Effective: September 20, 2016
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.
Section 1. Changes
ASLA reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Website and any and all features and sections contained therein, with notice to Users provided via posting to the Website or email, and immediately in the event of technical difficulties. ASLA shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
Section 2. IP Rights and Ownership
The contents of the Website, such as text, graphics, images, audio, video and other material, as well as the underlying html source code of the Website (“Material”) are protected by copyright under both United States and foreign laws, and are owned or controlled by ASLA or by third parties that have licensed their Material to ASLA. Unauthorized use of the Material may violate copyright, trademark, and other laws. User must retain all copyright and other proprietary notices contained in the original Material on any copy User makes of the Material. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. User may download ASLA’s copyrighted material for User’s personal use only. ASLA Members receive additional copyrighted material for their use and promotion. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of the Material will be permitted without the express permission of ASLA and the copyright owner. In the event of any permitted copying, redistribution or publication of the Material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading the Material.
The trademarks, logos and service marks (the “Marks”) displayed on the Website are owned by ASLA or third parties. Non-Member Users are prohibited from using those Marks without the express, written permission of ASLA or such third party. If non-Member Users would like information about obtaining ASLA’s permission to use the Material on Your website, e-mail firstname.lastname@example.org. ASLA and all related logos, whether or not registered, are trademarks belonging to REAL. All rights reserved. All other trademarks appearing on the Website are the property of their respective owners.
Section 3. Links
ASLA, or any ASLA Member, may provide links to third party websites. These links are provided solely as a convenience to User and not as an endorsement by ASLA of the contents on such third-party Websites. ASLA is not responsible for the content of linked third-party sites. ASLA exercises no control whatsoever over such other websites and web-based resources, does not make any representations regarding the content or accuracy of materials on such third-party websites and is not responsible or liable for the availability thereof or the content, advertising, products or other materials contained thereon. ASLA shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in connection therewith.
Users acknowledge their use of these third party websites is at their sole risk.
Section 4. Representations and Warranties – Liability Disclaimers
User represents, warrants and covenants that (a) User will use the Website for lawful purposes only (b) no materials of any kind will be submitted by a Member through Member’s account which (i) violate or infringe in any way upon the rights of others, including but not limited to copyright, patent or trademark rights, and shall contain no material from other copyrighted or unpublished works that have been used without the written consent of the copyright owner and/or the owner of any other rights to in such other works (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or profane, as determined in the sole discretion of ASLA, (iii) encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or (iv) contain any advertising or solicitation with respect to products or services (without the express prior written approval of ASLA). In the event of a breach of this provision, User (including Member if applicable) shall defend, indemnify and hold ASLA, its officers, directors, employees and agents harmless from any and all claims or causes of action,
including attorneys’ fees and court costs resulting from such breach.
User acknowledges that the Material on the Website may contain inaccuracies or typographical errors. ASLA makes no representations warranties or endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or about the results to be obtained from the utilization or reliance on the Website and the Material. Advice received via this Web site should not be relied upon for personal, legal or financial decisions and User should consult an appropriate professional for specific advice tailored to User’s situation.
USER EXPRESSLY AGREES THAT USE OF THE WEBSITE IS AT USER’S SOLE RISK. NEITHER ASLA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT THE WEBSITE WILL RUN UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE. THE WEBSITE 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 THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT ASLA IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS (INCLUDING MEMBERS) OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
Section 5. Disclaimers of Certain Damages
Section 6. Indemnity
User agrees to defend, indemnify, and hold harmless ASLA, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any use of the Website and any Material contained therein by User or through User’s account, or by User’s breach of the terms of this Agreement. ASLA shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, at User’s expense, in defending any such claim, suit or proceeding. ASLA reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by User.
Section 7. User Information
Member hereby warrants and represents that it has the right to use and license the use of any materials submitted by Member through the Website and Member hereby grants to ASLA a royalty-free, non-exclusive, perpetual license to use and distribute any such materials submitted by Member through the Website in any format at any time, including distribution on ASLA’s Website to be accessed by any interested party. Member understands and agrees that no compensation will be due to Member for these uses, reproductions or distributions of such materials and Member hereby waives and releases all claims for compensation from ASLA relating to such uses.
