Terms of Service Agreement
The following terms and conditions govern all use of the hastac.org website and all content and services available at or through the website. The Website is owned and operated by HASTAC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by HASTAC (collectively, the “Agreement”).
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by HASTAC, acceptance is expressly limited to these terms.
Your hastac.org Account and Site. If you create content on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account. You must not describe or assign keywords to your content in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and HASTAC may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause HASTAC liability. You must immediately notify HASTAC of any unauthorized uses of your account or any other breaches of security. HASTAC will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
Representations of Subscribing Member. By registering and accepting these Terms of Service, the Member, either on behalf of him/herself, and/or on behalf of the entire community (whichever subscription option has been chosen), hereby represents, warrants and covenants to HASTAC that: (a) he/she is at least 14 (fourteen) years of age; (b) he/she will regularly review these Terms of Service and, in the event of any change in them, continue to be bound by them or else immediately discontinue the use of the Service. Note: If you are under 14 and you would like to become a registered member of HASTAC, contact us at http://hastac.org/contact. Minors may become members through a special process which includes getting the permission of your parent or legal guardian.
Responsibility of Contributors. If you post content or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, computer software, or other Content of any form. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content does not contain threats or incite violence towards individuals or entities and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your account name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by HASTAC or otherwise.
By submitting Content to HASTAC, you grant HASTAC a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, HASTAC will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, HASTAC has the right (though not the obligation) to, in HASTAC’s sole discretion (i) refuse or remove any Content that, in HASTAC’s reasonable opinion, violates any HASTAC policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in HASTAC’s sole discretion. HASTAC will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors. HASTAC has not reviewed, and cannot review, all of the material posted to the Website, and cannot therefore be responsible for that material’s content, use, or effects. By operating the Website, HASTAC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful, or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HASTAC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material made available through the websites and webpages to which hastac.org links, and that link to hastac.org. HASTAC does not have any control over those non-HASTAC websites and webpages, and is not responsible for their contents or their use. By linking to a non-HASTAC website or webpage, HASTAC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. HASTAC disclaims any responsibility for any harm resulting from your use of non-HASTAC websites and webpages.
Copyright Infringement. As HASTAC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. Except where otherwise noted, all content on the HASTAC site is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License. All users who post content are required to post under the Creative Commons Attribution-NonCommercial-ShareAlike 3.0 License. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. For avoidance of doubt, HASTAC is not a party to any such public license between you and any third party. Also, for avoidance of doubt, HASTAC may choose to exercise the rights granted under (a) the public license or licenses, if any, you apply to your materials or (b) this Agreement.
Intellectual Property. This Agreement does not transfer from HASTAC to you any HASTAC or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with HASTAC. HASTAC, hastac.org, the HASTAC logo, and all other trademarks, service marks, graphics and logos used in connection with HASTAC or hastac.org are trademarks of HASTAC. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any HASTAC or third-party trademarks.
Changes. HASTAC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. When it is changed, you will be asked to reconfirm your registration, and at that time can read any updates or changes that have been made to this Agreement. HASTAC may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall be subject to the terms and conditions of this Agreement.
Termination. HASTAC may terminate your access to all or any part of the Website at any time, with cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your hastac.org account, you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Disclaimer of Warranties. The Website is provided “as is.” HASTAC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither HASTAC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability. In no event will HASTAC, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability, or other legal or equitable theory for: (i) any special, incidental, or consequential damages; (ii) the cost of procurement for substitute products or services; or (iii) for interruption of use or loss or corruption of data. HASTAC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification. You agree to indemnify and hold harmless HASTAC, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees arising out of your use of the Website, including but not limited to your violation of this Agreement.
Privacy. HASTAC collects personal information when you register on hastac.org, when you use HASTAC services, and when you visit HASTAC pages. When you register we ask for information such as your name, email address, zip code, affiliation, and bio. Once you register on hastac.org and sign in to our services, you are not anonymous to us. HASTAC automatically receives and records information on our server logs from your browser, including your IP address, HASTAC cookie information, and the page you request. HASTAC uses information for the following general purposes: to customize the content you see, fulfill your requests for services, improve our services, contact you, conduct research, and provide anonymous reporting for HASTAC.
Information Sharing and Disclosure. HASTAC does not rent, sell, or share personal information about you with other people or nonaffiliated Institutions, Organizations, or Centers. HASTAC may set and access HASTAC cookies on your computer. You can edit your HASTAC Account Information at any time. We reserve the right to send you certain communications relating to the HASTAC service, such as service announcements, administrative messages and the HASTAC Newsletter, that are considered part of your HASTAC account, but always will offer you the opportunity to opt-out of receiving them. You can delete your HASTAC account by visiting your My Profle page, choosing “Edit my Account” and choosing "Delete" at the bottom of the page.
Applicable Law and Venue. You agree that these Terms will be governed and interpreted by the laws of North Carolina and the United States of America. You also agree that the exclusive venue for any dispute between you and HASTAC that arises out of, or relates to, these Terms is in the state or federal courts of North Carolina, and you specifically consent to the personal jurisdiction of North Carolina courts. We make no representation that the Content on hastac.org is appropriate or available for use in any particular location. Those who choose to access our websites act on their own initiative and are responsible for compliance with all applicable local or other laws. This Agreement will be governed by and construed in accordance with the laws of the institutional home of HASTAC, currently the State of North Carolina, U.S.A., without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding, or litigation arising in connection with the Service will be brought solely in a court in the State of North Carolina, U.S.A. and you consent to the personal jurisdiction and venue of such courts. Lawsuits relating in any respect to this Agreement should be brought only in court(s) located in Durham, North Carolina, having personal jurisdiction and venue over parties located in Durham, North Carolina for which purpose the parties irrevocably consent to the jurisdiction and venue of such court.
Miscellaneous. This Agreement constitutes the entire agreement between HASTAC and you concerning the subject matter hereof, and it may only be modified by the posting by HASTAC of a revised version.
Change log: New Terms of Service put up on 4/18/2012.