In order to participate in certain Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the Services in which you choose to participate, those additional terms are hereby incorporated into the Terms. We may, in our sole discretion, revise the Terms at any time. We will use commercially reasonable efforts to notify you of any material changes to the Terms; however, you should visit this page periodically to review it each time you use the Site.
1. User Eligibility
Use of the Site and the Services is void where prohibited by law. By using the Site and the Services, you represent and warrant that: (i) all information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 13 years of age or older; and (iv) your use of the Services does not violate any applicable law or regulation. If you are less than 13 years of age, you must have your parent or guardian read and agree to these Terms before using our Site. Children without parental or guardian consent to be a Subscriber may be terminated as a Subscriber by us at any time, without warning. The Site and the Services are for personal use only.
The Terms shall remain in full force and effect while you use the Site or are a Subscriber. You may review, modify or remove any Personal Information you submit to the Site at any time, for any reason, by contacting us. We may terminate you as a Subscriber at any time, without warning. Even after you are terminated as a Subscriber, the Terms will remain in effect.
3. Use of Site Material
When using this Site, we requires Visitors and Subscribers to respect the intellectual property rights we have in the Site’s contents, such as text, graphics, images and other content (the “Site Material”). We also require Visitors and Subscribers to respect the intellectual property rights of others when using the Site.
We hereby grant you a limited, revocable, nonsublicensable license to view and download a single copy of the Site Material for your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy you make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Use of the Site Material on any other website or in a networked environment is prohibited. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, owned by or licensed to us.
4. User Content
We welcome your comments on the Site, on our products, and on the Services. However, you acknowledge that if you send us creative suggestions, ideas, notes, drawings, concepts, inventions, images, graphics, pictures or other similar types of content (collectively, the “Content”), such Content shall be deemed, and shall remain, our property. As a Visitor or Subscriber of this Site, you are responsible for any Content or communications you submit to the Site and are responsible for any consequences resulting from such Content or communications. Therefore, you agree not to do any of the following: (i) transmit to us material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to send it; (ii) send material that reveals trade secrets, unless you own them or have the permission of the owner; (iii) send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; (iv) send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; (v) send sexually-explicit images; (vi) send advertisements or solicitations of business; (vii) send chain letters or pyramid schemes, or (viii) impersonate another person. The violation of any of the terms and conditions set forth in the Terms shall result in the immediate revocation of your right and license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
It is our policy to terminate Subscribers who repeatedly infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner’s legal agent. We ask all Visitors and Subscribers to inform us immediately if they have reason to suspect that any material submitted by a Visitor or Subscriber infringes someone’s intellectual property rights.
If you believe your copyrighted work has been submitted to us in a way that constitutes copyright infringement, please provide our designated agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. Our designated agent for notice of claims of copyright infringement can be reached as follows:
The Children’s Science Center
2214 Rock Hill Road, Suite 380
Herndon, VA 20170
Attn: Office of Privacy
5. Prohibited Activities
The following is a partial list of the kind of activity that is illegal or prohibited on the Site and through your use of the Services. Prohibited activity includes, but is not limited to:
a) criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
b) covering or obscuring the banner advertisements on any page of the Site via HTML/CSS or any other means;
c) any automated use of the Site or the Services, such as using scripts to add Subscribers, Visitors or send comments or messages;
d) interfering with, disrupting, or creating an undue burden on the Site, the Services or the networks or services connected to the Services;
e) attempting to impersonate another Visitor, Subscriber or person;
f) using any information obtained from the Site or the Services in order to harass, abuse, or harm another person;
g) accepting payment or anything of value from a third person in exchange for your performing any commercial activity on the Site or through the Services on behalf of that person; or
h) using the Site or the Services in a manner inconsistent with applicable laws and regulations.
6. Termination of Subscribers
We reserve the right to terminate Subscribers and prevent their further access to the Site for violating the Terms, or the law. We also reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates Sections 7 and 8, including, reporting such violations to law enforcement authorities. The violation of any of the terms and conditions set forth in the Terms shall result in the immediate revocation of your right or license to use the Site Material and obligates you to immediately destroy any copies of the Site Material in your possession.