Section 8. General
All legal issues arising from or related to the use of the Website shall be construed in accordance with and determined by the laws of the State of Texas applicable to contracts entered into and performed within the State of Texas, without respect to its conflict of laws principles. By using the Website, User agrees that the exclusive forum for any claims or causes of action arising out of User’s use of the Website shall be either any state court for or within Dallas County in the State of Texas and the United States District Court for the Northern District of Texas. User hereby irrevocably waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to the laying of the venue of any such proceeding brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement between User and ASLA with respect to the use of Website. The section headings used herein are for convenience only and shall not be given any legal import.
YOUR USE OF THE WEB SITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS, CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEBSITE.
Section 1. Member Submissions
All information, data, text, photographs, graphics, video, messages or any other materials whatsoever (collectively, “Member Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Member Content originated. This means that the Member, and not ASLA, is entirely responsible for all Member Content that he or she uploads, posts, emails or otherwise transmits via the Website. No Member shall transmit Member Content or otherwise conduct or participate in any activities on the Website which, in the sole discretion of ASLA, are prohibited by law in applicable jurisdictions, including, without limitation, material or activities which (1) infringe any patent, trademark, copyright, trade secret or other proprietary right of any party (the “Rights”), unless Member is the owner of the rights or has the express written permission of the owner to post or transmit such material to the Website; (2) infringe on any other intellectual property rights of others or on the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) impersonates another person or entity; (5) intentionally or unintentionally violates any applicable local, state, national or international law while using or accessing the Website or the Materials; or (6) contains a virus, trojan, back door, logic bomb or any other form of malicious code.
Member warrants and represents that Member has the right to use and license the use of any Member Content and hereby waives all copyright, moral rights and any other right to any Member Content which he/she submits, and grants to ASLA a royalty-free perpetual irrevocable non-exclusive right and license to use, reproduce, modify adapt, publish, syndicate, translate perform, display and distribute such Member Content, in whole or in part, worldwide and/or to incorporate it in other works in any form, media or technology now known or hereinafter developed for the full term of any copyright in such Member Content, and to sublicense such rights through multiple tiers of sublicensees. ASLA does not control Member Content. ASLA has the right but not the obligation to monitor submissions by Members, and reserves the right to modify, move or remove any Member Content at any time and for any reason in its sole discretion, as well as the right to terminate Member access to the Website for any reason in its sole discretion including, without limitation, foul language, threats, discriminatory, racist or abusive language, or any behavior which is deemed objectionable by ASLA. Members are responsible for their own communications and are solely responsible for the consequences of posting any Member Content. ASLA does not screen communications in advance and is not responsible for screening or monitoring material posted by Members. If notified by a User about communications that allegedly do not conform to any term of this Agreement, ASLA may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. ASLA has no liability or responsibility to Users for performance or non-performance of such activities. ASLA reserves the right, in its sole discretion, to restrict Members access to the Website for violating this Agreement or the law. ASLA also reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ASLA’s sole discretion.
ASLA DOES NOT ENDORSE, SUPPORT, REPRESENT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY MEMBER CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY MEMBERS. EACH USER ACKNOWLEDGES THAT ANY RELIANCE ON MEMBERS CONTENT POSTED BY MEMBERS WILL BE AT HIS/HER SOLE RISK.
Section 2. Member Registration
To gain a greater level of access, Member must be authorized by ASLA and then once authorized, the Member will select a password, and be assigned a member ID. Each Member is expressly prohibited from using another Member’s ID without such person’s authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of that Member’s authorization. Each Member shall be solely responsible for maintaining the confidentiality of his or her password.
Each Member shall notify ASLA of any known or suspected unauthorized use(s) of his/her account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of his/her confidential information.
Section 3. Communication
ASLA reserves the right to send electronic mail for the purpose of informing Members of changes or additions to the Website, this Agreement and any other service provided by ASLA.