July 13, 2011
Acceptable Site Use
(a) Copyright and Proprietary Rights
The entire contents of the Services, including the text, graphics, images, logos, button icons, HTML code, and other "Material" are copyrighted by the DivCHED under the copyright laws of the United States (Title 17, U.S. Code). User agrees not to remove or obscure copyright notices appearing anywhere in or on the Services. DivCHED grants no copyright or ownership interests to User for any of the material and proprietary information referred herein belonging to DivCHED. Permission to use content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to email@example.com.
(b) Name and Logo
User agrees not to use the name of DivCHED or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of DivCHED.
(c) Prohibited Use
User agrees not to modify, alter, or create derivative works of the material contained in or on the Services without prior written permission from DivCHED.
User agrees not to post any false or inaccurate information, delete or change any information posted by another person, and/or share User's password with any third party.
User agrees not to do anything that interferes with the proper working ability of the Services. This includes activity that can overload the Services’ infrastructure, use of software or other device other than that which is available from the Society, tampering with the software that makes up the Services, and destroying or changing information posted by any other person.
User agrees not to engage in any commercial activity.
User may not post material that is copyrighted without first obtaining proper written consent from the copyright owner.
(d) Website Security
Users are prohibited from violating or attempting to violate the Services’ security.
You understand and agree not to use the Services:
• To post content or initiate communications that are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
• Use the Services for any illegal purpose, including but not limited to conspiring to violate laws.
• Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
• Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
• Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
• Upload, post, email, transmit or otherwise make available 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.
• Stalk or harass anyone.
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services.
• Post content in fields that aren’t intended for that content. Example: Putting an address in a name or title field.
• Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
Registration and Password
DivCHED may include various forums, blogs, and chat rooms where users may post observations and comments on designated topics. DivCHED cannot guarantee that others will not use the ideas and information that is so shared. Therefore, if you have an idea or information that you would like to keep confidential and/or that you do not want others to use, do not post such information or ideas.
DivCHED IS NOT RESPONSIBLE FOR THE MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION THAT YOU SUBMIT.
Termination of Account
Waiver of Liability
DivCHED does not screen or censor the User-generated content made available through the Services. DivCHED is NOT LIABLE for any content on the Services. User assumes all risks associated with dealing with other users with whom User comes in contact through the Services. Should a dispute arise between User and another user, User hereby agrees to release DivCHED from all claims, demand, and damages associated with such a dispute.
Waiver of Warranties
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON THE SERVICES, ANY INFORMATION THEREIN, OR ITS CONTINUATION. DIVCHED PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, DIVCHED DISCLAIMS ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONIFRINGEMENT.
DIVCHED IS NOT RESPONSIBLE, AND MAKES NO RERPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES.
THE CONTENT THAT IS POSTED ON THE SERVICES MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. DIVCHED MAKES NO REPRESENTATION ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICES OR THE CONTENT POSTED.
DIVCHED DOES NOT WARRANT THAT THE SERVICES WILL OPERATE ERROR-FREE OR THAT THE SERVICES THEIR SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MERCHANISMS. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DIVCHED IS NOT RESPONSIBLE FOR THOSE COSTS.
Disclaimer of Consequential Damages
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL DIVCHED OR ANY THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DIVCHED IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DIVCHED' TOTAL CUMULATIVE DAMAGES EXCEED US$ 100.
Links to Other Sites
The Services may contain links to third party Websites. These links are provided solely as a convenience to User and not as an endorsement by DivCHED of the contents on such third-party Websites. DivCHED is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Websites. Links to third party Websites are performed at your own risk.
DivCHED does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. User acknowledges that any reliance on material posted by other users will be at your own risk.
Terms of Agreement
User agrees not to make any unauthorized commercial use of the Services.
If User accesses the Services from outside the United States, User does so at User's own risk. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Access to Service
Use of manual or automated software, devices, or other processes to “crawl” or “spider” any web pages contained in the Services is strictly prohibited. You agree not to monitor or copy, or allow others to monitor or copy, DivCHED web pages or the content included herein. You also agree not to “frame” or otherwise simulate the appearance or function of the Services.
Monitoring and Enforcement
While we have the right to monitor activity and content associated with the Services, DivCHED is not obligated to do so. Because community standards vary and individuals sometimes choose not to comply with DivCHED policies and practices, in the process of using our Services, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. However, because situations and interpretations vary, we also reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the website.
DivCHED, the DivCHED, and other DivCHED logos and names are trademarks of the ACS Division of Chemical Education. You agree not to display or use these trademarks in any manner without the DivCHED’ prior, written permission. The section titles of this User Agreement are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of the User Agreement to: www.divched.org/contact