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Arizona Science Foundation/Arizona STEM Network Portal

---- TERMS OF USE ---

 

April 17, 2015

 

The Arizona STEM (science, technology, engineering, and mathematics) Network is part of Science Foundation Arizona, an Arizona 501(c)(3) non-profit corporation.

 

Please read these Terms of Use carefully because they apply to all websites operated by Science Foundation Arizona (also referred to as “Us” or “We”) under the Arizona STEM Network (collectively “the Website”). The Website is the property of Science Foundation Arizona. Science Foundation Arizona reserves the right to modify these Terms of Use at any time without prior notice. Your use of the Website following any such modification constitutes your agreement to follow and be bound by the Terms of Use as modified. We encourage you to periodically review the Terms of Use to inform yourself and your organization of any changes.

Acceptance of Terms

Your use of this Website in any way designates you as a Website User (“User”) and signifies that you have read, understand, and agree to these Terms of Use in their entirety. By using the Website in any way, you also represent that you are at least 18 years old, and that you have the legal authority to accept these Terms of Use on behalf of yourself or any other party you represent in the use of the Website. If you do not accept these Terms of Use, you are not authorized to use the Website or any of its products, Content, or services, in any capacity.

Website Users

Users shall only register for the Website for the purpose of using the Website to further STEM education (“the Intended Purpose”). Registering for an account on the Website provided by Science Foundation Arizona is void where prohibited. Only persons who are 18 years old or older and fully competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Terms of Use and to abide by and comply with the Terms of Use may register for an account and use the related Content and services. IF YOU ARE UNDER THE AGE OF 18, YOU ARE NOT AUTHORIZED TO USE THE WEBSITE IN ANY WAY UNDER ANY CIRCUMSTANCES.

 

You agree to (a) provide accurate, current, and complete information about you, as may be prompted by the registration process on the Website, (b) maintain the security of your password(s) and identification, (c) maintain and promptly update, if appropriate, your registration information and any other information you provide to Science Foundation Arizona, and to keep it accurate and complete to, among other things, allow Us to contact you if needed, and (d) be fully responsible for all use of your account and for any actions that take place through the use of your account. It is your responsibility to ensure that Science Foundation Arizona has up-to-date contact information for you. You may not register an account or membership on behalf of another individual or entity unless you are authorized to do so. If an individual is registering a Website account on behalf of an organization, the organization’s account must be registered and maintained by an individual who also has a Website account.

 

Account Security

If you register for the Website, you will need to set up a username and password, which are used to log into your account. You are solely responsible for maintaining the confidentiality of your username and password, and you are likewise fully responsible for all activities that occur under your account. If you are accessing the Website from a shared computer (such as in a public library), you must log out of the account and close the browser before leaving the workstation. Although Science Foundation Arizona uses encryption technology and other security measures to protect your personally-identifiable information from unauthorized access, perfect security does not exist on the Internet. Science Foundation Arizona will take reasonable and prudent measures to maintain the security of the Website, but Science Foundation Arizona shall not be held liable for any breach of security. If you suspect that your account has been compromised in any way, you must immediately notify Science Foundation Arizona. Science Foundation Arizona is not liable for any loss or damage arising from your failure to comply with the provisions of this section. You may be held liable for losses to Science Foundation Arizona or another party resulting from activities under your account, including activities performed by someone else using your account or password.

 

Sharing of User-Provided Content

The term “Content” means and refers to any and all information, media, and/or materials you submit to the Website, including, without limitation, products, processes, systems, programs, technology, curriculum, lesson plans, files, links, still photographs, writings (including testimonials), spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics, and visual effects, or other STEM-related materials that may be of use to other Users, as well as any accompanying documentation, packaging, or other materials, tangible or intangible, and to all derivative works, translations, adaptations, or variations of same, regardless of the tangible medium, broadcast medium, format, or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio, or elsewhere, in black-and-white or in color, alone or in conjunction with other work, characters, real or imaginary, in any part of the world.

 

The Website is designed for Users to post and share Content and create online communities to further the educational programs for science, technology, engineering, and mathematics. Your posted or submitted Content may be important to you. Thus, we recommend that you keep a copy of anything you submit to the Website because Science Foundation Arizona is not responsible for lost, damaged, irretrievable, misdirected, unusable, or unreadable Content.

