether oral or written, obtained by you from SCI or through or from its Site(s) shall create any warranty not expressly stated in the terms.
Limitation Of Liability
In no event will SCI be liable for (i) any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the website, or any information, or transactions provided on the website, or downloaded from the website, or any delay of such information or service. Even if SCI or its authorized representatives have been advised of the possibility of such damages, or (ii) any claim attributable to errors, omissions, or other inaccuracies in or on the website and/or materials or information downloaded through the website. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such states, SCI liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend and hold harmless SCI and its Site(s) as well as its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the website from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the website. SCI reserves the right to release current or past member or website user information if SCI believes that a member's account or posting is being used to commit unlawful acts, if the information is subpoenaed and/or if SCI deems it necessary and/or appropriate.
The website may provide, or third parties may provide, links to non-SCI internet web sites or resources as a convenience to you ("third-party sites"). Because SCI has no control over such sites and resources, you acknowledge and agree that SCI is not responsible for the availability of such third-party 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. Links to third-party sites are not endorsements by SCI of such third-party sites. You further acknowledge and agree that SCI 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 third party site or resource.
Your participation, correspondence or business dealings with any third party found on or through the website, regarding the payment and delivery of goods or services, and/or any other dealings, and/or any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that SCI shall not be responsible or liable for any loss, damage or other matters of any sort incurred as the result of any such dealings.
This Agreement shall all be governed and construed in accordance with the laws of the state of Pennsylvania, United States applicable to agreements made and to be performed in the state of Pennsylvania, United States. You agree that any legal action or proceeding for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in the County of Philadelphia, State of Pennsylvania, United States and you hereby expressly consent to the exclusive personal jurisdiction of these courts. You agree and acknowledge that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or this Agreement must be filed within one (1) year after such claim or cause of action arose or forever be barred. Any failure by SCI to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. This Agreement contains the entire understanding of the parties hereto relating to the use of this website and supersedes any prior written or oral agreement or understandings between the parties with respect to this website. The invalidity or unenforceability of any provision of this agreement will not affect the validity or enforceability of any other provision of this agreement.
Any rights not expressly granted herein are reserved.
Reporting Of Violations
Please report any violations of this Agreement to: