Terms of Service

CHEMISTRY.ORG/EXCHANGE TERMS OF USE

1. BINDING EFFECT. 

This is a binding agreement.  By using and/or visiting this website with its homepage at, http://chemistry.org/exchange (the “Site”), or any Services provided in connection with the Site (the Site and the Services offered therein are sometimes collectively referred to as the “Services”), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS OF USE AS THEY MAY BE AMENDED BY THE AMERICAN CHEMICAL SOCIETY (“ACS”) from time to time in its sole and absolute discretion (“Terms of Use”) AND THE CHEMISTRY.ORG/EXCHANGE PRIVACY NOTICE (“PRIVACY NOTICE”) published at http://chemistry.org/exchange,  and which is incorporated herein by reference.  ACS will post a notice on the Site any time these Terms of Use or the Privacy Notice have been changed or otherwise updated.  It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site.  YOU AGREE THAT BY USING THE SERVICES YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT AND ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THIS AGREEMENT.

 

2. USER ACCOUNT.

In order to access and use some of the Services, you must have an active user account.  To open an account to use or access the Services, you must complete the registration process by providing the complete and accurate information requested on the registration form.  You will also be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password.  You may not use the account, username, or password of someone else at any time.  You agree to notify ACS immediately on any unauthorized use of your account, user name, or password.  ACS shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge.  You may be held liable for any losses incurred by ACS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

 

3. USE OF SOFTWARE.

ACS may make certain software available from the Site.  If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by ACS, for your personal, noncommercial, use only.  Unless specifically otherwise stated, ACS does not transfer either the title or the intellectual property rights to the Software, and ACS retains full and complete title to the Software as well as all intellectual property rights therein.  You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form.  All trademarks and logos are owned by ACS or its licensors and you may not copy or use them in any manner.

 

4. USER SUBMISSIONS; CONTENT.

The Site may now or in the future permit the posting, and/or downloading, and/or uploading, and/or displaying, and/or performing, and/or transmitting, and/or submission, and/or distribution, and/or hosting, and/or sharing, and/or publishing, and/or editing, and/or translating, and/or reformatting (“Posting”) of written and/or audio and/or video and/or other communications and/or other information and/or other content (“User Content”).  By Posting to the Site or Services, you are granting ACS, its affiliates, officers, directors, employees, consultants, agents, and representatives a world-wide, non-exclusive, royalty-free sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display and perform the User Content in connection with the any and all operations of the ACS, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.  You will not be compensated for any User Content.  You agree that ACS may publish or otherwise disclose your name in connection with your User Content.  By posting User Content on the Site or Services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.  In addition, you agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Site in a manner that sends more request messages to the Site’s servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, ACS grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials.  ACS reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site with respect to their User Content.

5. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.

When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  The content of the Site, except for User Submissions, including without limitation, the text, software scripts, graphics, photos, sounds, music, videos and the like (“ACS Content”), as well as the trademarks, Services marks, and logos contained therein (“Marks”), are owned by or licensed to ACS, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  ACS Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, soled, licensed or otherwise exploited for any other purposes whatsoever without prior written consent of the ACS.  ACS reserves all rights not expressly granted in and to the Site and the ACS Content.  Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Third Party Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights.  You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any User Submissions you Post or otherwise provide or transmit, or that is Posted or otherwise provided or transmitted using your User ID.  The burden of proving that any User Submission does not violate any laws or third party rights rests solely with you.

 

6. INAPPROPRIATE CONTENT.

You shall be solely responsible for your own User Submissions and the consequences of Posting them.  In connection with User Submissions, you affirm, represent and/or warrant as follows: you agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or Services.  Further, you affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize ACS to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Site and these Terms of Use.  ACS reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Services, and, if applicable, to delete any such material from its servers.  ACS intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

 

7. COPYRIGHT INFRINGEMENT.

ACS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Services.  ACS has adopted a policy that provides for the immediate suspension and/or termination of any Site or Services user who is found to have infringed on the rights of ACS or of a third party, or otherwise violated any intellectual property laws or regulations.  ACS’ policy is to investigate any allegations of copyright infringement brought to its attention.  In particular, if you are a copyright owner or and agent thereof and have evidence, know, or have a good faith belief that any User Submission or other content infringes upon your copyrights, and you want ACS to delete, edit, or disable the material in question, you must submit a notification pursuant to the Digital Millennium Copyright Act by providing ACS with all of the following information (see 17 U.S.C. § 512(c)(3) for further details): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed 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 ACS to locate the material; (d) information reasonably sufficient to permit ACS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you 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; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.  For this notification to be effective, you must provide it to ACS’ designated agent at:

 

American Chemical Society
1155 Sixteenth Street, N.W.
Washington, D.C.  20036    
E-mail: info@acs.org

 

8. ALLEGED VIOLATIONS.

ACS reserves the right to terminate your use of the Services and/or the Site.  To ensure that ACS provides a high quality experience for you and for other users of the Site and the Services, you agree that ACS or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Services.  ACS does not intend to disclose the existence or occurrence of such an investigation unless required by law, but ACS reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if ACS believes that you have violated any of the Terms of Use, furnished ACS with false or misleading information, or interfered with use of the Site or the Services by others.

 

9. NO WARRANTIES.

YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES SHALL BE AT YOUR SOLE RISK.

 

TO THE FULLEST EXTENT PERMITTED BY LAW, ACS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT.  

 

ACS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THE SITE AND/OR THE SERVICES, OR THE CONTENT OF ANY SITES LINKED TO THE SITE, AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY: (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE AND/OR SERVICES, (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR OTHERWISE MADE AVAILABLE VIA THE SITE AND/OR SERVICES.  ACS IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.  YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICES.  ACS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES DOES NOT WARRANT THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

 

ACS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.

 

10. LIMITED LIABILITY.

THE LIABILITY OF ACS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND/OR REPRESENTATIVES TO YOU IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL ACS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICES OR ANY OTHER MATERIALS PROVIDED TO YOU BY ACS.  THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.

 

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ACS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND/OR REPRESENTATIVES SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

11. AFFILIATED SITES.

ACS has no control over, and no liability for any third party websites or materials.  ACS works with a number of partners and affiliates whose Internet sites may be linked with the Site.  Because neither ACS nor the Site has control over the content and performance of these partner and affiliate sites, ACS makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and ACS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.  Similarly, from time to time in connection with your use of the Site and/or the Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties.  You acknowledge and agree that ACS makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of such content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all such content.

 

12. PROHIBITED USES.

ACS imposes certain restrictions on your permissible use of the Site and the Services.  You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with Services to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or Services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ACS in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.

 

13. INDEMNITY.

You agree to indemnify, defend, and hold harmless ACS, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity.  ACS will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

 

14. COPYRIGHT.

All contents of Site or Services are:
Copyright ©
2007 American Chemical Society, 1155 Sixteenth Street, N.W., Washington, D.C.  20036. 
All rights reserved.

 

15. GOVERNING LAW.

These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the District of Columbia, without reference to its rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the District of Columbia courts for any matters arising out of or related to the use of the Site or Services.  Your use of or access to the Site should not be construed as ACS’ purposefully availing itself of the benefits or privileges of doing business in any state or jurisdiction other than District of Columbia.

 

16. SEVERABILITY; WAIVER.

If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect.  No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

 

17. NO LICENSE.

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, Services marks, or logos owned by ACS or by any third party.

 

18. MODIFICATIONS.

ACS may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. ACS shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting.  You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.  You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision.

 

19. ACKNOWLEDGEMENT.

BY USING THE SERVICES OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.