Science Foundation Arizona is not responsible for securing any intellectual property rights for Content. The Website utilizes Creative Commons protocols to designate how shared materials can be utilized. Creative Commons is a nonprofit organization that enables the sharing and use of creativity and knowledge through free, standardized copyright licenses based on conditions of the author’s choice. Users that choose to share materials are required to select a Creative Commons designation for their work. Navigate using the link to the Creative Commons website and follow the instructions provided.

By posting Content on the Website, you represent and warrant that (a) you are the owner of all intellectual property rights in such Content, have acquired the intellectual property rights to such Content in a capacity that allows you to display or share the Content, or that the owner of such Content has granted you permission to use such Content consistent with the manner and purpose of your use and as otherwise permitted by these Terms of Use, (b) you have the rights necessary to grant permission to use your posted Content described in these Terms of Use, and (c) that each person depicted in images, if any, has provided consent to the use of their likeness, including, for example, but not limited to, the distribution, public display, and reproduction of such images. You also represent and warrant that the Content is accurate, and that use of the Content you supply does not violate these Terms of Use and will not cause injury, damage, or loss to any person or entity.

The Digital Millennium Copyright Act of 1998 ("DMCA") allows a course of action for copyright owners who believe that their copyrights have been infringed on the Internet. Under the DMCA, copyright owners who believe that their rights have been infringed online by unauthorized use, display, or modification of their copyrighted works may contact the service provider hosting the material in question, directly or through their authorized agents, and request that the infringing material be removed or that the material be made inaccessible.

Science Foundation Arizona respects the intellectual property rights of others and expects its Users to do the same. If you believe that your copyrighted work is being infringed, please notify Science Foundation Arizona’s designated Copyright Agent, Derek Richae, by completing the form at https://stem.sfaz.org/?page=help. You must provide the Copyright Agent with (a) a physical or electronic signature of the copyright owner or someone authorized to act on his or her behalf, (b) identification of the copyrighted work(s) claimed to be infringed, (c) identification of the claimed infringing Content, (d) a statement that the copyright owner believes in good faith that the use of the Content in the manner complained of is unlawful, and (e) a statement that the information in the claim is accurate and truthful, under penalty of perjury, and that the copyright owner has an exclusive right to the asserted material being infringed. Science Foundation Arizona will, upon receiving proper notice of a valid claim, act to remove or disable access to any such Content.

 

Privacy and Protection of Personal Information

You may choose to provide personally-identifying information when you register for the Website in order to participate in groups, forums, the STEM Business Advocates program, or other community aspects of the Website. During the registration process, you will be asked to supply your email address. You may receive periodic email updates when changes are made to the Website or when certain new features or Content is added.

 

Science Foundation Arizona will not sell, share, lease, or rent information about you in ways different from what you agree to on the Website. Science Foundation Arizona may provide information to other companies which will help provide the services through the Website. Science Foundation Arizona may be forced to disclose information to the government or third parties under certain circumstances. We cooperate with law enforcement inquiries, as well as other third parties, to enforce laws such as those regarding intellectual property rights, fraud, and other personal rights. We can (and you authorize us to) disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or might expose Science Foundation Arizona to liability. 

 

User Conduct

You agree to use this Website only for lawful purposes. You agree that you will NOT use the Website to do any of the following:

 

1.        Upload or otherwise transmit any Content, or engage in any activity, that constitutes advertising or any form of commercial solicitation without explicit written permission from Science Foundation Arizona.

2.        Sell any information or Content on the Website without Science Foundation Arizona’s express written permission.

3.        Use, reproduce, or distribute Website Content without proper citation.

4.        Organize partisan political activities.

5.        Post, use, or transmit unsolicited or unauthorized Content, including unwanted solicitation, advertising, or promotional materials including, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other type of unwelcome material.

6.        Upload, store, maintain, display, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, lewd, lascivious, libelous, hateful, offensive, bigoted or racially, ethnically, or otherwise objectionable as determined by Science Foundation Arizona.

7.        Discuss illegal activities with or without the intent to commit such activities.

8.        Impersonate any person or entity, or misrepresent your affiliation with any person or entity.

9.        Access or use, in any way, the Website account of another without their consent.

10.     Attempt to gain unauthorized access to others’ accounts, Content, postings, or any other part of the Website, or attempt in any way to interfere with the proper workings of the Website.

11.     Remove, circumvent, disable, damage, or interfere with, in any way, the security-related features that enforce limitations on the use, functionality, and activity of the Website.

12.     Upload or otherwise transmit Content that contains a virus or deliberately corrupted data.

13.     Upload or otherwise transmit any Content or data that you do not have the legal right to upload or transmit, including that which violates any patent, trademark, trade secret, copyright, confidentiality, or privacy law, or that which is proprietary.

14.     Harvest, collect, download, and/or save information about others (including contact information and email addresses) without their consent. All communication between Website Users shall be conducted through the Website, unless the parties voluntarily exchange their contact information and agree to communicate via an external medium that is separate from the Website.

15.     Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by Science Foundation Arizona, may (a) harm Science Foundation Arizona or Users of the Website, or (b) expose Science Foundation Arizona to liability.

16.     Access, download, use, or export Content in violation of U.S. export laws or regulations, or in violation of any applicable local laws or regulations.

 

The list above is not an exhaustive list of the prohibited uses of the Website. Accordingly, Science Foundation Arizona reserves the right to restrict any User’s access to the Website or remove any Content from the Website without explanation, which Science Foundation Arizona may determine, in its sole discretion, to be incompatible with the above restrictions, or with any of the provisions of these Terms of Use, including but not limited to anything Science Foundation Arizona believes, whether through its own research or notification by others, may constitute patent, copyright, or trademark infringement, or infringement or misappropriation of any other intellectual property rights. All such actions will be performed on a “reasonable efforts” basis. Science Foundation Arizona cannot review all Content that is posted to the Website and does not guarantee that objectionable Content will be immediately removed. Therefore, Science Foundation Arizona does not assume any liability for any action or inaction regarding Content uploaded to the Website, or for the Content itself.

 

Account Termination

Science Foundation Arizona reserves the right to modify, suspend, or terminate the account operation or access of any User for any reason that Science Foundation Arizona deems necessary, including, but not limited to, any User who Science Foundation Arizona determines to have violated these Terms of Use, or who Science Foundation Arizona reasonably believes is not using the platform for its Intended Purpose. Science Foundation Arizona reserves the right to pursue legal remedies against persistent, repeat, or serious offenders.

 

In addition, Science Foundation Arizona reserves the right, in its complete and sole discretion, to delete and purge any account and all associated Content following any prolonged period of inactivity, and the right to disconnect or end service of the Website at any time without notice, which may cause the permanent loss of all Content on the Website.

 

Designated Administrators

If you are a designated administrator, you will be given certain online privileges to make changes or delete Content that does not follow these Terms of Use, add Content to the Website, report abuse, and suspend abusive communication or Content. It is your responsibility to report abuse of the Website to Science Foundation Arizona and abide by these Terms of Use. Designated administrators are not employees of Science Foundation Arizona and work solely as online volunteers or moderators. No compensation will be given to designated administrators. As a designated administrator, you agree to follow and uphold these Terms of Use. If an administrator fails to uphold these Terms of Use or commits a violating offense, his or her status as an administrator may be revoked and Science Foundation Arizona may take further disciplinary action as appropriate.

 

Intellectual Property Protection

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code, etc., including, but not limited to, the design, structure, selection, coordination, expression, “look and feel,” and arrangement of Content contained on the Website is owned, controlled, and/or licensed by or to Science Foundation Arizona and is protected by trade dress, copyright, trademark, and various other intellectual property and unfair competition laws.

 

Disclaimers

Any Content published on the Website is subject to the Intellectual Property rights reserved by Science Foundation Arizona and its subsidiaries, affiliates, or licensors, and are not licensed hereunder except for the very limited uses expressly set forth in these Terms of Use. Any software programs and any corrections, updates or new versions of any software programs that may be made available by Science Foundation Arizona through the Websites are provided subject to the additional terms, conditions, and restrictions of any such materials, or as indicated in the applicable section of the Website. If no additional terms are made available by the proprietor of such materials, or as provided on the Website, then any software programs or software code is governed by this provision.

