Terms and Conditions

Terms of Use for AFM Web Site

Policies and Guidelines

Your Acceptance

By employing/using or visiting the AFM website, you concede to be restricted by the terms and conditions or terms of use as designated by the website and the AFM privacy notice, which hereafter is included in the agreement. If you reject any of the terms and conditions as outlined by the AFMprivacynotice, you are hereby requested to refrain from using this website.

By using this website, you enter into a competent and fully incorporated relation based on terms, conditions, responsibility to uphold its guidelines and to maintain such affirmations, warranties and obligations which are set forth in the terms and conditions of the AFM website, to abide any such guidelines and terms of use.

Conditioned on the fact that you accept all terms and conditions as set forth in the AFM website, you have the explicit permission to use and access the website.

The AFM Website

  1. The terms of use and conditions are subjected to the users of the American Association for the Advancement of Science, i.e. AFM, and composition of website contributing the information, video and other graphical content and other materials and services available on the website. Throughout these guidelines, AFM website is subjected to change or be modified and can be used interchangeably.
  2. The website may contain certain links to third-party websites that are not owned or controlled by the AAFM website, thus AFM has no control or assumes no obligation towards maintaining the privacy policy, content of any third-party website.

AFM Accounts

  1. The primary AAFM website, i.e. functionalmaterials.orgdoesn’t need registration.
  2. However, in order to access certain features, you will be required to create an account at the AAFM website. You may not use an account already in use by another person. During account setup, you agree to approve of and provide complete and correct information. Though registration, you consent that your data may be collected, encompassing without reservation, all registration data by the AFM as well as to process any such data in connection with your utility and connection to the website. For more information or data storage and collection, consult our privacy policy. You are independently responsible for an activity associated with your account, and you agree to partake in any such effort as to maintain maximum security for your password. You concede to immediately informAFM of an unauthorized use of your account or any security breach.

Permissions and Restrictions Regarding the Use of this Web Site

  1. The website of AAFM, and its contents thereof, is the sole property of AFM. All contents and rights of this site are owned and licensed to AFM, and are hereafter subjected to copyrights, intellectual copyright/property rights as subjected by the law. You have the right to access and use this website and its contents for non-commercial, personal use or any such as provided ad outlined on the website.
  2. You will be conceded to not reproduce, derivate or distribute contents or any other works of this website thereof, without explicit permission and consent of AFM. You agree not to change or modify any part of the AFM website. You agree not to partake in the circumvention, disablement or intersegment of security-related features of AFM website or any such features that restrict or stop employing use of or copying of content or enforce such limitations of content as presented on the AFM website. You concede that without explicit permission you will not retrieve any data or content from the website by all means or compile a composite directory of knowledge extracted from contents of the website.
  3. You concede not to use the website for any purpose other than permitted through the Terms and Conditions without prior written consent by AFM.
  4. You agree not to use the Web site for any use or purpose not permitted within these Terms of Use without the prior written authorization by AFM. AFM restrict the use of any such actions taken without limitations or the explicit approval of AFM , including sale of the website, any related use of the website or its related services, for the obligatory services of employing subscription or advertising revenue; acquiring sale of advertising on AFM website or on a third-party related website which are targeted to relatedcontent of such user submission on the AFMwebsite or any related website or interrelated service that AFMdetermines in its solitary discretion , to employ AFM’s user submission or any other resources with the primary effect of displacing or competing with the market for AFM, its content or user submissions.
  5. You concede to not employ or launch any automatic system, i.e. robots, offline readers, spiders, without limitation, that in turn have direct access to the features and contentof the AFM website that sends constant request messages to the AFM server in an amount of time which is humanly impossible for a person to conceivably achieve in a specific period of time by using a traditional web browser.
  6. Notwithstanding the aforementioned, the AFMexplicit permission to the operators of public search engines to use spiders to copy content or material from the AFMwebsite for the proprietary and solitary objective of the creation of searchable indices of materials which are readily available to the public. However, such content cannot be copied for the creation of such caches or archives and AFM reserves the right to rescind such exceptions specifically or on a general basis. You concede to not employ a communication system to collect and harvest any identifiable personal information related to account emails and usernames, addresses presented to the website upon registration or any such data related to the process for any communication or commercial purpose. You also concede not to solicit for commercial objectives, with respect to the user submissions.
  7. AFM reserves all rights, which are not stated in or granted to the AFM guidelines and AFM services.

