TERMS OF USE
CAREFULLY READ THESE TERMS OF USE AND OUR PRIVACY POLICY BEFORE USING THIS WEBSITE AND
ANY RELATED OR LINKED WEBSITE.
These
terms of use (“Terms of Use”) govern your use of this website (the “Website”)
and your access from it to any related or linked website. It is important
that you read these Terms of Use and the privacy policy that governs the
Website (the "Privacy Policy")
before you use the Website or supply any personal data through it. In the
event that the Website shall, now or in the future, permit the purchase or
license by you of goods or services, you must also read any additional terms of
purchase or licensure that we may post on the Website.
YOUR USE OF THE WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS OF USE
AND YOUR ACKNOWLEDGEMENT THAT THE INFORMATION YOU PROVIDE EITHER DIRECTLY OR
INDIRECTLY THROUGH THE WEBSITE WILL BE MANAGED IN ACCORDANCE WITH OUR PRIVACY
POLICY.
IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE
WEBSITE; PLEASE EXIT THE WEBSITE AT THIS TIME.
These Terms of Use were last updated in August 2008.
1. User Eligibility
The
Website is available worldwide. We may from time to time provide
different versions of the Website, in different languages, intended for use in
different countries and territories. The Website may be operated from
various locations both within and outside the United States. The Website
may only be accessed and used by those individuals (each a “User”) who agree to
be bound by these Terms of Use, and who are accessing and using the Website
from locations in which that access and use, and any features, functions,
services or products discussed, referenced, provided or offered through or on
the Website (the “Available Features”) are not prohibited by applicable
law. Access to the Website and Available Features may be inappropriate,
prohibited or restricted in countries outside the United States. If you
access or use the Website from outside the United States, you do so at your own
risk and you are responsible for complying with the laws and regulations of the
country or territory from which you access or use the Website. Age
restrictions also apply, as set forth below.
2. Changes to the Terms of Use and Privacy Policy
We
reserve the right, in our sole discretion, to revise, change or modify these
Terms of Use at any time by posting the revision on the Website and by
indicating the date of the most recent revision. Your continued use of
the Website following any such revision will signify your acceptance of that
revision.
3. Ownership and Permitted Use of Content
Except
for materials in the public domain, we, our licensors or other third parties
own all Website content, including, without limitation, all text, Available
Features, trademarks, music, artwork, computer code, look and feel, trade
dress, technical information and advertisements appearing on the Website or
otherwise making up the Website (collectively, the “Content”). The
Content is protected under the laws of the United States and other countries
and by international treaties. Any unauthorized use by you of any Content
may subject you to civil or criminal penalties. The ownership of each
item of Content is retained at all times by its respective owner.
You
may not copy, reproduce, upload, distribute, publicly display or otherwise use
Content unless otherwise expressly permitted by us in writing.
Certain items of Content may be made available for you to download under
certain restrictions and conditions, including, without limitation, associated
Product Use Rules (defined below). You are permitted to use those
downloadable items of Content only as provided by these Items of Use and any
applicable Product Use Rules. For the purposes of these Terms of Use,
“Product Use Rules” shall mean the permissions established by us or our
licensors for Content by which that Content may be used by others. The
Product Use Rules applicable to any item of Content offered through the Website
may be read by clicking on the link labeled “Product Use Rules” on the page of
the Website containing or relating to the particular item of Content or where
that item of Content is available for download, purchase or license.
Product Use Rules may be enforced by DRM technology.
You
may not remove, obscure or otherwise deface proprietary notices appearing on
any item of Content, including copyright, trademark and other
intellectual-property notices.
All rights to the Content not expressly granted in these Terms of Use
are retained by us and our licensors.
