Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR USE OF THIS WEB SITE. PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THIS SITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU ARE NOT GRANTED PERMISSION BY THE AMERICAN SOCIETY OF PLANT BIOLOGISTS ("ASPB") TO ACCESS OR OTHERWISE USE THIS SITE. BY PROCEEDING TO ACCESS THIS WEB SITE, YOU ACCEPT AND AGREE TO BE LEGALLY BOUND BY THESE TERMS.
By accessing, viewing, or using this Site and/or using any of the Services, you agree to be bound by all of the Terms and Conditions of this Agreement. Your activities on the Site or use of the Services may also be governed by additional guidelines, rules or agreements, all of which are incorporated by reference herein.
Your non-termination or continued use of the Site after changes are posted constitutes your acceptance of this Agreement as modified by the posted changes. ASPB may change, restrict access to, suspend, or discontinue the Site and/or Service, or any portion of the Site and Services, at any time.
Description of Services
The Services include access to ASPB's Plant Science Exchange portal ("Plantae") a robust digital ecosystem with connections, content, tools and services to help researchers, students, industry professionals and educators.
Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to the Terms. You understand and agree that the Service is provided "AS-IS" and that ASPB assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.
2. Eligibility and Registration
You agree that your activities on the Site and any use of the Services shall be in accordance with (a) these Terms (b) the Site's Community Guidelines and (c) any applicable law, regulation or generally accepted practices or guidelines. Use of the Services is limited to parties that lawfully can enter into and form contracts under applicable law. Without limiting of the foregoing, minors may not use the Services without the supervision of a responsible adult.
Access to Service
You agree that you will not engage in any activity that, in ASPB’s sole judgment, interferes with or disrupts the Services, the servers and networks which are connected to the Services, or the activities of others on the Site or the quiet enjoyment of others on the Site. You agree that you will not use the Site in any manner which could damage, disable, overburden or impair the Site including any processes to “crawl” or “spider” any web pages contained in the Services. You also agree not to monitor or copy, or allow others to monitor or copy the Site’s web pages or the content included herein. You agree not to” frame” or otherwise simulate the appearance or function of the Services. Your failure to comply with this requirement may result in immediate suspension of your right to access one or more of the Services.
Registration and Password
In order to use certain of the Services, you have to first register by providing your real name, address, phone number, e-mail address, and/or other relevant information, as appropriate. By registering, you represent that you have all requisite right, power and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You agree to provide accurate and complete information, and to update such information as necessary. ASPB reserves the right to review all registration applications, and to accept or reject any applicant(s) in its sole judgment. You may not transfer or assign your registration to any other party.
You understand that through your use of the Services you consent to ASPB’s collection and use of your registration data and certain other information about you, all as set forth in the ASPB’s Policy, posted below, and updated from time to time.
ASPB may access, preserve, and/or disclose your account information, or content if required to do so by law, or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Terms; (c) respond to claims that any content violates the rights of third parties, (d) respond to your requests for customer services, or (e) protect the rights, property, or personal safely of ASPB, its users, and/or the public.
Certain of the Services may require the payment of fees to ASPB or other parties. Any such fees, and acceptable methods of payment, will be detailed in the relevant agreement, rules or guidelines governing such Service(s).
Usage of Site
Without limiting any other provision of these Terms, you agree that you will not:
- Send, publish, upload, post, distribute or disseminate, email, transmit or otherwise make available Content (as defined in Section 5) that is inappropriate, profane, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, infringing, obscene, indecent, vulgar, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable Content, any materials which encourage conduct that would constitute a criminal offense, give rise to civil liability or violate any law, or contain any advertising or any solicitation with respect to products or services;
- Harm minors in any way;
- 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;
- Falsify or delete author attributions, headers, legal or other proper notices of proprietary designation or otherwise manipulate identifiers in order to disguise the origin or source of information of any Content transmitted through the Services;
- Upload, post, email, transmit or otherwise make available any Content or initiate communications which include information that you do not have a right to 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 any patent, trademark, trade secret, copyright or by rights of privacy of publicity or other proprietary or intellectual property rights of any party unless you own or control the rights thereto or have received all necessary consents;
- Upload, post, send, publish, distribute or disseminate any information that may violate antitrust law or unfair competition law;
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, offers to buy or sell goods or services, surveys, contests, "junk mail," "spam," "chain letters," "pyramid schemes," sponsorship banners or any other form of solicitation;
- Upload, post, email, transmit or otherwise make available any material that contains software viruses, worm, spyware, malware, Trojan horse, or any other computer code, files or programs designed to interrupt, destroy, damage or limit the functionality of any computer software or hardware or telecommunications equipment;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- Interfere (or attempt to interfere) with the operation of the Site. This includes, without limitation, (1) interfering with, defeating, or circumventing any security function of the Site, or attempting to do so, or (2) accessing, or attempting to access, any portion of the Site that you are not authorized to access. Unauthorized access (or attempts) may subject you to civil and/or criminal penalties;
- Intentionally or unintentionally violate any applicable local, state, national or international law, including any regulations having the force of law or use the Site for any unlawful purpose;
- Collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing one or more of the Services;
- Restrict or inhibit any other user from using and enjoying the Site. This includes, without limitation, (1) using, or attempting to use, any account associated with this Site without the owner's permission, (2) obtaining or soliciting another person's password or other personal information under false pretenses, or (3) impersonating another user or set up additional account(s) to be used for deceptive purposes, or otherwise misrepresenting yourself to ASPB, the Site's systems, or other entities.
