Effective Date: 3.14.12
Terms of Service
The following Terms of Service ("Terms") document details the legal terms and conditions that govern your use of services provided to you by COIN, including content services ("Content", such as text, images, graphics, data or other materials), and products and services ("Service or Services") provided through www.nanobiotech.org, including all elements, software, programs and code comprising or incorporated in to www.nanobiotech.org.
These Services are provided and operated by COIN, Center of Innovation for Nanobiotechnology ("COIN"). COIN is also referred to in these Terms as "we", "our", and "us".
By using our Service, you agree to be bound by Section A of these Terms ("General Terms"). The General Terms contain provisions that are applicable to all users of our Service, including visitors to the COIN website and/or affiliated sites (the "Sites"). If you choose to register as a Member of our Service, you will be asked to check a box indicating that you have read, and agree to be bound by, the additional terms set forth in Section B ("Additional Terms").
Section A: General Terms
All brand, product and service names used in this Service which identify COIN or third parties and their products and services are proprietary marks of COIN and/or the third parties. Nothing in this Service shall be deemed to confer on any person or entity any license or right on the part of COIN or any third party with respect to any such name, image, logo or brand.
COIN is, unless otherwise indicated, the owner of all copyright and data rights in the Service and its contents. Individuals who have posted works to the Sites, or submitted art, articles, papers or other copyrightable content are either the copyright owners of the of that work and its component parts, or are posting the work under license from a copyright owner or his or her agent or otherwise as permitted by law. You may not reproduce, distribute, publicly display or perform, or prepare derivative works based on any of the Content including any such works without the express, written consent of COIN or the respective owner of copyright in such works. COIN does not claim ownership rights in your works or other materials posted by you ("Your Content") to the Sites. You agree not to distribute any part of the Service other than Your Content in any medium other than as permitted in these Terms of Service or by use of functionality available via the Service provided by us. You agree not to alter or modify any part of the Service unless expressly permitted to do so by us or by use of functionality of the Service provided by us.
4. Copyright Violations
At COIN's discretion and/or in appropriate situation, as in the case of reported copyright violations, COIN may remove Your Content uploaded to the Site, or any portion thereof, including calls for entry to COIN competitive events or exhibitions, terminate the accounts of users or prevent access to the Site by users who may be infringing on other's intellectual property rights.
See the COIN Copyright Policy document for details regarding how to file a notification of alleged copyright infringement and how to file a counter-notification.
5. Third Party Software and/or Services
COIN sites are optimized for current browsers and media players, and other types of third party software. At any time, as a convenience to COIN or to the Site user or Member, we may make third-party software available through the Service. This may include, but is not limited to: links to updated browsers, Flash players, PDF readers; text editors or cloud-based software tools, including mobile apps. To use the third-party software, you must agree to the terms and conditions imposed by the third party provider and the agreement to use such software will be solely between you and the third party provider. By downloading third party software, you acknowledge and agree that the software is provided on an "AS IS" basis without warranty of any kind. In no event shall COIN be liable for claims or damages of any nature, whether direct or indirect, arising from or related to any third-party software downloaded or used by you through the Service.
6. External Links
COIN or user-created content on the site may provide links to third-party websites and/or resources. You acknowledge and agree that COIN is not responsible or liable for: the availability or accuracy of such websites or resources; or the Content, products, or services on or available from such websites or resources. Such links to other websites or resources do not imply any endorsement by COIN of such websites or resources or the Content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your linking to, or use of any such websites or resources.
This Service is provided by COIN on an "AS IS" and "AS AVAILABLE" basis and COIN reserves the right to modify, suspend or discontinue the Service, in its sole discretion, at any time and without notice. You agree that COIN is and will not be liable to you or any parties related to you or your information, data or content, for any modification, suspension or discontinuance of the Service.
You agree that you shall not interfere with or disrupt (or attempt to disrupt or in any way interfere with) this Service or any parts of it's functionality, or servers or networks connected to this Service, or to disobey any requirements, procedures, policies or regulations of networks connected to this Service; or provide any information to COIN that is false or misleading, that you do not have the right to disclose or that attempts to hide or mask your identity. COIN does not endorse any content placed on the Service by you, by third parties, or any opinions or advice contained in such Content. You agree to defend, indemnify, and hold harmless COIN, its Members, Site Members, officers, directors, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and expert fees, arising out of or in any way connected with your access to or use of the Services, or your violation of these Terms.