4. Subscription and Registration
From
time to time, certain features of the Website may be provided via a
registration or paid subscription model. Users who are aged eighteen and
older may choose to register or subscribe for those features, as the case may
be, as subscribers (“Subscribers”), registered Users (“Registrants”) or
both. Users aged thirteen to seventeen may also so register or
subscribe, but only if permitted to do so by a parent or guardian. Each
Registrant or Subscriber will be required to provide his or her name, contact
information and other personal and general information required by the
subscription or registration feature from time to time. Each Subscriber
and Registrant may also be required to submit a valid credit card number,
billing address and related billing information. If you so register or
subscribe, you must provide accurate and truthful information, including, if applicable,
billing information, and must update that information from time to time, as
necessary to keep that information current and accurate. By establishing
a subscription or registration, you represent and warrant that you have the
right to provide, and are authorized to provide, the information that you give
to us.
Subscribers
and Registrants are responsible for all activities occurring under their
respective subscription and registered accounts and for keeping confidential
their passwords and other personal information. Do not provide anyone
else with the log-in information associated with any subscription or
registration related to this Website. If you suspect someone is
accessing or using your subscription or registration without your permission,
or if you need to change your password or information you provided to us,
please click on the applicable link provided for that purpose and follow the
instructions provided.
5. Information You Provide and Submissions
Our
Privacy Policy, which is
incorporated into these Terms of Use by reference, governs the collection and
use of information gathered on or through the Website, including, without
limitation, the personal information provided by Users.
You
are entirely responsible for any Content that you provide to or otherwise make
available on or through the Website (your “Submissions”). Examples of
Submissions include your “chat” text and blog text, if chat and blogging
functions are allowed by the Website. By making a Submission to the
Website, you thereby grant us a worldwide, non-exclusive, royalty-free,
perpetual license to reproduce, modify, adapt, publish, publicly perform and
display, distribute and otherwise use your Submission, with or without attribution
to you or any other party (the “Submission License”). You acknowledge and
agree that your Submissions shall not be considered confidential, proprietary
or personal to you or anyone else and may be disseminated or used by use for
any purpose, without compensation to you or anyone else or acknowledgement of
the source. Accordingly, please do not send us any ideas, materials,
suggestions or other information you would like to keep confidential or for
which you would like or expect acknowledgement or compensation.
By
making a Submission, you represent and warrant that, (a) you own all right,
title and interest in your Submission, or you have the necessary approvals and
permissions to grant us a Submission License, (b) your Submission, and the exercise
by us of our rights under the Submission License for it, does not violate any
applicable law, contract rights or other rights of others, including, without
limitation, any trade secret, copyright, publicity or privacy right, and (c)
your Submission does not contain software viruses, spiders, spybots, commercial
solicitation, chain letters, mass mailings, or any form of spam or other
damaging, disruptive or unauthorized programming.
In
addition, a Submission shall not do any of the following or provide a link or
reference to Content that does any of the following:
- Promote hatred, racism, bigotry, physical violence
or emotional abuse against any individual or group.
- Contain unlawful, threatening, defamatory, obscene,
libelous or otherwise offensive material.
- Misrepresent your identity or affiliation or
connection with a person or entity seek to disguise the origin of any
Submission.
- Imply or state that we or any party linking through
the Website endorse the Submission or is in any way associated with it.
- Contain any false, misleading, deceptive, sexually
suggestive, abusive or harassing Content.
- Contain photographs or words depicting
objectionable subject matter, including, without limitation, excessive
violence, obscenity or harassing Content.
- Contain any information or computer code that is
intended to, or are likely to, damage, interfere with, alter, intercept or
expropriate any data or system, such as Trojan horses, worms, time bombs,
cancelbots and other unauthorized computer programming routines.
- Contain advertising or solicitation of any kind
other than as expressly permitted by these Terms of Use.
We do not guarantee your Submissions will not be lost or damaged or that
you will be able to retrieve your Submissions or recover any other data
transmitted to us by our through the Website or any site linked to it. We reserve the right, but do not have the
responsibility, to monitor and remove any Submission, at any time and without
notice, in our sole discretion and without notice.
6. Participating in the Website
At
all times while visiting the Website and participating in, accessing and using
any Available Features, you must conduct yourself in a polite, courteous and
respectful manner, and you must comply with all applicable laws.
