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Center for Cooperative Research Terms of Service

 
  

Last Updated: May 18, 2005

Introduction

Welcome to cooperativeresearch.org (“Website”), produced and established by the Center for Cooperative Research (“CCR”). In addition to the Content on the Website, the Website may provide you with various publishing and community services such as the ability to post information or participate in online discussions (“Services”). By using our Website and the Services, you are accepting the practices described in these Terms of Service. If you do not agree to these Terms of Service, please do not use the Website and exit immediately. We reserve the right to modify or amend the terms of our Terms of Service from time to time without notice. Your continued use of our Website following the posting of changes to these terms will mean you accept those changes.

Copyright and Ownership

The Center for Cooperative Research is “open-content.” Except where otherwise noted, the textual content of each timeline is licensed under the Creative Commons License. You are permitted to copy, redistribute, and make derivative works from the text of individual timelines, as explained in the Creative Commons License, subject to the following conditions:

  • You must give the original author credit.
  • You may not use any information in the timelines for commercial purposes.
  • If you alter, transform, or build upon the information in the timelines, you may distribute the resulting work only under a license identical to this one (i.e., open-content).
  • For any reuse or distribution, you must make clear to others the license terms of this work.
  • Any of these conditions can be waived if you get permission from the copyright holder.
  • The total number of timelines entries you copy, redistribute, or make derivative works from, cannot exceed 200. If you would like to use more than 200 entries, you must first contact us for permission.

Outside of the text of the timelines, most of the other materials on the website are protected by copyright. All elements of the Website, including without limitation the general design, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Services and the Website may only be used for the intended purpose for which such Website and Services are being made available. Except as may be otherwise indicated in specific documents within the Website, you are authorized to view, print and download documents and images found on our Website for personal, informational, and noncommercial purposes only.

Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and Services. The Website and all related rights shall remain the exclusive property of the Center for Cooperative Research or its licensors unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on this Website.

We reserve the right to remove any content on this site which allegedly infringes another person's copyright. Notices to us regarding any alleged copyright infringement on this site should be directed to the site administrator. If you believe that any Content posted on the Website is infringing, defamatory or otherwise violate these Terms, please contact the Center through the Contact Page.

Organizational Identification & Trademarks

All trademarks, service marks and trade names of the Center and its partners and licensors used herein (including without limitation the name, logo, and the associated designs and logos – collectively “Marks”) are trademarks or registered trademarks of the Center or its affiliates, partners or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on this Website, without the Center’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a "hot" link on or to any other website unless establishment of such a link is approved in advance.

Restricted Content & Activities

You agree that you will not use the Website to post or upload any of the following:

  • Offensive language, such as profanities and expletives; sexually explicit or pornographic material; hate speech; defamatory, abusive, threatening or harassing speech; or racial, religious or personal attacks of any kind
  • Material which infringes upon the copyright, trademark, patent, trade secret or other proprietary rights or rights of publicity or privacy of third parties
  • Multimedia Content of any kind, such as audio and video files
  • Promotion of any activity that may be found illegal at the local, state or federal level (including, but not limited to, laws governing export control, consumer protection, unfair competition, antidiscrimination or false advertising), or any Content that is itself illegal in any way, such as fraudulent advertising or advertising involving the sale of counterfeit or stolen items. Furthermore, you may not list any item on the Website (or consummate any transaction that was i nitiated using our Services) that could cause us to violate any applicable law, statute, ordinance or regulation.
  • Direct links to or descriptions of goods and services that are prohibited under these Terms of Service
  • Commercial Content of any kind, including without limitation graphic and text advertisements, chain letters, spam offers, surveys, contests, or any clear promotion of commercial interests beyond appropriate discussion of Website Content
  • Content that is untrue, inaccurate, deliberately misleading, or trade libelous
  • Executable programming of any kind, such as viruses, worms, Trojan horses, spyware, time bombs, cancelbots, easter eggs, or any form of malicious or benign computer programming whatsoever
  • Encrypted Content or Content that can be demonstrated to contain encoded messages
  • Identifiable impersonations of another individual, by false representations in the text, by creating a misleading screen name that misrepresents the poster’s identity in an identifiable fashion, or by using another individual’s account to post, with or without that individual’s knowledge
  • Content that creates liability for us or causes us to lose (in whole or in part) the services of our ISPs or other partners or suppliers

You further understand and agree that sending unsolicited email advertisements to any user of the Website or through Voice computer systems is expressly prohibited by these Terms of Service. Any such unauthorized use of our computer systems is a violation of these Terms of Service and applicable “anti-spam” laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.