ASPB is not responsible for any information, data, text, photographs, graphics, video, messages, tags, or other material (collectively referred to herein as "Content") posted by users of the Site other than content posted by ASPB. ASPB makes no representations with respect to the accuracy, integrity, or quality of any such Content, and shall not in any way be liable for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
You are solely responsible for any Content posted by you on the Site or offered by you through Services, including, without limitation, for any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Services. You represent that you have the right to post or transmit such Content, and, by posting or transmitting such Content, you give ASPB a license to publish and distribute such Content though the Services and to incorporate such Content into other ASPB websites, works in any format or medium now known or later developed. You are solely responsible for protecting and enforcing any intellectual property and other rights in your Content; ASPB shall have no obligation to do so on your behalf.
This Site allows users to post comments on the Content appearing on the Site. User comments are the opinions of the respective users and are not necessarily the opinion of ASPB. Neither ASPB, nor its directors, officers, staff, members, and/or volunteers, accept any responsibility for the content of the user comments on this Site. The content of all user comments is solely the responsibility of the users. ASPB reserves the right to delete, move, or edit any user comments at any time, for any reason or in its discretion, but has no obligation to review or remove any such user comments. In the event that any inappropriate or illegal user comment is brought to ASPB's attention, ASPB may exercise appropriate action.
Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content through the Services (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on such Content that you do not own unless you have been explicitly granted a license to do so by the owner of that Content, in a separate agreement.
You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk. ASPB shall have the right, but not the obligation, to remove any Content that is violation of any law, regulation or guideline, or that it deems offensive, in its sole discretion.
With respect to any Content that you have submitted to the Site, you have the right to request ASPB remove such Content, thus revoking any rights ASPB has with respect to such Content. Requests f this kind are to be submitted to ASPB via email to firstname.lastname@example.org.
Use and Storage of Information
You acknowledge that ASPB may establish general practices and limits concerning use of the Site and/or any Service, including without limitation, the maximum number of days that messages are stored, message board postings, other uploaded Content will be retained by a Service, the maximum number of messages that may be sent from or received by an account on a Service, the maximum size of any message or board posting that may be sent from or received by an account, the maximum disk space that will be allotted on ASPB’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access a Service given in a given period of time.
You agree that ASPB has no responsibility or liability for the deletion or failure to store any messages and other communications, including but not limited to message board posts, or other Content maintained or transmitted by a Service.
You acknowledge that ASPB reserves the right to log off accounts that are inactive for an extended period of time. Attempting to create Fake Puppet accounts may jeopardize your ability to access the Services, and your original account may be suspended or terminated. All accounts will be reviewed and approved by ASPB. You further acknowledge that ASPB reserves the right to modify these general practices and limits from time to time, in its sole discretion.
You acknowledge and agree ASPB may access, preserve, and disclose your account information, and/or Content if required to do so by law, or, if it believes, in good faith, that such access, preservation, or disclosure is reasonably necessary to (a) comply with legal process, (b) enforce these Terms, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your request for customer services; or (e) protect the rights, property, or personal safety of ASPB, its users, and the public.
You agree to defend, indemnify and hold harmless ASPB and its subsidiaries, affiliates, officers, directors, employees, members, volunteers, agents, partners, licensors, and their respective successors and assigns from and against any and all claims, actions or demands, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), due to or arising from your use of any Service or the Site, use of Content you submit, post, transmit or otherwise make available through the Service, your connection to the Service, your violation of the Terms, your violation of any rights of another user or any other matter for which you are responsible hereunder or under law.
