Last Updated on Tuesday, 01 November 2011 11:44
TERMS AND CONDITIONS OF USE
AMERICAN SOCIETY FOR MICROBIOLOGY WEB SITES
ASM, in its sole discretion, may at any time refuse or delete content it deems inappropriate to the purpose of the site, illegal, or harmful to others. ASM does not undertake any obligation to monitor the site for such material. The views, opinions, and accuracy of information posted on this site are the responsibility of the poster. ASM does not control, verify, or endorse any of the information or comments found on the site, including but not limited to information in linked web sites, posted/uploaded materials, submitted comments, events, messages, blogs, connections, message board posts, groups, or elsewhere. ASM is not responsible for any person's misuse or misappropriation of any site content including but not limited to information in links, posted/uploaded materials, submitted comments, events, messages, blogs, connections, message board posts, groups, or elsewhere.
2. Registration and Login Information
a. Certain features or materials on ASM Web Sites require registration and/or login. With respect to such features and/or materials, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
b. You will create a password and account designation upon completing the Site's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to: (i) not allow any third party to use it under any circumstances; (ii) immediately notify ASM of any unauthorized use of your password or account or any other breach of security; and (iii) ensure that you exit from your account at the end of each session. ASM will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.
3. Intellectual Property Rights
4. Copyrights and Trademarks
The ASM Materials include trademarks and service marks owned by or being used by ASM with permission and such ASM Materials are protected by international, federal and state laws and regulations, including but not limited to copyright, trademark, trade secret, trade dress, and other laws and regulations. You agree not to display or use, in any manner, any such trademarks or service marks and such information may not be copied, reproduced, or distributed in any way, in whole or in part, without the prior permission of ASM. ASM does not grant you any copyright or ownership interest in any proprietary information, trademarks, service marks, or copyrighted material and you agree not to remove or obscure any copyright notices appearing on any material.
The ASM Web Sites may contain links to pages on other sites, and those sites may offer products, services, or other resources. ASM does not make any representation with respect to the quality, non-infringement, accuracy, completeness, timeliness, or reliability of any materials, information, services, or products offered on such sites. Because ASM has no control over such sites and resources, you acknowledge and agree that ASM has no responsibility for the accuracy of information provided by, or available via, other sites. Links to external sites do not constitute an endorsement by ASM of the sponsors of such sites or the content, products, advertising, or other materials presented on those sites. You further acknowledge and agree that ASM is not 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 these other sites or resources.
6. User conduct and User submissions
a. ASM Web Sites may permit users to submit material for posting on an ASM Web Site, including, without limitation, content, information, ideas, comments, blogs, video, audio, research, curricula, suggestions or other materials ("Submitted Materials"). ASM does not warrant or make any representation whatsoever, and does not make any guarantee regarding, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or any other attribute of Submitted Materials. Submitted Materials are the sole responsibility of the third party posting such Submitted Materials.
b. You are entirely responsible for everything you upload, post, email or otherwise make available on the site; provided, however, that by uploading, posting, emailing or otherwise making available any communications or Submitted Material, and solely in consideration of the possibility of publicity and professional credit, you hereby grant to ASM a non-exclusive, royalty-free, transferable, perpetual, worldwide, license to copy, prepare derivative works, improve, distribute, publish, retain, and commercialize Submitted Materials or any other submissions by you to an ASM Web Site.
c. With respect to any and all Submitted Materials and any other information or material submitted by you, you hereby warrant and represent that such Submitted Materials: (i) are true, accurate, authorized, and complete; (ii) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are not hateful or racially, ethnically or otherwise objectionable; (iii) do not contain any software viruses, Trojans, worms, bombs, 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 or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (iv) do not advocate or encourage any illegal activity; (v) do not infringe the copyright, patent, trademark, trade secret, right of publicity or other intellectual property, proprietary, contractual, personal or other right of any third party; (vi) do not violate the privacy of individuals, including other users of the ASM Web Site and do not impersonate any other person or entity; and (vii) do not violate any applicable local, state, national or international law.
7. Infringement Complaints - Digital Millennium Copyright Act Notice
a. ASM respects others' intellectual property rights and has made every effort to secure appropriate clearances for all proprietary intellectual properties that ASM directly makes available on the Web Site and we ask our users to do the same. ClinMicro.ASM.org may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers. If you believe any material on the Web Site, either posted by ASM, our users or any other party, is infringing, please contact ASM at the address below. Pursuant to the Digital Millennium Copyright Act, ASM has a designated agent to receive copyright infringement claims.
b. You may notify ASM of alleged intellectual property rights infringement by contacting our designated DMCA Agent at:
c. If your notification involves infringement of copyright or trademark rights, please include the following information in your notice:
1. Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
2. 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;
3. Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-mail address at which you may be contacted;
4. A statement that you have 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;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
6. Your physical or electronic signature.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND; (ii) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ASM AND ITS AFFILIATES, SUBSIDIARIES, OFFICERS, COUNCILORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, (iii) YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND ANY SITE-RELATED MATERIALS. IN ADDITION, ASM DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (iv) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL ASM BE LIABLE IN ANY WAY FOR ANY MATERIAL, 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 ANY MATERIAL POSTED, EMAILED OR OTHERWISE TRANSMITTED VIA THE SITE; (v) IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, DO NOT USE THE SITE.
9. LIMITATION OF LIABILITY
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL ASM, ITS AFFILIATES OR SUBSIDIARIES, THEIR SPONSORS, CONTRACTORS, OR VENDORS OR ANY OF THEIR SUCCESSORS, ASSIGNS OR LICENSEES, OR ANY OF THEIR RESPECTIVE OFFICERS, COUNCILORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY "ASM RELEASED PARTIES") BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE OR ANY OTHER MATTER RELATING TO THE SITE INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
B. YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY ASM WEB SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER DISTRICT OF COLUMBIA LAWS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWIN.
10. A Special Note about Children, Children's Privacy and Our Compliance with the Children's Online Privacy Protection Act
In compliance with the Children's Online Privacy Protection Act (COPPA), we are a general audience site and do not intend to collect any Personally Identifiable Information (PII) from children under 13 years of age, unless we believe such collection to be permitted by law. Our Site targets an audience that is over the age of 18 and some content may not be appropriate for all ages. Parental supervision is recommended. If you are the parent or guardian of a child under 13 and believe that he or she has disclosed PII to us, please contact us at
. Upon request, the parent or guardian of a child under 13 may review and request the deletion of such child's PII, as well as refuse to permit the further collection or use of such PII.
12. ASM reserves the unrestricted right, in its sole discretion, to restrict, suspend, of terminate your access to the ASM Web Sites and/or to terminate the license granted herein at any time for any reason. You agree that any termination of your access to an ASM Web Site may be effected without prior notice to you.
Updated on July 13, 2011.