Account Terms

 

Acceptance of Terms

The following Terms and Conditions govern all use of the OPOSSEM website (http://opossem.org) (the Site) and the services available on or at the Site (taken together, the Service). The Service is offered subject to acceptance without modification of all of the Terms and Conditions contained herein (the Terms of Use) and all other operating rules, policies, and procedures that may be published from time to time on this Site.

 

The Service is available only to individuals who are at least 13 years old or who possess legal parental or guardian consent. If you do not so qualify, do not attempt to use the Service. OPOSSEM may refuse to offer the Service to any person or entity at any time and may change its eligibility criteria, at any time, at its sole discretion.

 

Modification of Terms of Use

OPOSSEM reserves the right, at its sole discretion, to modify or replace any of the Terms of Use at any time. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

 

Privacy

OPOSSEM's current Site Privacy Statement is located on its privacy page (http://opossem.org/privacy) and is incorporated into these Terms of Use. For inquiries regarding OPOSSEM's Privacy Policy or to report a privacy-related problem, please contact admin@opossem.org.

 

Rules and Conduct

As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Use. For purposes of the Terms of Use, Content includes, without limitation, any information, data, text, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by OPOSSEM or its partners on or through the Service.

 

By way of example, and not as a limitation, you shall not (or permit others to) either (a) take any action or (b) upload, download, post, submit, or otherwise distribute or facilitate distribution of any content using any communications service or other service available on or through the Service, that:

 

Infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity;

Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, offensive, or profane;

Constitutes unauthorized or unsolicited advertising, junk, or bulk email ("spamming");

Contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information belonging to OPOSSEM or any third party.

 

Additionally, you shall not (i) take any action that imposes or may impose (as determined by OPOSSEM at its sole discretion) an unreasonable or disproportionately large load on OPOSSEM's (or its third-party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; or (iii) bypass any measures OPOSSEM may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service).

 

You shall abide by all applicable local, state, national, and international laws and regulations.

 

Registration

As a condition to using the Service, you may be required to register with OPOSSEM and select a password and login name (OPOSSEM Login Name). You shall provide OPOSSEM with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of the Terms of Use, which may result in immediate termination of your OPOSSEM account. You shall not (i) select or use as a OPOSSEM Login Name a name of another person with the intent to impersonate that person; (ii) use as a OPOSSEM Login Name a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a OPOSSEM Screen Name a name that is otherwise offensive, vulgar, or obscene. OPOSSEM reserves the right to refuse the registration of, or cancel a OPOSSEM Screen Name at its sole discretion. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your OPOSSEM password. You shall never use another user's account without such user's express permission. You will immediately notify OPOSSEM in writing of any unauthorized use of your account or any other account-related security breach of which you are aware.

 

User Submissions

The Service provides you with the ability to upload, submit, disclose, distribute, or otherwise post (hereafter, "posting") content (including, without limitation, information, data, and images) to the Service (User Submissions) and to allow other users to do so. The Service provides you with the ability to display, organize, and accept content.

 

An important part of the mission of OPOSSEM is to create an archive of educational materials and provide access to it. Notwithstanding, you acknowledge that OPOSSEM will not be liable for any loss of or damage to the User Submissions, either in whole or in part.

 

Please be aware that OPOSSEM does not review data submissions before they are made available to the public, so we may only accept data that is publicly distributable. BEFORE YOU CONTRIBUTE CONTENT TO THE SITE, YOU MUST ENSURE THAT THE CONTENT MEETS OUR TERMS AND CONDITIONS. If your data does not meet our Terms and Conditions, OPOSSEM is unable to accept your data. You will be held legally and financially responsible for OPOSSEM's damages if the content you contribute violates these Terms and Conditions.

 

By posting User Submissions on or at the Site, or otherwise through the Service, to OPOSSEM, you make the following representations and warranties to OPOSSEM:

 

The User Submissions do not infringe upon the copyrights or other intellectual property rights, including, but not limited to, patent, trademark, trade secret, copyright, right of publicity, or other rights of any third party.

The User Submissions do not violate any laws, including, but not limited to, laws related to defamation or obscenity.

 

You will promptly notify OPOSSEM of any confidentiality, privacy or data protection, licensing, or intellectual property issues regarding the User Submissions.

 

The User Submissions do not contain software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, or other information belonging to IQSS or any third party.

 

You acknowledge that OPOSSEM will not be liable for any loss of or damage to the User Submissions, either in whole or in part.