9. Disclaimer of Warranty and Limitation of Liability
COIN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THE SERVICE, OR THE CONTENT OR PRODUCTS, PROVIDED THROUGH THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. COIN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. COIN MAKES NO WARRANTY AS TO THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THIS SERVICE. YOU SPECIFICALLY ACKNOWLEDGE THAT COIN IS NOT LIABLE FOR YOUR DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT, OR SUCH CONDUCT BY THIRD PARTIES, AND YOU EXPRESSLY ASSUME ALL RISKS AND RESPONSIBILITY FOR DAMAGES AND LOSSES ARISING FROM SUCH CONDUCT. EXCEPT FOR THE EXPRESS, LIMITED REMEDIES PROVIDED HEREIN, AND TO THE FULLEST EXTENT ALLOWED BY LAW, COIN SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF COIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON CERTAIN WARRANTIES OR DAMAGES. THEREFORE, SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL COIN'S AGGREGATE LIABILITY TO YOU EXCEED THE AMOUNTS PAID BY YOU TO COIN PURSUANT TO THIS AGREEMENT.
10. Amendment of Terms
We reserve the right to amend these Terms from time to time, for any reason, at our sole discretion. If you have registered as a Site Member, we shall notify you of any material changes to these Terms (and the effective date of such changes) by sending an email to the address you have provided to COIN for your account. For all other users, we will post the revised terms on the Site. If you continue to use the Service after the effective date of the revised Terms, you will be deemed to have accepted those changes. If you do not agree to the revised Terms, your sole remedy shall be to discontinue using the Service.
These Terms constitute the entire agreement between COIN and you with respect to your use of the Service. COIN's failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision. If a court should find that one or more provisions contained in these Terms are invalid, you agree that the remainder of the Terms shall be enforceable. COIN shall have the right to assign its rights and/or delegate its obligations under these Terms, in whole or in part, to any person or business entity. You may not assign your rights or delegate your obligations under these Terms without the prior written consent of COIN. These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts of the State of North Carolina.
12. Comments or Questions
If you have any comments or questions about the Service please contact us by email at email@example.com
Section B: Additional Terms
13. Registration and Site Member Accounts
To register as a Member of the Service, you must be at least18 years of age or lawfully permitted to enter into and form contracts under applicable law. Minors may not directly submit Content to the Service. Any content from minors must be submitted by a teacher, (or teachers), as part of a Youth or Student section on the COIN website, or with the consent and supervision of the minor's parent or legal guardian.
You agree that the information that you provide to us upon registration, at the time of purchase, and at all other times will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up to date at all times. This is especially important with respect to your email address, since that is the primary way in which we will communicate with you about your account and changes to the Service.
By registering as a Site Member, you agree to allow us to contact you via the email address you submitted in your Member registration form.
When you register as a Site Member you will be provided with a temporary password and asked to change your password to a strong password you can remember upon first, and subsequent, log-ins. We define a strong password as containing at least 14 characters: characters may include both letters in upper- and lower-case, plus numbers, and punctuation marks.
You are responsible for safeguarding your password and you agree not to disclose your password to any third party. You agree that you shall be solely responsible for any activities or actions under your password, whether or not you have authorized such activities or actions. You shall immediately notify COIN of any unauthorized use of your password.
15. Submitting Content
Member Profiles - As a registered Member of the Service, you will be granted the privilege of posting information and files to your Member Profile page, in a variety of forms and media including, text (.txt, .rtf and HTML), images (.jpg), audio (mp3), documents (.pdf) for display in your Profile page on the Sites, subject to your compliance with the Terms.
Groups, Message Boards, Forums and Chat Rooms - As a registered Member of the Service, you will be granted the privilege of participating in groups and forums on the COIN website as part of the Service, which means you may post Your Content in the form of text in these areas of the Sites, subject to your compliance with the Terms.
Individual COIN Member Profile and Member communication features and services will made available (or unavailable), change or expand from time to time, at COIN's sole discretion.
Other Content and Materials - As a registered Member of the Service, you will also be granted the privilege of submitting certain types of Your Content, (such as artwork), or the Content of a minor (as the minor's teacher, parent or legal guardian), for display on Member accessible or public areas of the Sites, subject to your compliance with the Terms.
16. Copyright in Your Content
COIN does not claim ownership rights in Your Content. For the sole purpose of enabling us to make your Content available through the Service, and across the World Wide Web, you grant to COIN a non-exclusive, royalty-free license to reproduce, distribute, re-format, store, prepare derivative works based on, and publicly display and perform Your Content.