For
example, you may not, while using the Website:
- Request, attempt to obtain or store, personal
information, passwords or other information of other Users.
- Access or use another person’s subscription or
registration.
- Alter, modify, frame or "mirror" any
Content not supplied by you.
- Create a deep-link to the Website or any linked
site by bypassing the applicable home page.
- Inhibit, disrupt or otherwise prevent anyone from
using or accessing the Website or any linked site or interrupt any User’s
experience on the Website or any linked site, including, without limitation,
acting in any manner that disrupts Users’ real-time exchanges or hacking or
defacing any portion of the Website or any linked site.
- Interfere with or disrupt the Website or any linked
site or servers or network connections to any of them.
- Disobey any requirements, procedures, policies or
regulations of networks connected to the Website or any linked site.
- Modify, adapt, sublicense, translate, sell, reverse
engineer, decompile or disassemble any portion of the Website or any linked
site.
- Attempt to gain unauthorized access to the Website
or any linked site or any portion of them, any Available Feature, any other
systems or networks connected to the Website, any linked site or any server
related to them.
- Use the Website intentionally or unintentionally to
violate any applicable local, state, national or international law or
regulation.
- Provide material support or resources (or to
conceal or disguise the nature, location, source, or ownership of material
support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the
Immigration and Nationality Act.
7. Other Terms and Conditions; Special Submissions, Purchases, Features
Additional
or different terms and conditions may apply in connection with certain types of
Submissions (e.g. testimonials, sweepstakes or contest entries) and Available
Features. In addition, when you purchase or license any products or
Content by or through the Website, that purchase or license will be governed by
any applicable terms of purchase or license (cumulatively, the “Additional
Terms”). If applicable, Additional Terms will be set forth on pages
related to permission to make Submissions, to access of Available Features or
to the purchase of Content, or in a link related to any of them. You
should carefully review all Additional Terms, as applicable, before making a
Submission, accessing and using Available Features, and making a purchase or
entering into a license. All Additional Terms are incorporated by
reference into and made a part of these Terms of Use. In the event
Additional Terms conflict with these Terms of Use, the Additional Terms shall
control with respect to the subject matter to which they shall apply.
8. Content on the Website
We
do not independently verify any Submissions or any Content provided by third
parties (collectively, “Content Providers”) having an agreement with us to
provide Content to the Website. We take reasonable efforts to determine
that any Content that we provide is accurate and timely; however, we do not
guarantee or warrant any Content provided by us or any Content Provider is
accurate, complete, truthful, or non-objectionable. We do not endorse any
Submissions made by Users or Content provided by Content Providers, and all
opinions expressed in any such Submissions and Content are exclusively those of
the respective supplier.
We
reserve the right, at any time and in our sole discretion, to remove any
Content from the Website without notice.
Please keep in mind when using the Website that it is possible that
other Users may remain largely anonymous when using the Website, be other than
who or what they claim they are, and have dishonest, deceitful or harmful
intentions. In the event that the Website or linked site should at any
time include an Available Feature permitting communication between other Users
and you, you should exercise discretion and skepticism when evaluating Content
and interacting with those Users. You should never provide personal or
sensitive information about yourself or any other person except as specifically
requested by us as the use of any Available Feature.
9. System Requirements and Accuracy.
The
speed of information transmission, the accuracy of shape, color and sound
reproduction and the quality and legibility of graphics and text are highly
dependent on equipment and systems technology. Your ability to use
Content will therefore depend, in part, on technical capabilities such as the
speed of Internet access and the hardware and software accessing the
Content. Consequently, we do not guarantee that any item of Content will
remain accurate or accurately depicted to you. Please note that we may,
at any time, change Content, which could alter systems requirements and affect
accuracy—depending on your hardware, systems configuration and means of access,
among other technical factors. We do not guarantee that you will have
access, at any time, to the Website, to any linked site or any Available
Features. Any products or services depicted or referenced on the Website
or linked sites are available only while supplies last or the offer remains in
effect, as the case may be; the timing of any discontinuance of any such offer
and the supply of products may be beyond our control, or we may elect, without
notice, for any reason, to discontinue the offer or the supply. We also
reserve the right to discontinue any Available Features at any time, without notice.