 

All information related to products and services provided by Science Foundation Arizona via the Website, including the entirety of Content, whether User-generated or provided directly by Science Foundation Arizona, and also including without limitation, professional and social networking functionalities, email, User directories, User profiles, online store, software programs, software code, offerings, programs, statements of future directions, "white papers," or other materials of Science Foundation Arizona and/or its subsidiaries, affiliates, or licensors (collectively, "Information"), is intended for informational purposes only and is subject to change or withdrawal by Science Foundation Arizona at any time without notice.

If you rely on information or advice provided on this Website, you expressly agree that you are doing so entirely at your own risk. Science Foundation Arizona makes no claim that any Content or Information, whether submitted by you or others, is accurate, complete, or appropriate for any particular purpose or audience. You are responsible for compliance with the laws of your jurisdiction. Science Foundation Arizona expressly disclaims any liability for injury or damages resulting from the use thereof.

Science Foundation Arizona cannot and does not guarantee or warrant that Content available for downloading through the Website or email sent from the Website, or any Content, service, or feature of the Website will be free of infection by software viruses or other harmful computer code, files, or programs. Science Foundation Arizona does not warrant that the Website will be error-free or uninterrupted, or that your use of the Website will provide specific results. The Website and its Content are provided as is, with any and all faults that may exist, and your use of the Website and its Content is entirely at your own risk.

 

Links within the Website directing Users outside of the Website are not under the control of Science Foundation Arizona, and therefore, Science Foundation Arizona is not responsible for the content of any linked site or any linked site contained therein. Links provided inside the Website are provided for convenience, and the inclusion of such links does not imply an endorsement by Science Foundation Arizona of the external site.

 

Location of Website

The Website is maintained, controlled, and offered for use in the United States of America. Science Foundation Arizona makes no representation that the Website or its Content is appropriate in any country or jurisdiction. If you are using the Website, its Content, or its services, you do so at your own risk, and you alone are solely responsible for your compliance with local law.

Science Foundation Arizona reserves the right to change the URL at which the Website is located at any time, for any reason, without notice to Website Users. 

Limitation of Liability

In no event will Science Foundation Arizona, it employees, officers, directors, agents, or affiliates be liable to any party for any direct, indirect, special, or other consequential damages, whether foreseeable or not, including, without limitation, any lost profits, business interruption, loss of programs or other data on an information handling system, or otherwise, resulting from any use of the Website or its Content, information, documents, software, other hyperlinked website, or any other product or service provided by the Website, including, but not limited to, infringement of intellectual property rights, even if Science Foundation Arizona is expressly advised of the possibility of such injury or damages.

 

We expressly disclaim any and all warranties, including, without limitation, warranties concerning access to and/or the availability, accuracy, usefulness, and/or security of the Website, any Content, material, software, information, data, capabilities made available to you, resources, facilities, products, and/or services, and warranties of title, non-infringement, merchantability, or fitness for a particular purpose, or that the User Content submission features will function or perform in any particular manner.

 

Some jurisdictions do not allow the exclusion of implied warranties or the limitation of liability, and in such jurisdictions the above exclusions may not apply, but shall instead be imputed as rewritten so as to approximate the above exclusions to the fullest extent permissible by the laws of such jurisdictions.

 

Indemnification

You agree to indemnify and hold harmless Science Foundation Arizona and their respective officers, directors, employees, agents, affiliates, third party information providers, licensors, and others involved in the Website and in Science Foundation Arizona, from and against any and all liabilities, expenses, damages, or costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use, or from your use of this Website or use of any Content, products, services, or information obtained from this Website, including, but not limited to, the copyright or trademark infringement of a third party’s rights by your Content submission.

 

We reserve the right (but not the obligation) to assume the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement, or compromise negotiations, as requested by us. Your indemnification obligations under these Terms of Use include, without limitation, any third party claims arising from, related to, or caused by your Content, the submission of Content, and/or your violation in any way of these Terms of Use.

 

Trademarks

“Science Foundation Arizona,” “SFAz,” and the “Arizona STEM Network” trademarks or any other trademarks of Science Foundation Arizona, now known or hereinafter developed, may not be used in connection with any product or service that is not directly associated with Science Foundation Arizona nor without Science Foundation Arizona’s express written permission. Trademarks of the Science Foundation Arizona, or any variations of such trademarks, may not be used in any way that would confuse Science Foundation Arizona customers or Science Foundation Arizona service Users, or disparage Science Foundation Arizona in any way.