Please note that when you upload Content, third parties will be able to copy, distribute and display your Content using widely available computer-based tools for this purpose. COIN assumes no responsibility for unauthorized use of your Content by third parties. By using the Services, you agree that the COIN cannot be held liable for any damages resulting from such unauthorized use of your Content.
17. Monitoring Content
COIN has no ability to control the Content you may upload, post or otherwise transmit using the Service and does not have any obligation to monitor such Content for any purpose. You acknowledge that you are solely responsible for all Content and material you upload, post or otherwise transmit using the Service.
18. Storage Policy
At this time, COIN provides free online storage of Your Content to registered Members of the Service. However, you acknowledge and agree that COIN may, at its option, establish limits concerning your use of the Service, including without limitation the maximum number of days that Your Content will be retained by the Service, the maximum size of any individual Content files that may be stored on the Service, the maximum aggregated disk space that will be allotted to you for the storage of Your Content on COIN's servers. Furthermore, you acknowledge that COIN reserves the right to terminate or suspend accounts that are inactive, in COIN's sole discretion, for an extended period of time (thus deleting or suspending access to your Content). Without limiting the generality of Section 9, COIN shall have no responsibility or liability for the deletion, loss or failure to store any Content maintained on the Service and you are solely responsible for creating back-ups of Your Content. You further acknowledge that COIN reserves the right to modify its storage policies from time to time, with or without notice to you.
You agree to be subject to and to conduct yourself in accordance with the COIN Conduct Policy outlined in section 19b below. You are responsible for all of Your Content you upload, download, and otherwise copy, distribute and display using the Service, or for any of the Content you upload, download, and otherwise copy, distribute and display using the Service on behalf of a minor. You must have the legal right to copy, distribute and display all parts of any content that you upload, download and otherwise copy, distribute and display. Content provided to you by others, or made available through websites, magazines, books and other sources, are protected by copyright and should not be uploaded, downloaded, or otherwise copied, distributed or displayed without the consent of the copyright owner or as otherwise permitted by law.
19A. COIN Site Conduct Policy
You agree not to use the Service: for any unlawful purpose(s);to upload, post, or otherwise transmit any material that is obscene, offensive, pornographic, threatening, abusive, condoning or containing hate speech, aiding any form of terrorist activity or terrorist organization, harmful, an invasion of privacy rights, any form of online stalking, defamatory, libelous, vulgar, or otherwise illegal or objectionable; to upload, post, or otherwise transmit any material that infringes any copyright, trade mark, patent or other intellectual property right or any moral right or artist's right of any third party including, but not limited to, COIN or to facilitate the unlawful distribution of copyrighted content or illegal content; to harm minors in any way, including, but not limited to, uploading, posting, or otherwise transmitting content that violates child pornography laws, child sexual exploitation laws or laws prohibiting the depiction of minors engaged in sexual conduct, or submitting any personally identifiable information about any child under the age of 13; to forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; to upload, post, or otherwise transmit any material which is likely to cause harm to COIN or anyone else's computer systems, including but not limited to that which contains any virus, worm, trojan horse, code, data or other files or programs designed to damage or allow unauthorized access to the Service which may cause any defect, error, malfunction or corruption to the Service; for any commercial purpose, except as expressly permitted under these Terms; to sell access to the Service on any other website or to use the Service on another website for the primary purpose of gaining advertising or subscription revenue other than a personal blog or social network where the primary purpose is to display content from COIN by hyperlink and not to compete with COIN.
19B. Commercial Activities
Commercial activities mean the offering, solicitation or sale of goods or services by anyone other than COIN. Commercial activities with respect to the arts, (including, but not limited to, posting promotional material for an art-related exhibition, fundraiser or art opening), are permitted for registered Members acting as individuals, for small corporations or partnerships engaged primarily in art-related or business activities in which one or more of the principals is a registered Site Member. Commercial activities in the form of paid advertising on the Service are subject to the terms and conditions relating to the purchase of such advertising. No other commercial activities are permitted on or through the Service without COIN's written approval. Any interactions with Members of the Service regarding commercial activities including payment for and delivery of goods and/or services and any terms related to the commercial activities including conditions, warranties or representations and so forth are solely between you and the other Site Member, or Site user. Paragraph 9, above, of these Terms of Service specifically applies with respect to commercial activities.