ASPB will notify you of any such claim, suit, or proceeding for which ASPB seeks indemnification and shall assist user, at user’s expense, in defending any such claim, suit or proceeding.
Termination of Your Account
Disclaimer of Warranties
You expressly acknowledge and agree that:
- Your use of the Service is at your own risk and is subject to all applicable state, national and international laws and regulations. The Service are provided on an "AS IS" and "AS AVAILABLE" basis. ASPB 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, title and non-infringement.
- The Content that is posted on the Services may contain inaccuracies or typographical errors. ASPB makes no representation about the accuracy, reliability, completeness, or timeliness of the Services or the Content posted.
- ASPB makes no warranty that (i) a Service will meet your requirements; (ii) a Service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of a Service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through a Service will meet your expectations; and (v) any errors in the Site, a Service or any software will be corrected.
- Any material downloaded or otherwise obtained through the use of a Service is accessed 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.
- No advice or information, whether oral or written, obtained by you from ASPB or through or from the service shall create any warranty not expressly stated in these Terms.
11. Limitation of Liability
ASPB WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SITE, THE SERVICES, THE INABILITY TO USE ANY SERVICE, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.
Copyright Ownership, Notices and Infringement
Copyright 2015 American Society of Plant Biologists (“ASPB”) All Rights Reserved.
The entire contents of the Services, including the text, graphics, images, logos, button icons, HTML code, and other "Material" are copyrighted by ASPB 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. ASPB grants no copyright or ownership interests to User for any of the material and proprietary information referred herein belonging to ASPB. 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.
You cannot modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Site, without the prior written permission of ASPB. Please refer to the copyright statement for further information and for details on requesting permission to reuse our content.
ASPB grants you the limited and nonexclusive right and license to access or download content from the Site solely for your personal and non-commercial use and as necessary in connection with the use of any Services available through the Site. Except as expressly authorized in this Agreement, You may not modify, distribute, reproduce, display, or use the Site or any elements thereof. All rights not expressly granted to you by us in this Agreement are reserved to ASPB and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Site as authorized hereunder.
Any rights not expressly granted herein are reserved.
All Content Copyright and other rights reserved by its Respective Owners. Any content, trademark(s), or other material that may be found on the Site that is not ASPB’s intellectual property remains the copyright or intellectual property of its respective owner(s). In no way does ASPB claim ownership or responsibility for such items, and you should seek legal consent for any use of such materials from its owner.
ASPB does not claim ownership of the individual materials or information you may provide to ASPB, including without limitation feedback, suggestions, posts, uploads, inputs, or submissions to the Site or Services. However, if you provide such materials, or information to the Site:
- You are warranting and representing that you own or otherwise control all of the rights to your materials or information including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the materials or information; and
You are granting ASPB, its affiliated entities and necessary sub-licensees permission to use your materials or information, including without limitation the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, make derivative or collective works, translate and reformat the materials or information, and to publish your name in connection with your materials or information. ASPB will not pay you compensation with respect to the use of your materials or information.
DIGITAL MILLENNIUM COPYRIGHT ACT
ASPB respects the intellectual property of others, and we ask our users to do the same. ASPB may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.
ASPB has a designated Copyright Agent to receive notifications of claimed infringement and counter-notices:
Copyright Agent: [Name and Title]
American Society of Plant Biologists
15501 Monona Drive
Rockville, MD 20855-2768 USA
Email: [email address]
You acknowledge that if you fail to comply with all of the requirements set forth herein, your DMCA notice may not be valid.
Notice of Alleged Copyright Infringement
If you believe in good-faith that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, you may file a notification of alleged copyright infringement with ASPB’ Designated Copyright Agent. To be effective, the notification must be in a written communication that includes:
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material (copyrighted work) on the Site or Services that is claimed to be infringing or to be the subject of infringing activity.
- 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 the service provider (ASPB) to locate the material; In order to expedite the processing of your notice, please include a url (link) to the webpage or data in question.
- Information reasonably sufficient to permit ASPB to contact you, the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that you, the complaining party, 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;
- A statement that the information in the notification is accurate, and under penalty of perjury, that you, the complaining party, are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
It is often difficult to determine if a particular party's intellectual property rights have been violated. We may request additional information before we remove any infringing material. And we may provide the alleged infringing party with your email address so that that person can respond to your allegations. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove your content along with that of the alleged infringer pending resolution of the matter.