 

Materials; Non-Confidentiality

Unless expressly provided otherwise by Science Foundation Arizona, all Content, comments, feedback, information, or other materials (collectively “Materials”) submitted to Science Foundation Arizona through or in association with the Website shall be considered non-confidential and assigned to Science Foundation Arizona.

 

By submitting any Materials to Science Foundation Arizona through the Website, you are granting Science Foundation Arizona and its members, Users, and affiliates a no-charge assignment of all universal rights (including Intellectual Property rights), title, and interests in any and all of your Materials, including, without limitation, the right to copy, distribute, transmit, publicly display or perform, reproduce, edit, translate, or reformat your Materials. Science Foundation Arizona shall be free to use, in any manner, the Materials on an unrestricted basis without accounting to you. The assignment granted in the preceding sentences for posted Materials will not terminate if you remove such Content from the Website or are no longer a Website User. No compensation will be paid with respect to the use of your Materials.

 

Governing Law and Jurisdiction
Science Foundation Arizona is organized under the laws of the State of Arizona, with its principal place of business in Phoenix, Arizona, in the United States of America. Accordingly, these Terms of Use are governed by and construed under the laws of the State of Arizona, in the United States of America, exclusive of its choice-of-law rules. You agree that any legal action, proceeding, or other matters relating to your access to, or use of, the Materials or the Website shall be governed by U.S. federal law and/or the laws of Arizona, as applicable, without regard to its conflict-of-law principles. You hereby irrevocably submit to the exclusive jurisdiction of any state or federal court sitting in Maricopa County, Arizona, with respect to any suit, action, or proceeding arising out of or pertaining to these Terms of Use, and you also irrevocably accept, generally and unconditionally, the jurisdiction of the foregoing courts.

If Science Foundation Arizona does take any legal action against you as a result of your violation of these Terms of Use, Science Foundation Arizona will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Science Foundation Arizona. You agree that Science Foundation Arizona will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms of Use.

Arizona STEM Network Name and Logo Usage Policy

The Arizona STEM Network name and logo are valuable brand assets and forms of intellectual property owned by Science Foundation Arizona. Written permission is required for use of any form of the Arizona STEM Network name and/or logo.

 

The name and/or logo should only be used on materials created or sanctioned by the Arizona STEM Network management via written permission from Arizona STEM Network Managmeent. For all proposed uses of the Arizona STEM Network name and/or logo, permission must be sought in writing and expressly granted in writing (via e-mail is acceptable) by Arizona STEM Network management in advance.

 

Please email stem@sfaz.org and provide a sample of your document and indicate where on the sample document you would like the Arizona STEM Network logo to appear. Please also provide details on the full document or website and its publication: name, context and purpose, planned publication and distribution date(s), and intended audience. 

For any questions related to this policy, please email stem@sfaz.org.

 

Miscellaneous
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary to render the provision(s) enforceable, and the limited or eliminated provisions shall be replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to the Terms of Use, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

These Terms of Use constitute the agreement between you and Science Foundation Arizona with regard to your use of the Website, and any and all other written or oral agreements or understandings previously existing between you and Science Foundation Arizona with respect to the use of the Website are hereby superseded and cancelled. Science Foundation Arizona will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. Science Foundation Arizona’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Science Foundation Arizona of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Science Foundation Arizona and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. Science Foundation Arizona may modify these Terms of Use at any time without notice by posting an amended and dated document to the Website. You should check the Terms of Use periodically to see if anything has changed. Your continued use of the Website indicates your acceptance of these Terms of Use, and of any revised Terms of Use.

 

If you have any questions concerning legal or other matters described above, contact the Science Foundation Arizona by email at stem@sfaz.org, or by telephone at (602) 682-2800.

 

Private donations fund our operating budget, education and research efforts.

Science Foundation Arizona

400 E. Van Buren Street, Suite 300
Phoenix, AZ 85004
Tel. (602) 682-2800
© 2016 Science Foundation Arizona — Copyright Policy