Educational Use of Material on Web Site

Specific content on the AFM website is specifically designated to be downloaded for only educational purpose. Teaching staff, librarians, administrators and other staff of any such educational institution or educational providers, i.e. leaders or representatives of school programs are explicitly allowed to download, use, print, and in turn partake in reproduction and distribution of educational content for such related purposes. AFM extends the advantage of such educational content for students; it doesn’t sanction this website’s content for the benefit of commercial institution or advantage.

Any content used for any such purpose must maintain an unchanged copyright or proprietary notices, incorporating such attributes of AFM as a primary source for such uses. Content cannot be framed, reused, or re-posted on any other computer network or network, without explicit approval from the AFM website, regardless of its use as educational material.

Your User Submissions and Conduct

  1. Specific areas or spaces on the website allow users to submit comments and textual content as well as graphical content such as pictures or videos. User videos and comments are called “User Submissions”. By yielding any such user submission or posts to the website, you hereby renounce any privacy right or expectation that you may have in regards to that submission, which may include data, picture, video or other piece of information posted on the website.
  2. You are in agreement to the fact that a user submission which is submitted on the website may be accessible for reviewing, viewing and rating or open to comments by public. You concede and agree that once the user submission becomes accessible to other users and public, the AAFM website shall heed no responsibility for the removal or deletion of post or restriction of access on any post submitted by you, nor will the website be bound to return the rights of submission back to you.
  3. You reserve the right of copyright of your user submission. However, buy submitting the user submission to the AAFM website, you hereby present AAFM an irrevocable, royalty-free, worldwide, non-exclusive, sub-licensable as well as transferable license of use for reproduction, distribution, preparation of derivative job of, display, performance or utility in any such manner that may henceforth be developed in regard to the AAFM website and the successors, affiliates and business associated with AAFM, embodying without limiting promotion and redistribution through the AAFM website or any such derivative works, through any media channels in any media format that may exist now or developed hereafter. Additionally, you thus present any users of AAFM website an irrevocable and non-exclusive license to access user submission on the AAFM website for utility, reproduction, distribution, display and performance of such user submission as authorized by AAFM.
  4. You hereby agree to not submit any user submission that encompass material copyrighted or protected in regard to trade secrets or otherwise incorporate privacy or publicity rights or subject to any third-party propriety entitlement, unless you have the explicit permission of the rightful owner of that material or are the owner with complicit right to the material and may agree to grant all such licensing rights to AAFM hereafter. By presenting a user submission, you depict that you have the necessary warranty or representation of owning the rights, necessary licenses, consent and permission to do that.
  5. You agree to refrain from posting any derogatory, offensive, obscene, vulgar or any such material which infringes on the rights of a third-party, or antagonistic to local, national or international laws, guidelines or regulations.
  6. AAFM doesn’t own or endorse any such user submission or recommendation, advice or opinion expresses herein, disclaims any or all accountability in regard to user submission.

Omission of User Submissions

AFM has the right to prevent or remove the rights of access to any material of any users, at its exclusive discretion, wholly or partly, for any objective or no objective, embodying any material it considers a violations of the AFM standards.

Digital Millennium Copyright Act

AFM has the objective of safeguarding the copyrights consisting of complying with take-down processes which are in coherence with the Digital Millennium Copyright Act, 17 U.S.C. § 512 or DMCA.