Despite the prohibitions in Sections 7 and 8, Content provided by other Subscribers or Visitors may contain inaccurate, inappropriate, offensive or sexually explicit material, products, services or activities, and we assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time we chooses, in its sole discretion, to monitor the Site or Services, we nonetheless assumes no responsibility for such Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the Subscriber or Visitor submitting any such Content.
While we encourage you to become a Subscriber and send us Content, you must carefully choose what you will submit. You are solely responsible for the Personal Information and Content that you submit to the Site and any material or information that you transmit to other Visitors or Subscribers.
8. Retention of Personal Information
With the exception of your credit card information, which is not retained by us, we shall retain any Personal Information you submit to us to become a Subscriber for your duration as a Subscriber unless we deems such Personal Information to be in violation of the Terms or until such time as you decide to remove such Personal Information. Content submitted to the Site that we deem to be in violation of the Terms will be immediately and permanently deleted. You understand that backup copies of deleted Personal Information may persist for a reasonable period of time in backup copies but will not be available to others.
The Site may contain links to third party websites. We are not responsible for content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked third party website on the Site does not imply approval or endorsement by us of the linked website. WHEN YOU ACCESS THESE THIRD-PARTY WEBSITES, YOU DO SO AT YOUR OWN RISK.
10. Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
11. Communications With You
We may communicate with you via email regarding your use of the Site or your submission of Personal Information or Content. You agree to receive emails and mobile communications from us, necessary for the normal functioning of the Site or in connection with the Services. You are responsible for all telecommunications charges relating to your use of the Services, including but not limited to any charges for text messages that are sent to you by us.
12. Limitation of Liability
You understand and agree that we shall not be liable for any direct, indirect, special, consequential, incidental or punitive damages, (including without limitation damages resulting from lost data) resulting from the use or inability to use the Site, the Site Material, or the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not we is advised of the possibility of such damages.
13. Disclaimer of Warranties
Although we strive for accuracy in all elements of the Site, it may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness, or timeliness of the Site Material or about the results to be obtained from using the Site or from relying on the Site Material. YOU USE THE SITE, THE SERVICES AND THE SITE MATERIAL AT YOUR OWN RISK.
We cannot be responsible for the violation of the Terms by Visitors or Subscribers, or for the reliance by Visitors or Subscribers upon false or misleading Information submitted by other Visitors or Subscribers. We is not responsible for the conduct, whether online or offline, of any Subscriber or Visitor using the Site or the Services.
We do not warrant that (i) the Site will operate error-free (ii) the Site and its web servers are free of computer viruses, worms or other harmful material (iii) the quality of any products, services, information or other material obtained by you through the Site or in connection with the Services will meet your expectations (iv) the Site will operate in perpetuity. WE ASSUMES NO RESPONSIBILITY OR LIABILITY FOR ANY LOST DATA, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY VISITOR OR SUBSCRIBER COMMUNICATION. WE IS NOT RESPONSIBLE OR LIABLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY EMAIL DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO A VISITOR’S OR SUBSCRIBER’S COMPUTER OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES.
Under no circumstances shall we, our officers, directors, employees or agents be responsible for any loss or damage, including personal injury or death, resulting from use of the Site or the Services, from any Content submitted to the Site or through the Services. We shall not be responsible if your use of the Site or the Site Material results in any costs or expenses, including, without limitation, the need for servicing or replacing equipment, data or Content submitted.
YOUR USE OF THIS SITE, THE SITE MATERIAL AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
By using the Site, the Site Material and the Services, you agree to defend, indemnify, and hold harmless we, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that we may become obligated to pay arising or resulting from your use of the Site, the Site Material, the Services, or your breach of the Terms. We reserve the right to assume or participate, at your expense, in the investigation, settlement and defense of any such action or claim.
15. Governing Law
The Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of laws principles. You agree to submit to the jurisdiction of the courts located in Virginia with respect to any dispute, disagreement, or cause of action related to or involving the Site, the Site Material or the Services. If any provision of the Terms is found invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. No waiver of any term of the Terms shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on the Site, these Terms constitute the entire understanding between the parties respect to your use of this Site, the Site Material and the Services.
Effective: July 16, 2014