19C. Groups, Message Boards, Forums and Live Chat
As a registered Member of the Service, you will also be able to participate as an Administrator or Member of a "Group", including "Message Board", "Forums" or "Live Chat Sessions", which is a set of user pages and applications formed for the purpose of collecting content, discussions, planning and organizing Site Members with common goals or interests.
You agree to participate in a Group on the basis of its own rules consistent with these Terms of Service, the conduct set out in paragraph 19, above, and such other rules created by us for Groups from time to time including with respect to the use of Groups for commercial activities.
As an administrator or participant in a Group you acquire no ownership rights over the Group, the Group applications provided by us or over the right to conduct the activities of the Group.
Any Content submitted to a Group remains, as between the Group and the user submitting such content, the property of the person or entity who submitted the content.
Groups are managed by registered Members of the Service and not by us. We are not responsible for the conduct of Group participants or administrators and will not interfere with the management or society of any specific Group or the rules it establishes for itself as long as they are consistent with these Terms of Service and our policies.
Groups may not be used to collect personal data about participants in Groups without the participant's express permission.
The Group application permits us to take appropriate action should intervention become necessary as a result of a violation of the Terms of Service or of any other of our policies. We can remove a Group Member, a Group and/or the Group's privileges at any time at our discretion.
The use in a Group name of trademarks or distinctive trade names of properties, goods or services is subject to objections from the owner of the marks and names. COIN will respond to such objections by requiring an appropriate change in the name of the Group. The use of trademarks and trade names in Group names otherwise must be descriptive of Group activity or purpose. To avoid copyright issues, Groups wishing to name themselves after trademarked properties must include a further description in its name of the type of Group it expects to be such as "Bio Inspired Nano Art and Animation using Maya" instead of simply "Maya."
20. Suspension and Termination of Access and Membership
You agree that COIN may at any time, and without notice, suspend or terminate any part of the Service, or terminate your membership and delete any Content stored on any COIN Site, in COIN's sole discretion, if you fail to comply with the Terms or applicable law.
COIN honors and respects your privacy.
What we collect
In various points on the COIN Sites, we collect “Personally Identifiable Information,” such as your name, telephone number, e-mail address, or other information that can be used to contact you or identify you as an individual. We collect this kind of information to create an COIN Member Account when you register for membership and/or special services (e.g., a COIN Conference), sign up for e-mail newsletters and/or purchase COIN products or services. We may offer, at any time, additional features, services, and promotional opportunities that will require you to submit Personally Identifiable Information in order to participate.
We also collect “Anonymous Information” used for tracking and optimizing your user experience, such as your IP address, the type and version of browser you use, the pages on our Sites that you have visited, and the sponsor logos or advertisements that you have clicked on. (For example, the COIN Sites are optimized for the most recent browser capabilities. If we detect that you are using an obsolete browser, one that may not display our site features properly, we can alert you and recommend that you download the most recent browser version and provide a link for you to do so.) In some cases, (as when you are logged-in as a Site Member) your Anonymous Information may be linked to your Personally Identifiable Information as you navigate the site.
Sponsors or advertisers that may appear on the COIN Sites may also place cookies on your computer when you click on their button, logo or advertisement, for similar tracking reasons. The use of that information is subject to their own privacy policies. Please visit their sites to learn about their specific privacy practices.
However, in any case, advertisers or other third-party companies, individuals or organizations do not have access to the cookies that COIN collects.
Children under the age of 13 may not become Site Members
We do not intend that children under the age of 13 years will use our sites. We do not solicit or knowingly collect information from children under the age of 13. The work of a child under the age of 13 may appear on the COIN Sites, but only in the context of a "student art exhibition" hosted by a school or other arts program, and posted by their instructor/teacher(s). However, in no instance will we knowingly accept registration to create a Member Account from children under the age of 13 years, even with the permission of their teacher, parent or legal guardian. If it is found that a child under the age of 13 has misrepresented his or herself in order to secure a COIN Site Membership, their Membership Account will be immediately terminated.
How we use the information we collect
We use Personally Identifiable Information that you provide to communicate with you, to process orders for COIN products and services, to customize advertising and content available on the COIN Sites, to track Site usage and conduct research for internal purposes and, in general, to use such information to improve the COIN Sites and our services to you. If you have uploaded Artist Content pursuant to the Terms of Service you have also authorized COIN to use your name and biographical materials publicly for advertising and promotional purposes.