  1. If you are an owner of a material with a copyright license or an agent and thereof believe that a user submitted infringes upon your sacred copyright or any other content does that, you can submit a proclamation pursuant at dmcacomplaints@functionalmaterials.org, directly to the DMCA, including the elements given below. (Refer to 17 U.S.C 512 (c) (3) for more details):
  • An electronic or physical signature of any user, authorized to act in place of the real owner of any exclusive right, which thereof, is illegally infringed.
  • The identification of the work, for which the claim of infringement is claimed, or, if more than one copyrighted materials presents upon a single online website are represented by a single proclamation, a nominative list mentioning such materials on that website.
  • Identification of the work which claims to act as a fringing material or is based on a subject of infringing motion or that which has to be removed or its access prevented to, and the relevant information which reasonably is sufficient to necessitate the permission given to service providers for locating the mentioned piece of work.
  • The information which is sufficient for the service provide in event that they may contact you, which may comprise of an address, a contact number, a working email address or more.
  • A succinct statement that you maintain good faith and believe that the use of such material in the way accused of is unauthorized by its agent, the law or the copyright owner.
  • A statement that any information which is present in the notice is correct, and under the penalty of perjury, the owner gives you an exclusive authorization to act on behalf of him personally for the exclusive right that supposedly is infringed.

For more clarification, DMCA notification should be issued to only the copyright agent; any further feedback, request or comments should be handled by the technical support. Furthermore, communications should be handled by the AFM customer service representatives through their online platform i.e.web@functionalmaterials.org. You acknowledge in case of failure to comply with mentioned requirements of Section 5(D), the notices issued by the DMCA will not hold their validity.

  1. Counter-Notice. If you are of a belief that the user submissions posted by you was removed or have its access blocked is not infringement or that you acquired authorization from the rightful copyright owner, pursuant to the law or its, for posting and utilization of the content in the user submissions, you may dispatch a counter-notice consisting the below mentioned information to the agent of the copyright content:
  • Your electronic or physical signature
  • The proper identification of content that was removed or its access blocked or which has been disabled, in addition to the location of the foremost appearance of the content before its access was blocked or it was removed.
  • A statement relating your good faith and belief that the removal or disablement of the content was due to a misidentification of mistake regarding the content.
  • Your name, telephone number, address and e-mail address, in addition to the statement of consent to the federal court’s jurisdiction in Washington D.C., as well as a statement with your acceptance of service of process regarding the person who issued the notification of the mentioned infringement.

If the copyright agent receives the counter-notification, AFM has the right to send a copy of that counter-notice to the party that complained, notifying that person that the website may remove or replace the content or stop the disablement of the user submission in 10 business days. Apart from the copyright owner filing an action and seeking a court order against the member, user or content provider, the blocked content can be replaced or result in restoration of its access, in 10-14 business days after the reception of the counter-notice, at AFM’s solitary discretion.

Termination Policy Regarding Access

The user’s access to the AFM Web site may be terminated by the AFM at its sole discretion.

Disclaimer and Limitation of Liability

You acknowledge and accept that your utilization of the AFM website shall be at your own peril. AFM, its agents, officers, employees and directors, at its maximum extent permissible by law, disclaim all kinds of warrantied, implied or thereof expressed, in relation to the website and your employment of it hereby. AFM makes no pledge or warranties regarding the completeness or correctness of the contents of this website or any website’s content in connection the AFM website, and therefore assumes no responsibility or liability for:

  1. Errors, inaccuracies or mistakes of content.
  2. Property damage or a personal injury, of any regard whatsoever, as a result of you accessing this website.
  3. An unauthorized use or access to our website’s secure server and/or to any of the personal information kept therein.
  4. Any cessation/interruption of transmission from/to our website.
  5. Any viruses, harmful bugs or Trojan horses or another of the like which can be conveyed through or to our website by a third party.
  6. Any omissions or mistakes in the content or for any detriment or damage of any sort induced by the utilization of the content transmitted, emailed, posted or any other way made available through the AFM website. AFM does not endorse, warrant, assume or guarantee any or all responsibility for a service or product proffered or advertised by a third-party via the AFM website or through a hyperlinked webpage or attributed in an advertisement or a banner and AFM will in no condition be privy to or party to, in one way or another, held responsible, for regulation of transactions between the third party providing services and products and you.

