TERMS OF USE AND END-USER LICENSE AGREEMENT FOR
WWW.SCIENTIFICAMERICAN.COM/1000SCIENTISTS

Effective Date: September 26, 2011
Welcome to "1,000 SCIENTISTS IN 1,000 DAYS", a service of Scientific American, a division of Nature America, Inc. Please note that these Terms of Use and End User License Agreement ("Terms of Use" or "Agreement") apply to this section of scientificamerican.com (scientificamerican.com/1000scientists) in lieu of the Terms of Use generally applicable to scientificamerican.com. THIS IS AN IMPORTANT LEGAL DOCUMENT. IT GOVERNS YOUR USE OF THE 1,000 SCIENTISTS IN 1,000 DAYS SERVICE ("1,000 SCIENTISTS") AND THESE WEB PAGES. PLEASE READ IT CAREFULLY. Throughout this Agreement, references to the "Site" refer only to those pages of the scientificamerican.com site available at scientificamerican.com/1000scientists, and not to other portions of the scientificamerican.com site, which are governed by separate Terms of Use. By using this website, whether or not you register to use the services of 1,000 Scientists, you accept all the terms and conditions below.

Purpose of this Service

"1,000 Scientists in 1,000 Days" is a project by Scientific American that helps teachers connect with scientists who are willing to volunteer, advise on curricula, answer student questions, or assist in other ways outlined on the sign up form.

General Provisions

The Web is an evolving medium; we may change these Terms of Use from time to time. By continuing to use the service after we post any such changes, you accept the Terms of Use, as modified. We may change, restrict access to, suspend, or discontinue operation of this service, or any portion of this service, at any time.

Scientific American respects the privacy of our users. Please take a few minutes to review our privacy policy.

General Provisions

The Web is an evolving medium; we may change these Terms of Use from time to time. By continuing to use the service after we post any such changes, you accept the Terms of Use, as modified. We may change, restrict access to, suspend, or discontinue operation of this service, or any portion of this service, at any time.

Scientific American respects the privacy of our users. Please take a few minutes to review our privacy policy.

This website will permit you to browse, access and use certain content, features and/or functionality without registration. However, if you are a scientist volunteering to make your expertise available to school teachers through this service, or a school teacher seeking to contact a scientist who has volunteered his or her services, you will be required to register as a member of 1,000 Scientists.

Eligibility for Registration: YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OF AGE TO REGISTER AS A MEMBER OF 1,000 SCIENTISTS. Membership is void where prohibited. BY REGISTERING AS A MEMBER, YOU REPRESENT AND WARRANT THAT: (i) YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY ALL THE TERMS AND CONDITIONS SET FORTH HEREIN, ii) YOU HAVE NOT BEEN CONVICTED OF A FELONY IN THE LAST SEVEN YEARS RELATING TO THEFT, FRAUD, VIOLENCE OR SEXUAL MISCONDUCT, AND (iii) YOU ARE NOT CURRENTLY REQUIRED TO REGISTER AS A SEX OFFENDER WITH ANY STATE OR GOVERNMENT ENTITY.

There are separate registration pages for scientists and teachers; please register through the appropriate page by providing all information requested. As part of the registration process, you will be required to provide a user name and password, and create a member profile. You may not include in your member profile any telephone numbers, personal/home street addresses, or e-mail addresses. All information you include in your member profile must be accurate, current and complete. Once registered, you are responsible for maintaining the confidentiality of your user name and password, and for all activities that occur under your user name, with or without your knowledge. If you knowingly provide your user name and password to another person, your member privileges may be suspended or terminated. You agree to immediately notify Scientific American of any unauthorized use of your user name or password.

Either Scientific American or you may terminate your membership in the 1,000 Scientists service at any time, for any or no reason. You may terminate your membership by sending an e-mail to 1kscientists@sciam.com. In the subject line of your e-mail, insert "1,000 Scientists Termination Request"", and in the body of the e-mail, provide your user name and your status (scientist or teacher). Upon expiration or termination of your membership (whether by Scientific American, or by you), your member profile will cease to be made publicly available through the site, and you will have no further rights to use or access the features, functionality and/or content available only to registered members on this site.

Information and Functionality Provided Through the Site

The material that appears on this site is for informational purposes only. Any reliance on the material on this site is at your own risk. This site contains information provided by other users of the site. Opinions, advice, statements, offers, or other information or content made available through the 1,000 Scientists service, but not directly by Scientific American, are those of their authors. Scientific American will not verify the accuracy, completeness or usefulness of information submitted by other users of the site, nor do we make any representation or warranty regarding such information. Under no circumstances will Scientific American be responsible for any loss or damage resulting from your reliance on information or other content posted to the site or transmitted by other members.

We reserve the right to modify, add or remove content, features and/or functionality available through the site, at any time, in our sole discretion.

