ESA Terms and Conditions for ESA Websites Use Agreement
Effective Date: January 22, 2019
These Terms and Conditions (the “Agreement”) is a binding Agreement between the Entomological Society of America ("ESA") and you, the user ("You" or "Your") and governs Your use of all portions of ESA websites (www.entsoc.org, www.entocert.org, online.entsoc.org, community.entsoc.org, and entomologytoday.org or any website, mobile application or other online property owned, operated or controlled by ESA) collectively referred to as “the Websites”, and any associated material or functionality contained on ESA's Websites. ESA's Websites are offered to You conditioned on Your acceptance, without modification, of the terms and conditions contained herein. By using ESA's Websites, You confirm Your acceptance of, and agree to be bound by, this Agreement and all such terms, conditions and notices.
ESA reserves the right to change the terms and conditions of this Agreement from time to time as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. ESA has no duty or obligation to inform prior users of ESA's Websites that changes have been made, regardless of the scope and importance of the changes. You are responsible for regularly reviewing this Agreement. Your use of the Websites following any such change constitutes your agreement to follow and be bound by this Agreement as changed. If any change is unacceptable to you, your only recourse is to terminate your use of the Websites. Whenever you use or access any of these Websites, the current version of this Agreement will apply.
Acceptable Site Use:
- Copyright and Proprietary Rights
The entire contents of the Websites, including the text, graphics, images, logos, button icons, HTML code, and other material are copyrighted by the ESA under the copyright laws of the United States (Title 17, U.S. Code). User agrees not to remove or obscure copyright notices appearing anywhere in or on the Websites. ESA grants no copyright or ownership interests to You for any of the material and proprietary information referred herein belonging to ESA. Permission to use content may be granted in special circumstances on a case-by-case basis. Please direct any request to use content to firstname.lastname@example.org.
- Name and Logo
User agrees not to use the name of ESA or its logo for any promotional or commercial purpose or any other purpose without the prior written consent of ESA. Please direct any request to use content to email@example.com.
- Prohibited Use
User agrees not to modify, alter, or create derivative works of the material contained in or on the Websites without prior written permission from ESA.
User agrees not to post any false or inaccurate biographical information or share User's password with any third party.
User agrees not to do anything that interferes with the proper working ability of the Websites. This includes activity that can overload the Websites’ infrastructure, use of software or other device other than that which is available from the Society, tampering with the software that makes up the Websites, and destroying or changing information posted by any other person. Users are prohibited from violating or attempting to violate the Websites’ security.
User agrees to comply with all applicable laws, as well as with this Agreement.
User may not post material that is copyrighted without first obtaining proper written consent from the copyright owner.
- Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. ESA reserves the right to remove any material on the Websites which allegedly infringes another person's copyright. Notices to ESA regarding any alleged copyright infringement on the Websites should be directed to: firstname.lastname@example.org.
You understand and agree not to use the Websites (which include ESA blogs and communities):
- To post content or initiate communications which are unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable.
- Use the Websites for any illegal purpose, including but not limited to conspiring to violate laws.
- Falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present.
- Upload, post, email, transmit or otherwise make available any content or initiate communications which include information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
- Upload, post, email, transmit or otherwise make available any content or initiate communication that infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights.
- Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
- Stalk or harass anyone.
- Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Websites.
ESA may from time to time monitor or review discussions, postings, transmissions and other information or material on the Websites; however, ESA is under no duty to do so and assumes no responsibility or liability arising from such matters nor for any error, defamation, libel, slander, omission, obscenity, pornography, or inaccuracy contained in any such discussion, posting or transmission.
Waiver of Liability:
ESA makes every effort to keep its Website content accurate and current. But the content that is posted on the Websites may contain inaccuracies or typographical errors. ESA makes no representation about the accuracy, reliability, completeness, or timeliness of the services or the content posted.
ESA makes every effort to operate its Websites in a safe environment. But ESA does not warrant that the Websites will operate error-free or that their servers are free of computer viruses or other harmful mechanisms. If your use of the Websites result in the need for servicing or replacing equipment or data, ESA is not responsible for those costs.
ESA is not responsible, and makes no representations or warranties for the delivery of any messages.
Waiver of Warranties:
Some countries and jurisdictions do not allow the disclaimer of implied terms in contracts with consumers and as a result the contents of this section may not apply to you.
Do not rely on the Websites, any information therein, or its continuation. ESA provides the Websites on an “as is” and “as available” basis. We do not provide any express warranties or representations.
To the fullest extent permissible under applicable law, ESA disclaims any and all implied warranties and representations, including, without limitation, any warranties of merchantability, or fitness for a particular purpose, title, and non-infringement.
Waiver and Severability:
The failure of ESA to exercise or enforce any right or provision in Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and enforced to the fullest extent of the law and shall not affect the validity or enforceability of any remaining provisions herein.
Third Party Web Sites:
ESA may provide links, in its sole discretion, to other sites for Your convenience in locating information and services. These sites have not necessarily been reviewed by ESA and are maintained by third parties over which ESA exercises no control.
ESA MAKES NO WARRANTY OF ANY KIND IN CONNECTION WITH ANY THIRD PARTY SITE OR ANY INFORMATION, PRODUCTS, SERVICES, OR MATERIALS AVAILABLE ON OR THROUGH ANY THIRD PARTY SITE.
ESA does not endorse, and shall not be liable in connection with, the content, the accuracy of the information, and/or quality of products or services provided by or advertised on these third-party web sites. Use of third party sites is at Your own risk.