 

If the User Submissions are subject to IRB review, the User Submissions were given IRB approval.

 

By posting on or at the Site, or otherwise through the Service, you make the following representations and warranties to OPOSSEM:

 

The User Submissions do not contain information that could directly or indirectly identify subjects except where the release of such identifying information has no potential for constituting an unwarranted invasion of privacy and/or breach of confidentiality. For all personally-identifiable information in the data, at least one of following conditions applies:

 

This information has been previously released to the public;

This information describes public figures, where the data relates to their public roles or other non-sensitive subjects;

A sufficient length of time has passed since the collection of the information so that the data can be considered "historic";

All identified subjects have given explicit informed consent allowing the public release of the information in the dataset;

All information was collected with an explicit statement concerning the public nature of the data, such as information collected for governmental regulatory purposes or for federal records (i.e., data created by a U.S. federal government agency or under a federal contract) only;

All identified subjects are deceased and no federal statute explicitly restricts the release of the data.

 

You give permission and any required licenses to OPOSSEM to make the Content available for archiving, preservation, and access, including, without restriction, permission to:

 

Redisseminate copies in a variety of distribution formats according to the standard Terms of Use of OPOSSEM;

Promote and advertise in any publicity (in any form) for OPOSSEM;

Describe, catalog, validate, and document the User Submissions;

Store, translate, copy, or re-format OPOSSEM content in any way to ensure its future preservation and accessibility;

Improve usability and/or protect respondent confidentiality;

Incorporate metadata (cataloging information) or documentation in the User Submissions into public access catalogues.

You shall not provide OPOSSEM with any confidential or proprietary information that you desire or are required to keep secret. You are solely responsible for the User Submissions that you post on or through the Service. OPOSSEM does not endorse and has no control over any User Submissions.

 

OPOSSEM has no obligation to monitor the Site, Service, Content, or User Submissions. OPOSSEM may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submissions) or for no reason at all.

 

You represent and warrant are lawfully entitled and have full authority to license OPOSSEM to use the Materials in the ways described in these Terms and Conditions, and you are not under any obligation or restriction created by law, contract, or otherwise that would prevent you from entering into and fully performing these Terms and Conditions.

 

Termination

OPOSSEM may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate your account, you may notify OPOSSEM at admin@opossem.org. All provisions of the Terms of Use, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

No Warranties

THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE CONTENT AND USER SUBMISSIONS) IS PROVIDED "AS IS" AND "AS AVAILABLE" AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. IQSS, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS, DO NOT WARRANT THAT (A) THE CONTENT OR USER SUBMISSIONS ARE TIMELY, ACCURATE, COMPLETE, RELIABLE OR CORRECT; (B) THE SERVICE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (D) THE CONTENT OR USER SUBMISSIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICE IS SOLELY AT YOUR OWN RISK.

 

OPOSSEM MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, REGARDING OR RELATING TO THE SERVICES OR CONTENT PROVIDED.

 

Limitation of Liability

IN NO EVENT SHALL OPOSSEM, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE SERVICE OR ANY CONTENT OR USER SUBMISSIONS FOR (I) ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (II) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (III) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT OR USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE; OR (IV) ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $10 (U.S.). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

 

Indemnification

You will indemnify and hold OPOSSEM harmless from and against any and all loss, cost, expense, liability, or damage, including, without limitation, all reasonable attorneys' fees and court costs, arising from the (i) use or misuse of the Service; (ii) your access to the Site, use of the Service, violation of the Terms of Use by you; or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Such losses, costs, expenses, damages, or liabilities shall include, without limitation, all actual, general, special, and consequential damages.

 

Dispute Resolution

A printed version of the Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You and IQSS agree that any cause of action arising out of or related to the Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

 

Integration and Severability

The Terms of Use are the entire agreement between you and OPOSSEM with respect to the Service and use of this Site and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and OPOSSEM with respect to this Site (but excluding the use of any software that may be subject to a separate end-user license agreement). If any provision of the Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Use will otherwise remain in full force and effect and enforceable.

 

Miscellaneous

The Terms of Use are personal to you and are not assignable, transferable, or sublicensable by you except with OPOSSEM's prior written consent. OPOSSEM may assign, transfer, or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Use, and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under the Terms of Use, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under the Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next-day delivery by a recognized overnight delivery service.

 

 

This Terms of Use document is available under a Creative Commons Attribution-ShareAlike 2.5 License. It incorporates portions originally developed by Swivel, LLC. It is a modified version of this Terms of Use document: http://thedata.org/book/account-terms.