Right to Remove Content or Block Access

The Center for Cooperative Research generally does not review Content posted by any party other than the Center except for verifying prior to posting and has no responsibility for Content posted by any party other than the Center to the Website. However, the Center may, at its discretion but without any obligation, remove Content that does not meet the acceptable use guidelines in Section 4 or is otherwise inappropriate, according to its sole interpretation. The Center may also remove all other Content by such user, disable a user’s account, and otherwise prevent that user from using our Services. The Center may also, at its discretion, disable and suppress Content from any account where the chosen screen name is deemed to be offensive or inappropriate, or is a violation of trademark or copyright. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

Submission of Content

If you submit Content to the Website, such as a timeline entry or a forum posting, you grant to the Center, or warrant that the owner of such Content has expressly granted to the Center, a world-wide, royalty-free, perpetual, irrevocable, transferable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such Content (in whole or part) and/or to incorporate such Content in other works in any form, media, or technology now known or later developed.

If you elect to submit images as part of your timeline entry, they must fall within one of three categories: The pictures must be (1) part of the public domain, (2) copyrighted, but used with the permission of the copyright holder, or (3) the contributor's own work.

Account Security

You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Services and Website. We have the right to provide user billing, account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights or business). Please note that anyone able to provide your personally identifiable information will be able access your account so you should take reasonable steps to protect this information.

Information Control

User-published Content does not represent the views of the Center or any individual associated with the Center, and we do not control this Content. In no event shall you represent or suggest, directly or indirectly, the Center’s endorsement of user-published Content.

The Center does not do any independent verification that the sources cited by users in the timelines are accurate and makes no guarantee as to the validity, accuracy, or credibility of any user-published Content on our Website. The Center reviews user-submitted content and information in timelines only once, at the time of submission, to verify that the sources cited correspond to what the user has submitted. Therefore, please be aware that the accuracy of the sources listed in the timelines may change after the source is posted on the website – for example, the source may be retracted, corrected, or otherwise altered. The Center does not take any responsibility or assume any liability for any of the Content on the Website, or any actions you may take as a result of reading user-published Content on our Website. Through your use of the Website and Services, you may be exposed to Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. There may also be risks of dealing with underage persons, people acting under false pretense, international trade issues and foreign nationals. By using our Website, you assume all associated risks.

Transactional Partners

In some cases we partner with another company who provides services within our Website, and during those transactions you are transacting directly with our partner. On these pages, the transactional partner's brand is clearly visible, and their terms of service are posted. When using these partner pages, you are bound by the partner terms of service in addition to remaining bound by the Center’s Terms of Service. When there is a conflict between the Center’s Terms of Service and partner terms of service, the Center’s Terms of Service shall be held as the primary, enforceable terms of service.

Links to Third Parties

This Website contains hyperlinks to other websites controlled by third parties. These links are provided solely as a convenience to you and do not imply endorsement by the Center of, or any affiliation with, or endorsement by, the owner of the linked website. The Center is not responsible for the contents or use of any linked website, or any consequence of making the link. We encourage you to be aware when you leave our website and to read the posted privacy statement and user terms and conditions whenever interacting with any other website.

Fees

You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of this Website.

Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

Your License to Us

By posting Content on our Website, you grant the Center a non-exclusive, perpetual, irrevocable, royalty-free, worldwide, fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content throughout the world in any media, whether now known or hereafter discovered. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

Release

In the event that you have a dispute with one or more other users of the Website, you release the Center (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

No Warranty

Your use of and browsing of this Website are at your own risk. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS PROVIDE OUR WEBSITE, EVERYTHING ON THE WEBSITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE INFORMATION CONTAINED ON THIS WEBSITE, AND SPECIFICALLY DISCLAIM ANY WARRANTY AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE INFORMATION CONTAINED ON THIS WEBSITE FOR ANY PURPOSE. THE CENTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKES SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.

Important Disclaimers

This Website and all of the Content on it are provided strictly "as is." THE CENTER CANNOT GUARANTEE THE ACCURACY OF ANY ENTRY. Information relevant to individual timeline entries – such as retractions and/or corrections to the sources cited in the entry – may become available after the entry is posted on the Website. The Center does not review the accuracy of timeline entries, except to check the sources cited when a user first submits an item for posting. All of the information in the timelines is derived solely from the sources cited; the Center does not do any independent investigating, reporting, or verifying. If you feel that a timeline entry contains information that is incorrect, misleading, or otherwise in need of correction, please contact the Center.

Limitation on Liability

The Center assumes no liability in the event that legal action is taken against you by a third party as a result of Content you publish on our Website, whether for copyright infringement or any other illegal activity related to your Content. You represent and warrant that you own or otherwise control all of the rights to the Content that you post; that the Content is accurate; that use of the Content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify the Center or its affiliates for all claims resulting from Content you supply. IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITE, ANY CONTENT THEREON, OUR SERVICES OR THESE TERMS OF SERVICE (HOWEVER ARISING, INCLUDING NEGLIGENCE) OR YOUR USE THEREOF, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT ACTION, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF THE CENTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE CENTER'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED TWENTY-FIVE DOLLARS ($25.00).

Indemnity

You agree to defend, indemnify and hold the Center and any affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to any violation of these terms by you or your authorized users, or in connection with the use of the Website or the Internet or the placement or transmission of any message or information on this Website by you or your authorized users or your violation of any law or the rights of a third party.

Force Majeure

Neither the Center nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond either party’s reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Privacy

Your use of our Website and Services is subject to our Privacy Policy. Please read our Privacy Policy.

General

These Terms of Service shall be governed in all respects by the laws of the State of California as such laws are applied to agreements entered into and to be performed entirely within California between California residents. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control. If any provision of these Terms of Service are held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms of Service and all incorporated agreements may be automatically assigned by the Center in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or the Center the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms of service set forth the entire understanding and agreement between us with respect to the subject matter hereof. 12 (Access and Interference), 13 (License), 14 (Release), 16 (Liability Limit), and 17 (Indemnity) shall survive any termination or expiration of this Agreement.

DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE.

In operating the Website, we may act as a “services provider” (as defined by DMCA) and offer services as online provider of materials and links to third party websites. As a result, third party materials that we do not own or control may be transmitted, stored, accessed or otherwise made available using the Website. If you believe any material available via the Website infringes a copyright, you should notify us using the notice procedure for claimed infringement under the DMCA. We will respond expeditiously to remove or disable access to the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content. Our designated agent (i.e., proper party for notice) to whom you should address infringement notices under the DMCA is [insert name and contact info].

Please provide the following notice:

  1. Identify the copyrighted work or other intellectual property that you claim has been infringed;
  2. Identify the material on the Site that you claim is infringing, with enough detail so that we may locate it on the Site;
  3. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. A statement you declaring under penalty of perjury that (a) the above in your notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorizedact on behalf of that owner;
  5. Your telephone number, and email address; and
  6. Your or electronic signature.

Entire Agreement

These terms and conditions are the entire agreement between the user and the Center and supersedes any prior understandings or agreements (written or oral).

Copyright Notice

Except where otherwise noted, the textual content of each timeline is licensed under the Creative Commons License. All other materials are protected by copyright, which is held either by the Center for Cooperative Research, Copyright © 2005, or its licensors.

Except where otherwise noted, the textual content of each timeline is licensed under the Creative Commons License below:

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