Your Interactions with Other Members

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT SCIENTIFIC AMERICAN CURRENTLY DOES NOT CONDUCT BACKGROUND CHECKS OR INQUIRE INTO THE BACKGROUNDS OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. SCIENTIFIC AMERICAN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS. SCIENTIFIC AMERICAN RESERVES THE RIGHT TO CONDUCT CRIMINAL BACKGROUND CHECKS OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS, BUT IS UNDER NO OBLIGATION TO DO SO.

IN NO EVENT SHALL SCIENTIFIC AMERICAN BE LIABLE FOR, AND YOU HEREBY WAIVE, ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER MEMBERS OF THE SERVICE. YOU SHOULD NOT PROVIDE ANY PERSONAL OR FINANCIAL INFORMATION (FOR EXAMPLE, YOUR CREDIT CARD OR BANK ACCOUNT INFORMATION) TO OTHER MEMBERS.

Ownership and Permissions

This site and the contents thereof (including but not limited to software, interfaces, files, graphics, text and data found on the site) is the property of and owned by Scientific American or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. Scientific American grants you a revocable license to display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. No other use of any of the contents of the site is licensed, and you agree that you will not make any other use of the material on the site, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any of the contents of the site. Requests for permission to reproduce or distribute materials found on our website should be sent to Scientific American, a division of Nature America, Inc., Permissions Department, 75 Varick Street, 9th Floor, New York, NY 10013-1917, or randp@sciam.com.

No Framing. Without the prior written permission of Scientific American, you agree that you will not frame or establish inline links to any of the content of our website, nor may you incorporate into another website or other product or service any intellectual property of Scientific American or any of its licensors. Requests for permission to frame, or to establish inline links to, our content may be sent to the Permissions Department, at the email or physical address above.

Trademarks. This site features trademarks, service marks and logos that are the property of Scientific American and/or its licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.

Materials You Submit

This section applies to any materials you submit to or through this website, including, without limitation, any information you post to your member profile. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material.

With respect to any materials you submit through this site ("User Content"):

1. You represent and warrant that: you own or otherwise control all necessary rights to grant the rights you grant hereunder; that the User Content is accurate; that you have not violated the section entitled "Usage Rules", below, and that, if you submit video content through this site, you have written consent or permission of each identifiable individual in such content to use his/her name and likeness and grant the rights you grant in these Terms of Use.
2. You acknowledge that you are solely responsible for any royalties or other payments due for use of the User Content;
3. You acknowledge that if in our opinion the User Content raises any legal risks, we have the right to exclude such User Content from the site without any prior notice to you; and
4. You grant Scientific American and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such content throughout the world in any media now known or hereafter invented. You grant Scientific American and its affiliates the right to use the name you submit in connection with such content, if they so choose. You will retain any ownership rights you may have in the materials you submit, subject to the licenses granted to Scientific American in these Terms of Use. You also understand and agree that users of this site who may access the content you submit are granted a non-exclusive license to access, use, reproduce, distribute, display and perform your content.

Usage Rules

In connection with your use of this site and the 1,000 Scientists service, you agree:

• Not to submit or create any link to material that infringes the copyright, patent, trademark, trade secret, right of publicity or privacy, or any other proprietary or personal right of any third party; and not to submit or create a link to any material that is subject to any such right(s) unless you are the owner of such right(s), or have first obtained from the owner of such right(s) all necessary rights and permissions to grant the rights in such materials you grant under the section entitled "Material You Submit", above;
• Not to submit or create any link to material that is unlawful, defamatory, abusive, obscene, indecent, lewd, pornographic, violent, threatening, discriminatory, or otherwise objectionable;
• Not to make any personal attack on any person, firm or company;
• Not to submit or create any link to material, or otherwise use this site for any purpose, that constitutes or encourages a criminal offense, including but not limited to conspiring to violate laws;
• Not to misrepresent your identity, or impersonate any party, including but not limited to misrepresenting your current or previous positions, qualifications, or affiliations;
• Not to submit any material that you do not have the legal right to disclose;
• Not to submit or create any link to any material that is intentionally false or misleading, or is potentially damaging or harmful;
• Not to advertise or engage in any form of marketing on this site or use user information obtained through this site for marketing or other commercial purposes, or use this site to post or transmit "spam", "chain letters", "pyramid schemes" or any other form of solicitation;
• Not to submit or create any link to any material that contains software viruses or any other malicious computer code or programs that might damage, destroy or interfere with the proper functioning of any software, hardware or systems;
• Not to stalk or harass anyone;
• Not to take any action that interferes with the proper working of, or places an unreasonable burden on, the infrastructure of this site, or that would damage, compromise the security of, or disrupt this site or any connected network;
• Not to use this site to collect personal information about individuals;
• Not to post or make available private information of any third party;
• Not to use this site as a forwarding service to another website;
• Not to allow usage by others in such a way as to violate these Terms of Use.

