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TERMS - ASSE Service Agreement

1. Introduction.

(A) Governing Terms. This website, including the features and services available from the site such as RSS feeds, podcasts, and embeddable video, (collectively “ASSE.org”, “safetybok.org” or “Site”) is an interactive on-line service operated by the American Society of Safety Engineers ("ASSE"). These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site in relation to a specific service or feature (collectively “Terms of Service”) and the ASSE Privacy Policy, set forth the terms and conditions that apply to your use of ASSE.org. By using ASSE.org, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use ASSE.org.

(B) Changes to Terms of Service. ASSE may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of ASSE.org after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.

(C) Changes to Site. ASSE may change or discontinue any aspect, service or feature of ASSE.org at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

(D) Registration. You may be given the opportunity to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from ASSE and/or to participate in certain features on the Site such as certain Interactive Areas. ASSE will use the information you provide in accordance with the ASSE Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that ASSE may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

(E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of ASSE.org and all charges related to the same.

(F) Security. Users are prohibited from violating or attempting to violate the security of the Site. ASSE will investigate possible violations, and will cooperate with all applicable law enforcement authorities in prosecuting violations.

2. Community Guidelines & User Content

(A) Interactive Areas. ASSE.org may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on ASSE.org, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and ASSE.

(B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with ASSE.org, you agree to abide by the following rules of conduct:

  • You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;

  • You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity or profanity.

  • You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.

  • You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to a civil liability;

  • You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discuss illegal activities with the intent to commit them;

  • You agree not to upload, post or otherwise transmit, without ASSE's express prior approval, User Content which contains advertising or any solicitation with respect to products or services;

  • You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;

  • You agree not to impersonate any person or entity, including, but not limited to, any ASSE employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;

  • You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about ASSE.org users or posting private information about a third party;

  • You agree not to upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component;

  • You agree not to interfere with or disrupt ASSE.org or the servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

  • You agree not to upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of ASSE.org, use of ASSE.org, or access to ASSE.org;

  • You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission. Any person determined by ASSE, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on ASSE.org;

  • You agree that if necessary, you have the consent of each and every identifiable natural person in any submission to use such persons name or likeness in the manner contemplated by ASSE.org;

  • You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA) or any other rights society is not entitled to compensation by ASSE.

Any conduct that in ASSE’s sole discretion restricts or inhibits anyone else from using or enjoying ASSE.org will not be permitted. ASSE reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. ASSE is not responsible for User Content submitted to ASSE.org or posted in comments sections, chat rooms, on bulletin boards or on other Interactive Areas by users of ASSE.org.

(C) Monitoring. ASSE shall have the right, but not the obligation, to monitor User Content posted or uploaded to ASSE.org to determine compliance with these Terms of Service and any operating rules established by ASSE and to satisfy any law, regulation or authorized government request. Although ASSE has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to ASSE.org, ASSE reserves the right, and has absolute discretion, to screen, edit, refuse to post or remove without notice any User Content posted or uploaded to ASSE.org at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

(D) License to User Content. By submitting User Content to ASSE.org, you automatically grant ASSE the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant ASSE the right to pursue at law any person or entity that violates your or ASSE's rights in the User Content by a breach of these Terms of Service.

(E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by ASSE or its licensees, successors and assigns; (c) you forever waive and agree not to claim or ASSE any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release ASSE, and its licensees, successors and assigns, from any claims that you could otherwise ASSE against ASSE by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user's personal use.

(F) User Content submitted by you will be considered non-confidential and ASSE is under no obligation to treat such User Content as proprietary information except pursuant to the ASSE Privacy Policy. Without limiting the foregoing, ASSE reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. ASSE is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to ASSE. ASSE shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

3. Copyright Ownership.

ASSE.org contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of ASSE.org are copyrighted as a collective work under the United States copyright laws. ASSE owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of ASSE and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You further may not mirror or frame the home page or any other pages of the Site on any other site.

4. Third Party Content.

ASSE is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of ASSE.org, are those of the respective author(s) or distributor(s) and not of ASSE. Neither ASSE nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through ASSE.org represents the opinions and judgments of the respective user or information provider not under contract with ASSE. ASSE neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on ASSE.org by any third party. Under no circumstances will ASSE be liable for any loss or damage caused by your use or reliance on information obtained through ASSE.org. ASSE is not responsible for any actions or inaction on your part based on the information that is presented on ASSE.org. It is your responsibility to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through ASSE.org. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.

