AMERICAN COLLEGE
SPORTS
MEDICINE
BLOG TERMS OF USE
General
This blog (the “Blog”) is owned and operated
by the
We reserve the right to change these Terms of Service or
to impose new conditions on use of the Blog, from time to time, in which case
we will post the revised Terms of Service on the Blog. By continuing to use the
Blog after we post any such changes, you accept the Terms of Service, as
modified.
Intellectual Property Rights
Our Limited License to You. This Blog
and all the materials available on the Blog are our property and/or the
property of our affiliates or licensors, and are protected by copyright,
trademark, and other intellectual property laws. The Blog is provided solely
for your personal noncommercial use. You may not use the Blog or the materials
available on the Blog in a manner that constitutes an infringement of our
rights or that has not been authorized by us. More specifically, unless
explicitly authorized in these Terms of Service or by the owner of the
materials, you may not modify, copy, reproduce, republish, upload, post,
transmit, translate, sell, create derivative works, exploit, or distribute in
any manner or medium (including by email or other electronic means) any
material from the Blog. You may, however, from time to time, download and/or
print one copy of individual pages of the Blog for your personal,
non-commercial use, provided that you keep intact all copyright and other
proprietary notices.
Your License to Us. By posting or
submitting any material (including, without limitation, photos and videos) to
us via the Blog, you are representing: (i) that you are the owner of the
material, or are making your posting or submission with the express consent of
the owner of the material; and (ii) that you are thirteen years of age or
older. In addition, when you submit or post any material, you are granting us,
and anyone authorized by us, a royalty-free, perpetual, irrevocable,
non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit,
sell, exploit, create derivative works from, distribute, and/or publicly
perform or display such material, in whole or in part, in any manner or medium,
now known or hereafter developed, for any purpose. The foregoing grant shall
include the right to exploit any proprietary rights in such posting or
submission, including, but not limited to, rights under copyright, trademark,
service mark or patent laws under any relevant jurisdiction. Also, in
connection with the exercise of such rights, you grant us, and anyone
authorized by us, the right to identify you as the author of any of your
postings or submissions by name, email address or screen name, as we deem
appropriate.
Notice of Copyright Infringement. If you are
a copyright owner who believes your copyrighted material has been reproduced,
posted or distributed via the Blog in a manner that constitutes copyright
infringement, please inform our designated copyright agent by sending written
notice by U.S. Mail to 401 W. Michigan St., Indianapolis IN 46202,
Attn: Julie Clark, or by
email to jclark@acsm.org.
Please include the following information in your written notice: (1) a detailed
description of the copyrighted work that is allegedly infringed upon; (2) a
description of the location of the allegedly infringing material on the Blog;
(3) your contact information, including your address, telephone number, and, if
available, email address; (4) a statement by you indicating that you have a
good-faith belief that the allegedly infringing use is not authorized by the
copyright owner, its agent, or the law; (5) a statement by you, made under
penalty of perjury, affirming that the information in your notice is accurate
and that you are authorized to act on the copyright owner’s behalf; and
(6) an electronic or physical signature of the copyright owner or someone
authorized on the owner’s behalf to assert infringement of copyright and
to submit the statement. Please note that the contact information provided in
this paragraph is for suspected copyright infringement only.
Disclaimers
Throughout the Blog, links to Internet sites maintained
by third parties may be provided. Our linking to such third-party sites does
not imply an endorsement or sponsorship of such sites, or the information,
products or services offered on or through the sites. In addition, we do not
operate or control in any respect any information, products or services that
third parties may provide on or through the Blog or on websites linked to by us
on the Blog.
THE INFORMATION OFFERED ON OR THROUGH THE BLOG AND ANY
THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF
ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT
TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE BLOG OR ANY OF ITS FUNCTIONS
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT
ANY PART OF THIS BLOG, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT
AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE BLOG OR MATERIALS ON THIS BLOG OR ON THIRD-PARTY SITES IN
TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
You must provide and are solely responsible for all
hardware and/or software necessary to access the Blog. You assume the entire
cost of and responsibility for any damage to, and all necessary maintenance,
repair or correction of, that hardware and/or software.
Interactive Features
This Blog includes features which allow users to
communicate with others. Responsibility for what is posted on public posting
areas on the Blog lies with each user – you alone are responsible for the
material you post or send. It is a condition of your use of the Blog that you
do not:
- Restrict
or inhibit any other user from using and enjoying the Blog.
- Use
the Blog to impersonate any person or entity, or falsely state or
otherwise misrepresent your affiliation with a person or entity.
- Interfere
with or disrupt any servers or networks used to provide the Blog or its
features, or disobey any requirements, procedures, policies or regulations
of the networks we use to provide the Blog.
- Use
the Blog to instigate or encourage others to commit illegal activities or
cause injury or property damage to any person.
- Gain
unauthorized access to the Blog, or any account, computer system, or
network connected to this Blog, by means such as hacking, password mining
or other illicit means.
- Obtain
or attempt to obtain any materials or information through any means not
intentionally made available through this Blog.
- Use
the Blog to post or transmit any unlawful, threatening, abusive, libelous,
defamatory, obscene, vulgar, pornographic, profane or indecent information
of any kind, including without limitation any transmissions constituting
or encouraging conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local, state, national or
international law.
- Use
the Blog to post or transmit any information, software or other material
that violates or infringes upon the rights of others, including material
that is an invasion of privacy or publicity rights or that is protected by
copyright, trademark or other proprietary right, or derivative works with
respect thereto, without first obtaining permission from the owner or
rights holder.
- Use
the Blog to post or transmit any information, software or other material
that contains a virus or other harmful component.
- Use
the Blog to post, transmit or in any way exploit any information, software
or other material for commercial purposes, or that contains advertising.
- Use
the Blog to advertise or solicit to anyone to buy or sell products or
services, or to make donations of any kind, without our express written
approval.
- Gather
for marketing purposes any email addresses or other personal information
that has been posted by other users of the Blog.
You understand that we have no obligation to monitor web
logs or other areas of the Blog through which users can supply information or
material. However, we reserve the right at all times to disclose any
information we believe necessary to satisfy any law, regulation or governmental
request, or to refuse to post or to remove any information or materials, in
whole or in part, that in our sole discretion are objectionable or in violation
of these Terms of Service. We also reserve the right to deny access to the Blog
or any features of the Blog to anyone who violates these Terms of Service or
who, in our sole judgment, interferes with the ability of others to enjoy the
Blog or infringes the rights of others.
Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO,
NEGLIGENCE, SHALL ACSM OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
THE INABILITY TO USE, THE BLOG, INCLUDING ITS MATERIALS MADE AVAILABLE THROUGH
THE BLOG, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
(BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN
CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES
OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW).
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY
DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED
WITH THE BLOG, OR ANY MATERIALS ON THE BLOG, OR WITH ANY OF THE BLOG'S TERMS
AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE BLOG.
Termination
We may cancel or terminate your right to use the Blog, or
any part of the Blog, at any time without notice. In the event of cancellation
or termination, you are no longer authorized to access the part of the Blog
affected by such cancellation or termination. The restrictions imposed on you
with respect to material downloaded from the Blog, and the disclaimers and
limitations of liabilities set forth in these Terms of Service, shall survive.
Other
This agreement constitutes the entire agreement between us
and you with respect to the subject matter contained in this agreement and
supersedes all previous and contemporaneous agreements, proposals and
communications, written oral. This agreement shall be governed by and construed
in accordance with the laws of the State of
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