Termination of Account:
ESA reserves the right in its sole discretion to terminate Your access to all or a portion of ESA's Websites at any time without notice.
WAIVER AND RELEASE:
To the fullest extent permitted under applicable law, you agree and hereby and forever waive and release ESA, its directors, officers, employees, volunteers, representatives, agents, and others acting on its behalf or at its discretion from any and all actions, claims, and demands, of any kind whatsoever, arising out of or relating to this Agreement, except to the extent that a claim is based upon the willful misconduct or gross negligence of the person or entity against whom it was raised
Limitation of Liability:
YOUR USE OF AND BROWSING IN THIS WEBSITES ARE AT YOUR OWN RISK. IN NO EVENT SHALL ESA NOR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE WEBSITES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ESA OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Choice of Law:
You agree and stipulate that this Agreement shall be deemed to have been entered into by both me and ESA in the State of Maryland. This Agreement and any action shall be governed by and construed and enforced in accordance with the State of Maryland and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Maryland, for any litigation arising out of or relating to the use of the Websites, waive any objection to the venue of any such litigation in the federal or state courts in the State of Maryland and agree not to plead or claim in any State of Maryland court that such litigation brought therein has been brought in an inconvenient forum.
ESA Terms and Conditions of Membership Agreement
Effective Date: November 28, 2018
Thank you for being a part of the global network of entomologists and others in related disciplines around the world who share their passion for insect science through membership in the Entomological Society of America. Please read these Terms and Conditions (the “Agreement”) carefully before applying to become an ESA member, or before renewing your membership. In consideration of ESA accepting your application and payment for membership, you agree to be bound by this Agreement. This Agreement overrides any contrary terms or conditions published in relation to any membership between you and ESA.
- Please see the current ESA bylaws for categories, qualifications, terms and privileges of membership.
- ESA is an individual membership society, which means if you change jobs or pursue a new opportunity, your membership and benefits go with you. You may not transfer your membership to another person.
- We reserve the right to change the pricing and benefits that apply to ESA membership at any time without prior notice. Typically any price changes are made January 1. Current member benefits may be found here.
- You are responsible for keeping your login and password private. ESA cannot and will not be held responsible for any loss or damage from your failure to maintain the security of your login credentials.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the ESA services, without the express written permission by the ESA.
- If you wish to cancel your membership and request a refund, you must inform us in writing as to the reason for cancellation – email@example.com. Consideration will be given to your request, but we are not obliged to issue a refund.
- All ESA members are visible in our online membership directory, which is available to facilitate the contact between members. If you do not wish for your name and/or contact information to be displayed in this directory, you can inform us and we will remove your record from the directory. You will not use any information from ESA’s member directory to generate mailing lists, email lists, phone lists, or other lists for any commercial purposes. You agree not to share, release or sell any data from this directory to any third party. ESA also reserves the right to remove any member from this directory listing.
- If you use ESA’s online community forum, you agree to abide by ESA’s Community Participation Guidelines.
- You agree to comply with all applicable laws, as well as with this Agreement.
PRIVACY AND COMMUNICATIONS:
- You will allow ESA to contact you about programs and services we believe may be of interest to you. You may modify your email preferences at any time by subscribing or unsubscribing to various ESA email communications by logging into your member dashboard and clicking, “ESA Email Subscription Management Tool” or by clicking here subscription management tool. Note that members may manage all e-mail communications, except those relating to society transactions.
- You agree to ESA’s Privacy Statement and Cookie Statement.
CODE OF CONDUCT:
- You will abide by ESA’s Code of Conduct, Ethics Statement, Publishing Code of Conduct Policies, ESA’s Community Participation Guidelines, and any other policies approved and communicated by ESA.
WAIVER AND RELEASE:
- To the fullest extent permitted under applicable law, you agree and hereby and forever waive and release ESA, its directors, officers, employees, volunteers, representatives, agents, and others acting on its behalf or at its discretion from any and all actions, claims, and demands, of any kind whatsoever, arising out of or relating to this Agreement, except to the extent that a claim is based upon the willful misconduct or gross negligence of the person or entity against whom it was raised.
Limitation of Liability:
TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL ESA’S LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL PUNITIVE, OR ANY OTHER KIND OF DAMAGES, INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES, LOSS OF BUSINESS, REVENUE, PROFITS OR OTHER ECONOMIC ADVANTAGE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND DEFAMATION), OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO (1) MY APPLICATION AND/OR THESE TERMS, (2) THE RELINQUISHMENT, REVOCATION, AND/OR TERMINATION OF MY MEMBERSHIP, (3) ESA’S RELEASE OR DISCLOSURE OF ANY INFORMATION, WHETHER THE INFORMATION IS OR WAS CONFIDENTIAL, PRIVATE, OR OTHERWISE, EXCEED MY FEES PAID TO ESA. LIABILITIES SHALL BE LIMITED AND EXCLUDED, EVEN IF ESA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Choice of Law:
You agree and stipulate that this Agreement shall be deemed to have been entered into by both me and ESA in the State of Maryland. This Agreement and any action shall be governed by and construed and enforced in accordance with the State of Maryland and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the federal or state courts in the State of Maryland, for any litigation arising out of or relating to this Agreement, waive any objection to the venue of any such litigation in the federal or state courts in the State of Maryland and agree not to plead or claim in any State of Maryland court that such litigation brought therein has been brought in an inconvenient forum.