Waiver: By submitting content to this site, you waive, and agree not to bring at any time, any claims of any type whatsoever against Scientific American or its affiliates, or their officers, directors, employees, contractors, agents, licensors or suppliers in any way arising from or relating to the submitted content, including without limitation any claims asserting: (a) infringement of rights of publicity or misappropriation of likeness or image; (b) invasion of privacy; (c) false light (such as any allegedly false or misleading portrayal of you); (d) infliction of emotional distress (whether intentional or negligent); (e) breach of contract; (f) copyright or trademark infringement; (g) defamation; (h) fraud; or (i) false designation of origin.

Intellectual Property Rights of Others

We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied or used in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
Scientific American
c/o Macmillan
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department
e-mail: copyrightagent@macmillanusa.com

Please include all of the following in your notification:

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
• a description of the copyrighted work you claim has been infringed;
• a description of where the material you claim is infringing is located on the site;
• your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Monitoring and Termination; Repeat Infringers

We may, but are not obligated to, monitor any or all activity and/or content on this site. If we determine, in our sole discretion, that any activity of, or content submitted by, a user violates this policy or is otherwise objectionable, we may take any action we deem appropriate, including without limitation, removing content, terminating membership, or blocking members from certain IP addresses from accessing the site. Without limiting the foregoing, it is our policy to terminate the membership of any user whom we determine to be a repeat infringer of these Terms of Use or any third-party rights. Nothing in this section in any way limits our right to terminate accounts as otherwise provided in these Terms of Use.

DISCLAIMER

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SCIENTIFIC AMERICAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCIENTIFIC AMERICAN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SCIENTIFIC AMERICAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT NEITHER SCIENTIFIC AMERICAN NOR ANY OF ITS AFFILIATES OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES OR LOST PROFITS RELATING TO OR RESULTING FROM YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY OTHER SITE YOU ACCESS THROUGH A LINK FROM THIS SITE OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US. THESE INCLUDE DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, YOUR LOSS OF PROFITS, LOSS OF DATA, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, BODILY INJURY OR DEATH, AND OTHER TANGIBLE AND INTANGIBLE LOSSES. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, AS THE RESULT OF NEGLIGENCE OR OTHERWISE ARISE OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS OR MATERIALS AVAILABLE FROM THIS SITE, AND EVEN IF WE OR OUR REPRESENTATIVES HAVE BEEN NEGLIGENT OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ALL OR A PORTION OF THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify, defend and hold harmless Scientific American and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from any violation of these Terms of Use. If you cause a technical disruption of the site or the systems transmitting the site to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption.

Links

Scientific American may provide as a convenience to you, links to websites operated by other entities and persons, but makes no representations whatsoever about any other website which you may access through this one. Any link to a non-Scientific American website does not mean that Scientific American endorses or accepts any responsibility for the content, or the use of such Web site. If you use these sites, you do so at your own risk. Scientific American makes no warranty or representation regarding, and does not sponsor or endorse, any linked websites or the information or materials appearing thereon or any of products and services described thereon. Furthermore, links do not imply that Scientific American is affiliated or associated with, or that any linked site is authorized to use any trademark, trade name, logo, or copyright of Scientific American.

Jurisdiction

Scientific American is organized under the laws of the State of New York in the United States of America, and this site is operated in the United States. The laws of the State of New York, without reference to the principles of conflicts of law thereof, govern these Terms of Use and your use of the site, and you irrevocably consent to the jurisdiction of the courts located in the City and State of New York for any action to enforce these Terms of Use. In the event of any legal action arising from or relating to these Terms of Use or your use of the site, you hereby waive the right to a jury trial. We recognize that it is possible for you to obtain access to this site from any jurisdiction in the world, but we have no practical ability to prevent such access. This site has been designed to comply with the laws of the State of New York and of the United States. If any material on this site, or your use of the site, is contrary to the laws of the place where you are when you access it, the site is not intended for you, and we ask you not to use the site. You are responsible for informing yourself of the laws of your jurisdiction and complying with them.

Changes to These Terms of Use

We reserve the right, in our sole discretion, to change these Terms of Use at any time by posting revised terms on the site. It is your responsibility to check periodically for any changes we may make to these Terms of Use. Your continued use of this site following the posting of changes to these terms or other policies means you accept the changes.

Miscellaneous

If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. These Terms of Use constitute the entire agreement and understanding between you and Scientific American with respect to use of the website and the contents thereof, superseding all prior or contemporaneous communications. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that there shall be no third-party beneficiaries to this Agreement.

How to Contact Us

If you have any questions or comments about these Terms of Use, please write us at:
Scientific American
c/o Holtzbrinck Publishing Holdings Limited Partnership
175 Fifth Avenue
New York, NY 10010
Attention: Legal Department

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