If you so choose, we will also use it to send you information about products and services that may be of interest to you.
We use information that is not personally identifiable to determine how people use our web site and its services. For example this data tells us information including how often users click on our advertisements, which files are downloaded most frequently, and which areas of our site are the most popular. Analyzing this data allows us to improve the offerings on and performance of our site(s). Using your IP address, we can also determine the general physical location of a user and may at times, at our sole discretion, use this information to better target advertising to users.
You may opt-out of the use of Google DART cookies by visiting the Network Advertising Initiative Consumer Opt-Out Tool at http://www.networkadvertising.org
How we share information
Except as noted in this document, COIN does not share your Personally Identifiable Information with third parties unless you give us your permission or we need to share such information in order to provide products or services that you have requested. For example, we use third parties to help with some of the products and services available on our site, such as processing payments and fulfilling orders for products through the COIN Shop. We also engage third parties to assist us by tracking the number of visitors to the Sites that have "clicked-through" from specified promotions on third party sites and those visitors' activities on the COIN Site. When we supply personally identifiable information to these third parties, we require them to use it only for the function they are helping us with.
When you see parts of our site with a prominent brand of another company, information you supply (or authorize for use) in that part of the site may be shared with the other company that is cooperating in providing the service. For example, if a software corporation were to sponsor a COIN conference, information about the attendees who register through a COIN Site would be shared with the sponsor. Please visit that company’s site to learn more about their information practices.
We aggregate the Anonymous Information that we collect and exchange it with sponsors and others who are interested in our services.
Communications and newsletter choices: opt-in, opt-out
When you register for membership at the COIN Site, you have the option of checking a box to tell us that you want us to send you a COIN email newsletter ("opt-in").
If you opt-in to receive the COIN email newsletter, but change your mind, you can opt-out at any point by going by clicking on the "Unsubscribe" or "Manage Your Subscription" link in the newsletter you have received in your email box to change your settings. You will be removed from the COIN email list but will still remain a COIN member. Should you change your mind, you can opt-in again at any point by going to the "Manage Your Subscription" link in a previous email and changing your email subscription settings.
You can also contact COIN, in writing, at 303 South Roxboro St. Suite 30, Durham, NC 27701 and request to be removed from the COIN mailing list.
When you register for membership at the COIN Site, you also have the option of checking a box to tell us that you do not want us to send you a COIN email newsletter.
Even if you choose not to receive email newsletters or other information from us, we reserve the right to communicate with you on matters we consider especially important, such as new site features or changes to the log-in, password, or other security procedures.
You may review the Personally Identifiable Information we have on file by logging in and clicking the Edit, then the Account tabs on your user page after logging-in. Once there, there you may modify information that is incorrect on your profile. You can also change your permission for us to send you e-mail newsletters from the email newsletter link in your profile.
To delete your Personally Identifiable Information, you must manually change your data fields to null values. Otherwise, your data is retained indefinitely. Please note that the public comments made by a user in a chat room or a forum cannot be deleted. Moreover, since, Anonymous Information is not identifiable as originating with you; it cannot be reviewed or changed by you.
We may change this policy from time to time. While we will usually indicate major changes by notice on our site, please check here from time to time to see if there is a revised policy posted.
Publicly posted information
If you register as a member of the COIN Sites and make postings to Chat sessions, Forums, Message Boards or your Member Account page, please remember that anything you post is publicly available. The user name you have chosen during the registration process is visible to all users of the Site. Your user page may also show certain statistics regarding your use of the Site, such as the date you became a member, how long ago you last visited the Site, the categories of materials you have posted. Your user profile, and the information you choose to include in your profile, will also be available to other users of our Chat rooms, Forums and Message Boards, and to visitors that access your personal Member Profile page. COIN does not control, and is not responsible for, the use of any information or content that you have exposed to the public through your use of the COIN Sites.
We keep the Personally Identifiable Information you provide on servers that are protected by technological means against intrusion or unauthorized access. They are located in a physically secure facility, and only our employees and agents with a need to know the information are given access. While no amount of security can give a perfect guarantee, you can have a high degree of confidence that the Personally Identifiable Information you give us is protected from unauthorized access and use. We rely on you to select passwords that cannot be guessed easily ("strong passwords") and to safeguard those passwords from disclosure. Please contact us if you have any information regarding unauthorized use of the COIN sites.
If you have questions about this Statement or our policies, please contact us: Email: firstname.lastname@example.org