1. ACCEPTANCE OF TERMS
Welcome to SRCDexchange. This agreement is between the Society for
Research
in Child Development (SRCD), and its subsidiaries and affiliated
entities, and
you and your agents for the use of this website (the "Site"). This
Agreement includes any guidelines or rules posted and updated on the
Site by SRCD
from time to time. By using the Site, you agree to this Terms and
Conditions
Agreement. You can review the most current version of this Agreement at
any time
at the SRCDexchange website.
2. OWNERSHIP OF SITE AND RESTRICTIONS ON USE OF CONTENT
The Site is owned by SRCD. You acknowledge that this website may contain
information, communications, software, photos, text, video, graphics,
music,
sounds, images and other material and services (collectively
"Content"), which is generally provided by SRCD or by licensors of SRCD.
You agree and acknowledge that, notwithstanding that SRCD permits access
to the
Content, the Content or its use or the use of this Site is protected by
patents, copyrights, trademarks, and other proprietary rights (including
intellectual property rights), that these rights are valid and protected
in all
media now existing or later developed, and that except as specifically
provided
in this Agreement, your use of the Content shall be governed and
constrained by
applicable patent, copyright, trademark and other intellectual property
laws.
Modification or use of the Site and/or the Content for any commercial
purpose
is a violation of patent, copyright and other proprietary rights owned
by SRCD
and third parties. In addition to SRCD’s and its licensors' rights in
individual elements of the Contents, SRCD owns a copyright in the
selection,
coordination, arrangement and enhancement of the Content. You may not
modify,
publish, transmit, participate in the transfer or sale of, reproduce,
create
derivative works from, distribute, perform, display, incorporate into
another
website, or in any other way exploit the Site and/or any of the Content,
in
whole or in part.
3. ACCESS TO MEMBER SERVICES AND TERMINATION OF ACCESS
In order to obtain access to the Member Service portions of the Site,
you must
be a current member of SRCD and insert your user name and password. You
agree
that you will be responsible for maintaining your user account as
confidential
and for any activity that occurs as a result of your enabling or
permitting
another person or entity to use your account. You agree to immediately
notify
us in the event that (i) your account is lost or stolen, or (ii) you
become
aware of any unauthorized use of your account or of any other breach of
security that might affect the Site. SRCD is not responsible for any
loss or
damage arising from your failure to comply with the provisions of this
Section.
You acknowledge and agree that SRCD may terminate your
access privileges and remove and discard any Content without notice to
you for
any reason, including without limitation, if (i) you do not use the Site
for
what SRCD, in its sole discretion, deems to be an extended period of
time, (ii)
SRCD believes that you have violated any provision of this Agreement,
and/or
(iii) you have otherwise acted or failed to act in any manner that SRCD
deems
objectionable. You agree that any termination of your access to the Site
shall
not result in any liability or other obligation of SRCD to you or any
third
party in connection with such termination.
4. DISCLAIMER OF WARRANTIES
The use of the Site is solely at
your own risk. The Site is provided on an “as is” and “as available”
basis.
SRCD expressly disclaims all warranties of any kind with respect to the
Site,
whether expressed or implied, including implied warranties of
merchantability,
fitness for a particular purpose, title and non-infringement. SRCD makes
no
warranty that the Site and/or Content therein will meet your
requirements, or
will be uninterrupted, timely, secure, current, accurate, complete or
error-free or that the results that may be obtained by use of the Site
and/or
any Content therein will be accurate or reliable. You understand and
acknowledge that your sole and exclusive remedy with respect to any
defect in
or dissatisfaction with the Site is to cease using the Site.
5. LIMITATION OF LIABILITY
You expressly understand and agree that SRCD shall not be liable for any
direct, indirect, incidental, special, consequential, or exemplary
damages,
including without limitation, damages for loss of profits, goodwill,
use, data
loss, or other losses (even if SRCD has been advised of the possibility
of such
damages) resulting from: (i) the use or inability to use the Site, (ii)
the
cost of procurement of any substitute products and/or services resulting
from
any products, data, information or services obtained or which you were
unable
to obtain or transactions effected or failed to be effected, (iii) any
link
provided in connection with the Site, or (iv) any matter otherwise
related to
your use of the Site.