AFM, its directors, officers, agents and employees, in no event whatsoever, shall be responsible or liable for an indirect, direct, incidental, punitive, consequential or special impairment as a result of any:

  1. Errors, inaccuracies or mistakes of content.
  2. Property damage or a personal injury, of any regard whatsoever, as a result of you accessing this website.
  3. An unauthorized use or access to our website’s secure server and/or to any of the personal information kept therein.
  4. Any cessation/interruption of transmission from/to our website.
  5. Any viruses, harmful bugs or Trojan horses or another of the like which can be conveyed through or to our website by a third party.
  6. Any mistakes, omissions or errors regarding the content for any damage or loss of any type occurring as a result of your direct utilization of the content posted, transmitted or emailed or in other ways made available through the channels available through the AFM website, either relying on warranty, tort, any legal authority or theory or contract and if any or not the AFM is informed of the prospect of any such damages. THE PRECEDING LIMITATIONS OF LIABILITY SHALL BE APPLIED TO ITS FULLEST EXTENT AS PERMITTED BY THE RULE OF LAW IN ITS APPLICABLE JURISDICTION.
  7. YOU ESPECIALLY ACKNOWLEDGE THE LACK OF LIABILITY OF THE AFM’S PART FOR THE USER SUBMISSIONS OR ANY OTHER ILLEGAL, OFFENSIVE OR DEROGATORY CONDUCT OF THE THIRD PARTY AND THE DAMAGE OR HARM FROM THE PRECEDING RESIDES IN ALL MANNERS WITH YOU.

The AFM website is offered and controlled inall its entirety by AFM via its facilities in the United States of America. AFM makes no warranties that its website is available or appropriate for employment in other regions or locations. Those who are accessing the AFM website from other locations should do so at their own peril and are fully responsible for deference to the local law.

Disputes

You are in agreement to the fact that any dispute originating from, in relation with or connected in any manner to this agreement shall be resolved and further construed in adherence with legal obligations as presented by the District of Columbia, maintaining exclusivity to the selection of legal principles. Such disputed shall face litigation in the federal or local courts of law in the District of Columbia, in addition to the personal authority of any agent that you consent to. You also acknowledge and accept that the solution for a violation of this agreement, including infringement of intellectual and personal property rights or unauthorized access shall result in the presentation of damages which are equivalent to statutory damages, hereby recoverable given under the United States Copyright Act, 17 U.S.C. § 501 et seq. (the “Act”), heedless the content is safeguarded by the legal boundaries of the Act or has been registered properly or in a prompt manner under the jurisdiction of the Act, and heedless of either you are located in the United States of not. YOU ALSO ACCEPT THAT AN ENGENDERING OF ACTION AGAINST THE AFM RESULTING OF OR IN RELATION WITH THE AFM ONLINE PLATFORM MUST WITHIN A YEAR AFTER THE ENGENDERING OF ACTION CUMULATES. OR ELSE, SUCH ACTION IS ABIDINGLY BARRED.

Indemnity

You acknowledge to indemnify, defend and hold innocuous AFM, its directors, employees, agents and its officers from or against any or all damages, obligations, costs or debts, losses, claims, and expenses, (not limited to but including the fee of the attorney) resulting from: (a) your employment of the AFM website or its use thereof; (b) your violation of the conditions in these Terms of Use; (c)the violation of third party rights, embodying without any limitation any property/privacy right, copyright right; (d) any assertion that one of the user submissions posted by you caused harm to a third party. This indemnification or defense or obligation will survive your employment of this website and the Terms of Use as listed in the AFM website.

Assignment

The licenses, any rights granted or the Terms of Use hereunder, may not be assigned or transferred to you, but AFM may assign them without restriction.

Revisions

AFM has the right to change or modify the Terms of Use or/and the Privacy Policy effective at once upon notification to you by either (1) conventional mail or electronic mail or (2) a post at the website, whichever shall be considered constructive and effective for the notice). Your continued employment of this website following the posting of the mentioned notification shall be in all its entirety considered an acceptance of all modification(s).