5. Advertisements and Promotions

ASSE may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than ASSE, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. ASSE is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.

6. Disclaimer of Warranty; Limitation of Liability.

(A) YOU EXPRESSLY AGREE THAT USE OF ASSE.ORG IS AT YOUR SOLE RISK. NEITHER ASSE, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT ASSE.ORG WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF ASSE.ORG, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH ASSE.ORG.

(B) ASSE.ORG, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

(C) ASSE.ORG MAY OFFER SAFETY, HEALTH, ENVIRONMENTAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON ASSE.ORG DOES NOT AND IS NOT INTENDED TO CONVEY PROFESSIONAL ADVICE FOR THE PRACTICE OF SAFETY, HEALTH AND ENVIRONMENTAL WORK. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL SAFETY, HEALTH AND ENVIRONMENTAL ADVICE OR CONSULTATION. NEITHER ASSE, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN ASSE.ORG.

(D) NEITHER ASSE, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

(E) IN NO EVENT WILL ASSE, NOR ITS CHAPTERfS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ASSE.ORG OR THE ASSE.ORG SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASSE.ORG..

(F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ASSE, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN ASSE.ORG, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ASSE, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

(G) USER AGREES NOT TO SEEK TO HOLD ASSE , NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS.

(H) USER AGREES NOT TO SEEK TO HOLD ASSE, NOR ITS CHAPTERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, AGENTS, THIRD PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE, OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE.

(G) ASSE disclaims any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing ASSE.org, you acknowledge and agree to ASSE’s disclaimer of any such liability. If you do not agree, you should not access or use ASSE.org.

7. Indemnification.

You agree to defend, indemnify and hold harmless ASSE, its affiliates and their respective directors, officers, employees and agents from and against all claims, losses, damages, costs, and expenses, including attorneys' fees, arising out of the use of ASSE.org by you or your Account, or any violation by you of this Agreement.

8. Termination.

ASSE may terminate or suspend these Terms of Service at any time without notice to You. Without limiting the foregoing, ASSE shall have the right to immediately terminate your Account in the event of any conduct by you which ASSE, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10 shall survive termination of these Terms of Service.

9. Trademarks.

ASSE, and its Chapters, own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on ASSE.org are the property of their respective owners.

10. Miscellaneous.

These Terms of Service and any operating rules for ASSE.org established by ASSE constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms of Service are for the benefit of ASSE, its parent, subsidiaries, other affiliates and its third party content providers and licensors and each shall have the right to ASSE and enforce such provisions directly or on its own behalf. These Terms of Service shall be construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any action relating to or arising out of this Agreement must be filed and maintained in a state or federal court located in the State of Illinois, and each user consents to exclusive jurisdiction and venue in these courts for this purpose. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

11. Copyrights and Copyright Agent.

If you own intellectual property and believe it is being infringed on this site, please let us know by filing a complaint as set forth below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. §512), any notification of claimed copyright infringement must be sent to the American Society of Safety Engineers’ (“ASSE”) designated agent with the following information:

  1. An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed;

  2. Identification, including a detailed description, of the copyrighted work or other intellectual property right claimed to have been infringed;

  3. Identification, including a detailed description, of the material that is claimed to be infringing or could be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ASSE to identify the material, including where it is located on the site;

  4. The address, telephone number and electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, owner of other intellectual property rights, its agent, or the law; and

  6. A statement by the complaining party, under penalty of perjury, that the information in the notification is accurate, and that you are the owner of the copyright or other intellectual property right, or are authorized to act on behalf of the owner of the copyright or other intellectual property right that is allegedly infringed.

ASSE’s designated agent for notice of claims of copyright infringement or other intellectual property infringement is as follows:

Micah D'Orazio
American Society of Safety Engineers
Director, Marketing & Communications
1800 E. Oakton Street
Des Plaines, IL 60018-2187 U.S. A.
847-768-3419
Mdorazio@asse.org

For web posting, reprint, transcript or licensing requests for ASSE material, please contact Mdorazio@asse.org.

For any questions or requests other than copyright issues or licensing requests, please contact http://www.asse.org/about/contact.php.

These Terms of Service were last updated on July 12, 2010.