6. YOUR CONDUCT ON THE SITE
Since SRCD permits you to upload, post, e-mail or otherwise transmit
content,
data, information or other materials (collectively, "User Content")
for display on the Site, you will be responsible for all such User
Content that
you upload, post, email or otherwise transmit using the Site. Likewise,
you are
responsible for complying with all third party rights with respect to
all such
User Content that appears on the Site and not to download, email or
otherwise
transmit such User Content in violation of such third party's rights. By
submitting User Content to SRCD, you automatically grant, or warrant
that the
owner of such Content has expressly granted, the royalty-free,
perpetual,
irrevocable, non-exclusive right and license to use, reproduce, modify,
adapt,
publish, translate, create derivative works from, distribute, perform
and
display such User Content (in whole or part) worldwide and/or to
incorporate it
in other works in any form, media, or technology now known or later
developed
for the full term of any rights that may exist in such User Content.
You are expressly prohibited from placing any message in any
User Content or any product, good or service or otherwise transmitting
through
or posting on the Site (including in any e-mail message or any chat or
message
board posting) any unlawful, harmful, threatening, abusive, harassing,
defamatory,
vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic or
otherwise objectionable material of any kind, including without
limitation, any
material that encourages conduct that would constitute a criminal
offense, give
rise to civil liability, or otherwise violate any applicable local,
state,
national or international law (collectively, "Prohibited Conduct").
Prohibited Conduct expressly includes any transmission to people or
other
entities on mailing lists that you do not have full rights to use. You
agree
and acknowledge that SRCD is not responsible or liable to you or any
other
party or user of the Site for any Prohibited Conduct by you or any other
party
or user of the Site.
You will not provide any false personal information or
create an account for anyone other than yourself without permission.
You may not collect or store personal data of other users of
the Site without the prior, written permission of such user(s).
You may not directly or indirectly, intentionally disrupt or
interfere with the Site in any manner that may adversely affect SRCD or
any
user of the Site.
You may not upload, post, e-mail or otherwise transmit any
material that contains software viruses or any other code, files or
programs
designed or known to disable, interrupt, or limit the functionality of
any
computer hardware, computer software, or telecommunications equipment or
facilities.
7. YOUR WARRANTIES
By your use of the Site, you represent and warrant that you have all the
rights
necessary to receive, use, transmit and disclose all data that you use
in any
way with the Site. You further represent and warrant that you and your
employees and agents use of the Site and of any data input into or
generated by
the Site shall comply with all applicable laws, regulations and
ordinances. You
agree and acknowledge that you are solely responsible for any
liabilities,
fines, penalties or forfeitures occasioned by any such violations or
lack of
rights.
8. YOUR RESPONSIBILITIES
You further agree and acknowledge that you are solely responsible for
inputting
and retrieving data using the Site, and for the accuracy and adequacy of
information and data furnished using the Site. You have full
responsibility for
the care and well being of patients and any reliance on the Site shall
not
diminish that responsibility. You are responsible for establishing such
procedures, as you deem appropriate in your professional judgment to
verify the
accuracy of data transmitted hereunder and to provide backup procedures
for any
loss of data or unavailability of the Site. You acknowledge and agree
that by
providing the Site hereunder, SRCD is not rendering medical or other
health
care services or engaged in the practice of medicine and shall not be
liable to
any party for any act or failure to act relating thereto, in addition to
any
limitation of liability provisions contained in this Agreement.
9. DISCLAIMER OF CONTENT
You understand and acknowledge that SRCD assumes no responsibility to
screen or
review Content and/or User Content that is originated by parties other
than SRCD,
and that SRCD shall have the right, but not the obligation, in its sole
discretion to review, refuse, monitor, edit or remove any Content and/or
User
Content that is available on the Site. SRCD expressly disclaims all
responsibility
or liability to you or any other person or entity for the performance or
nonperformance of such Content and/or User Content review. YOU
ACKNOWLEDGE AND
AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL
CONTENT
AND/OR USER CONTENT.