You agree that the technical information, opinions, recommendations and other
information made available to you on the Website or any linked site, are
provided for your convenience only and shall not be relied upon as substitutes
for thorough consultation with appropriately trained professionals.
10. General Practices Regarding Use and Storage
We
reserve the right to establish general practices and limits concerning use of,
and storage space on, our servers and those of hosting parties and others
associated with the Website and any linked sites.
11. Links
Access
to linked sites is at your own risk. Linked sites may not be available at
all times and may contain Content that is untrue, offensive, inaccurate,
incomplete, or outdated. We do not endorse or provide warranties of any
kind as to any inked sites or any other sites to which they may link. You
should review all websites closely before submitting information or allowing
minors to visit them.
12. Disclaimer
THE
WEBSITE, ITS CONTENT AND THE CONTENT OF ANY LINKED SITES ARE PROVIDED “AS IS”
AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES,
INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
You Assume Total Responsibility And Risk For Your Use
Of The Website And Any Linked Site Shall Be So Obtained At Your Own DISCRETION And
Risk. We Shall Not Be Responsible For Any Damage To Your Computer System Or
Loss Of Data That Result From Obtaining Any Content From The Website Or Any
Linked Site.
WITHOUT
LIMITATION TO ANY OF THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THERE WILL BE
NO INTERFERENCE WITH YOUR ENJOYMENT OF THE WEBSITE; (B) THE WEBSITE WILL
FULFILL ANY PARTICULAR PURPOSE, NEED, REQUIREMENT OR SPECIFICATION OR IS
COMPLETE, RELIABLE OR ACCURATE; (C) YOUR REQUEST TO THE WEBSITE WILL BE HONORED
ACCORDING TO YOUR SCHEDULE; (D) THE WEBSITE WILL BE TIMELY, SECURE OR ERROR
FREE; (E) ANY ERRORS IN CONTENT WILL BE CORRECTED; (F) CONTENT ON THE WEBSITE
IS LAWFUL, APPROPRIATE OR AVAILABLE FOR USE IN ANY PARTICULAR LOCATION; OR (G)
PRODUCTS OR SERVICES DISPLAYED OR REFERENCED ON THE WEBSITE ARE AVAILABLE FOR USE
IN A PARTICULAR LOCATION.
YOUR
SOLE REMEDY AGAINST US FOR YOU DISSATISFACTION WITH THE WEBSITE IS TO STOP
USING THE WEBSITE OR CONTENT WITH WHICH YOU ARE DISSATISFIED.
13. Limitation of Liability
WE
SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, LOST
PROFITS OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO THE WEBSITE OR USE OF
IT, EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
14. Indemnification
You agree to defend, indemnify and hold us harmless, as well as our
officers, directors, affiliates, successors in interest, shareholders,
employees and agents for all claims against any of them that may that arise
from, or are related to, your use of the Website and linked sites.
15. Reporting Violations of these Terms of Use
If
you became aware of activities or Content that violates these Terms of Use,
please immediately notify us by any of the methods set forth in Section 18
below. Although we do not guarantee any action based on that information,
we will take reasonable efforts to respond in a fair and timely manner to
reported violations.
16. Termination
We
may, in our sole discretion, at any time and without prior notice, terminate
your use of the Website or terminate your rights under these Terms of
Use for any or no reason. In our sole discretion, and at any time, we may
also discontinue providing the Website or any one or part of it, with or
without notice.