If you believe that your submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content on the website, you may send a counter-notice containing the following information to the designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the material or Content that has been removed or to which access has been disabled and the location where the material or Content appeared before it was removed or disabled;
- A statement, under penalty of perjury, that you have a good faith belief that the material or Content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your, the counter-notifying party’s name, address, telephone number, e-mail address, and a statement that you consent to the jurisdiction of the federal court in the State of Maryland, of if you are foreign, it consents to any jurisdiction where ASPB is subject to jurisdiction, and a statement that you will accept service of process from the person who provided ASPB with notification or an agent of such person.
If a counter-notice is received by the Copyright Agent, ASPB may send a copy of the counter-notice to the original complaining party informing that party that ASPB may replace the removed content or cease disabling it in ten (10) business days. Unless the party claiming to be the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten to fourteen (10 – 14) business days or more after receipt of the counter-notice, at ASPB’s sole discretion.
We suggest you consult an attorney before sending us a Notification or Counter-Notification.
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law ASPB has adopted a policy of terminating, in appropriate circumstances and in ASPB’s sole discretion, accounts deemed to be repeat infringers. ASPB may also, in its sole discretion, limit access to the Site and/or terminate any account used in connection with the infringement of any intellectual property rights, whether or not there is repeat infringement. If you believe that any user of the Site and Services or any account holder has engaged in repeat infringement of your copyrighted materials on or in connection with the Site or Services, you may provide our designated Copyright Agent with information about your allegations of repeat infringement.
Unless otherwise specified herein, this Agreement and any agreements, guidelines, policies, etc, incorporated by reference herein or applicable to particular Services constitute the entire agreement between you and ASPB and govern your use of the Services and Content, superseding all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and ASPB with respect to this Site.
You acknowledge and agree that the Services and any necessary software used in connection with the Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content or other information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ASPB, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services, the software, or any Content, whether in whole or in part.
Unless you have agreed otherwise in writing with ASPB, nothing in these Terms gives you a right to use any of ASPB’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features.
Without limiting the foregoing, ASPB’s logos and service names are trademarks of ASPB [Is this true?]. You agree that you shall not display or use these marks in any manner, and that you will not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.
Governing Law; Disputes; Consent to Personal Jurisdiction.
This Agreement is governed by the Laws of the State of Maryland, USA. In the event of any dispute between you and ASPB, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by ASPB in its sole discretion. In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts within the State of Maryland shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
This Site is controlled and operated by ASPB from its offices within the United States. ASPB makes no representation that materials on the Site are appropriate or available for use in other locations, and access to them from territories where any of the contents of this Site are illegal is prohibited. If you choose to access this Site from other locations, you do so at your own volition and are responsible for compliance with any applicable local laws.
Waiver and Severability of Terms
The failure of ASPB to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision. If any part of is determined to be invalid or unenforceable pursuant to applicable law including but not limited to the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue in full force and effect.
Links to Other Web Sites
The Services may provide, or third parties may provide, links to other Web sites and resources for your convenience in locating related information, goods, and/or services. Because ASPB has no control over such sites and resources, you acknowledge and agree that ASPB is not responsible for the content of linked third party sites and resources and does not make any representations regarding the content or accuracy of materials on such third party sites. ASPB is also not responsible for the availability of such external 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. You further acknowledge and agree that ASPB 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 site or resource.
Notices given by ASPB to you will be given in a general posting on the Site or by an email, if any email address is available. Notices to ASPB must be sent by either email or conventional mail to:
American Society of Plant Biologists
Attn: [Name or Title]
15501 Monona Drive
Rockville, MD 20855-2768 USA
Email: [email address]
If any one or more of the provisions in this Agreement are deemed void as a matter of law, then the remaining provisions will continue in full force and effect.
ASPB does not guarantee continuous, uninterrupted or secure access to the Service or the Site.
Headings and Captions
Captions and headings are included in the Agreement for convenience only. They are not a part of this Agreement and shall not be used in construing it. The captions and headings are not intended to be a full and accurate description of the contents hereof.
You acknowledge that: (a) You are entering into this Agreement voluntarily and without any duress or undue influence; (b) You have carefully read this Agreement and fully understand its terms, consequences, and binding effect; (c) You have sought the advice of an attorney of your choice if so desired prior to entering into this Agreement; and (d) You understand that by performing under this Agreement, you agree to be bound by its the terms.