10. YOUR SUBMISSIONS
If you contact SRCD with information including, without limitation,
feedback
data (e.g., questions, comments, suggestions or the like) regarding the
Site,
the content of the Site or any item on the Site (collectively, "User
Feedback"),
the User Feedback shall be deemed to be non-confidential and SRCD shall
have no
obligation of any kind with respect to the User Feedback. In addition,
you
agree and acknowledge that SRCD shall be free to reproduce, use,
disclose,
display, exhibit, transmit, perform, create derivative works and
distribute the
User Feedback to others without limitation, and to authorize others to
do the
same. Further, SRCD shall be free to use any ideas, concepts, know-how
or
techniques contained in the User Feedback for any purpose whatsoever,
including, without limitation, developing, manufacturing and marketing
products
and other items incorporating the User Feedback. SRCD shall not be
liable or
owe any compensation for the use or disclosure of the User Feedback.
11. LINKS
The Site may provide, or third parties may provide, links to other
websites.
You acknowledge and agree that such links are provided for your
convenience and
do not reflect any endorsement by SRCD with respect to the provider of
such
linked site or the quality, reliability or any other characteristic or
feature
of such linked site and SRCD is not responsible in any manner (including
without limitation with respect to any loss or injury you may suffer)
for any
matter associated with the linked site, including without limitation,
the
content provided on or through any such linked site or your reliance
thereon. SRCD
MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY LINKED SITE.
YOUR
USE OF ANY LINKED SITE IS SOLELY AT YOUR OWN RISK. In addition, you
should be
aware that your use of any linked site is subject to the terms and
conditions
applicable to that site, including the privacy policies (or lack
thereof) of
such site.
12. INDEMNITY
You agree to defend, indemnify and hold SRCD, its subsidiaries,
affiliates,
officers, directors, employees and agents, harmless from and against any
third
party claim, action or demand ("Claim") and all liabilities and
settlements related thereto, including without limitation, reasonable
legal and
accounting fees, resulting from, or alleged to result from, your use of
the
Site and/or its Content and/or User Content. SRCD shall provide notice
to you
promptly of such Claim and shall reasonably cooperate with you, at your
expense, in your defense of any such Claim.
13. TRADEMARK INFORMATION
SRCD and our logo are trademarks of SRCD. Other trademarks are owned by
SRCD or
its affiliated entities or are used with the permission of their
respective
owners. You agree not to use or display trademarks without the prior
written
consent of SRCD and the owner of such mark.
14. MISCELLANEOUS
You understand and agree that SRCD may from time to time establish and
revise
practices and limitations concerning the Site and your use of the Site.
You
agree that SRCD shall have no liability for the deletion or failure to
store
any messages and other communications or other Content or User Content
maintained on the Site or transmitted using the Site. This Agreement
constitutes the entire agreement between you and SRCD and governs your
use of
the Site. You also may be subject to additional terms and conditions
that may
apply when you use third party content or Site available through the
Site. If
any provision of this Agreement is found to be invalid by any court
having
competent jurisdiction, the invalidity of such provision shall not
affect the
validity of the remaining provisions of this Agreement, which shall
remain in
full force and effect. You and SRCD and any of its affiliates,
employees,
contractors, officers, or directors agree that this Agreement and the
relationship between you and SRCD will be governed by the laws of the
State of
Michigan, without respect to its conflict of laws provisions and that
venue
with respect to any dispute between you and SRCD will rest exclusively
in the state
and federal courts located in the State of Michigan. The failure of SRCD
to
exercise or enforce any right or provision of this Agreement shall not
constitute a waiver of such right or condition. You agree that
regardless of
any statute or law to the contrary, any claim or cause of action arising
out of
or related to the Site or this Agreement must be filed within one year
after
such claim or cause of action arose. SRCD may provide notice to you by
email or
regular mail. The Site may also provide notice of changes to this
Agreement at
any time and from time to time by displaying notices to you on pages of
the
Site. The section titles of this Agreement are merely for convenience
and will
not have any effect on the substantive meaning of this Agreement.
*Adapted with permission from the American Psychological
Association (APA), Terms and Conditions of Use, © Copyright 2010 APA.
http://www.apa.org/about/termsofuse.aspx. No further reproduction or
distribution is permitted without written
permission from the APA.