We
reserve the right to terminate or suspend access to anyone for any reason at
any time for any or no reason. You should therefore keep copies and
records of any Content you may wish to access if your account is
terminated. Without limitation to the foregoing, we reserve the
right to deny any User access to the Website and to terminate any subscription
or registration and delete the profile corresponding to that subscription and
registration (and any accompanying Content), at any time, if we believe that
the Subscriber or Registrant is less than thirteen years of age or the
Subscriber or Registrant otherwise fails to abide by these Terms of Use or
applicable law.
17. Miscellaneous
To
the fullest extent permitted by law, these Terms of Use and any claim or
dispute arising out of or relating to these Terms of Use, including, without
limitation, the Website, will be governed by and construed in accordance with
the laws of the State of New York without regard to its choice of law
principles. We shall not be liable to you or any third party for any of
the foregoing. Sections 3, 5, 11, 12, 13, 14 and 17 shall survive the
expiration or termination of these Terms of Use. Except as otherwise
prohibited by law, any claim or dispute must be brought within one (1) year
from the date the cause of action shall arise. Any claim or dispute
arising out of or relating to these Terms of Use, including but not limited to
the Websites, shall be subject to the exclusive jurisdiction of state or
federal courts located in Manhattan, and you hereby consent and submit to the
personal jurisdiction of those courts. You may not use or export or re-export
the materials at the Website or any copy or adaptation in violation of any
applicable laws or regulations including without limitation United States export laws. If any provision of these Terms of Use is held to be
unlawful, void, or for any reason unenforceable, that provision will be deemed
severable and will not affect the validity and enforceability of the remaining
provisions. These Terms of Use constitute the entire agreement between
you and us relating to your use of the Website, superseding any other agreement
between you and us with respect to the subject matter of these Terms of
Use. Section headings in these Terms of Use are for convenience only and
have no legal or contractual effect. If any provision of these Terms of
Use shall be found to be unenforceable, the other provisions shall still remain
in full force and effect.
The
data used to create mapping images or map based content is copyrighted. Any
unauthorized copying or reproduction of this output is unlawful. It is a
condition of the license that copying in any form, or by any means is not
permitted. Without in any way limiting the generality of the above you, or any
user of this data shall not copy by any means including magnetic, digital,
rasterizing, scanning, digitizing, any electrostatic method, fax or
photocopying. You may not attempt to reverse engineer any output that would
allow the recreation of any digital mapping data in any way.
18. Contact Us
For
making a claim of copyright infringement, please use the contact information
set forth below under “Notice and Procedure for Making Claims of Copyright
Infringement.”
For
all other issues or questions please use the following contact information:
| By mail: |
c/o copyright infringement
Springer Science+Business Media
333 Meadowland Parkway
Secaucus, NJ 07094
|
| By telephone: |
212-460-1539 |
| By e-mail: |
authormapper@springer.com |
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We
take the intellectual property rights of others very seriously and we ask Users
to respect the intellectual property rights of others. If you believe
that an item of Content on the Website may constitute copyright infringement of
one of your copyright-protected works or a copyright-protected work of a
copyright owner who has authorized you to act on his or her behalf, please
provide us with the following information:
- Your
electronic signature or physical signature
- A
description of the work that you claim has been infringed, or if multiple
works are allegedly being infringed, a list and description of those
works. Please include copyright registration numbers.
- The
location on the Website of the material that you claim to be infringing.
- Your
address, telephone number, and e-mail address.
- A
statement by you that you have a good faith belief that the use of the
material in the manner complained of is not authorized by the copyright
owner, its agent, or the law.
- A
statement by you that the information in the notification is accurate, and
under penalty of perjury, that you are the owner of the copyright in the
allegedly infringed work or that you are authorized to act on behalf of the
copyright owner of the allegedly infringed work.
You
should provide the copyright infringement notice described above to our agent
for notification of claim of copyright infringement. That agent may be
contacted as follows:
| By mail: |
c/o copyright infringement
Springer Science+Business Media
333 Meadowland Parkway
Secaucus, NJ 07094
|
| By telephone: |
212-460-1539 |
| By e-mail: |
authormapper@springer.com |