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User Agreement

This User Agreement sets forth the Privacy Policy, Terms of Use, and Disclaimer details of the ArtSci INDEX (hereafter referred to as "INDEX"). It is being provided so that there are no expectations or misunderstandings about what the INDEX [when fully-functional] will or will not do for you. This is our INITIAL version of the User Agreement, however it may change [become more simplified] in the future.

Privacy Policy

Art & Science Collaborations, Inc. (ASCI) will only use personal information for identification and contact purposes, and/or for demographic information to be used by ASCI staff. It will also be used to help ensure that our services are designed to meet the needs of INDEX users. The email address that you input into your Profile will not be given out for any purpose. When other users want to contact you, their message will go into your INDEX mailbox or we will send you a weekly digest of all emails collected for you. ASCI does not send unsolicited or "spam" email. ASCI does not sell or rent its e-mail lists. ASCI disclaims any responsibility for any use of information provided by users to third parties.

Terms of Use

ASCI provides its service to you, subject to the following terms, which may be updated from time to time without notice. Your use of this site and its information signifies acceptance of the terms as noted herein.

Access and use of this site and database is solely for the registered user. In addition, due to the nature of the Internet and this site, subscriber requested refunds, for whatever the stated reason, must be made within the first 10 days following activation of the account. Refunds thereof will be for the full amount minus the first month of the subscription. (This applies only to paid subscriptions.)

Unless otherwise expressly permitted, no copying, redistribution of content or personal password, retransmission, publication or commercial exploitation of material is permitted without the express written permission of ASCI and INDEX user. Violators will be prosecuted. The information text and html found within this site and its accompanying database is for the personal use of the registered user and may not be reproduced, linked to by any other URL, and/or distributed.

ASCI does not endorse and is not responsible or liable for any content, and waives full responsibility that the information is correct, or current, as posted or provided by INDEX users. Also, the INDEX may provide links to other World Wide Web sites or resources. Because ASCI has no control over such sites and resources, you acknowledge and agree that ASCI is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, proposals, or other materials on or available from such sites or resources. You further acknowledge and agree that ASCI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

Indemnity: You agree to indemnify and hold ASCI and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit, and/or access through the INDEX, and your overall use of the INDEX and its provided information, your connection to the INDEX, or your violation of any rights of another.

Modifications of Service: ASCI reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the INDEX (or any part thereof) with or without notice. You agree that ASCI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the INDEX.

Termination: You agree that ASCI at its sole discretion, may terminate your password, account, (or any part thereof) or use of the INDEX, and remove and discard any content within the INDEX, for any reason, including, without limitation, for lack of use or if ASCI, believes that you have violated or acted inconsistently with the letter or spirit of the User Agreement. ASCI, may also at its sole discretion and at any time, discontinue providing the INDEX, or any part thereof, with or without notice. You agree that any termination of your access to the INDEX under any provision of theTerms of Use may be effected without prior notice, and acknowledge and agree that ASCI, immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the INDEX. Further, you agree that ASCI, shall not be liable to you or any third-party for any termination of your access to the INDEX.

Proprietary Rights: You acknowledge and agree that the INDEX and any necessary software used in connection with the INDEX is proprietary and is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements on the INDEX website protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by ASCI or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the INDEX or the software, in whole or in part.

Disclaimer

You expressly understand and agree that:

A. Your use of the INDEX is at your sole risk. The INDEX is provided on an "as is" and "as available" basis. ASCI expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

B. ASCI makes no warranty that (i) the INDEX will meet your requirements, (ii) the INDEX will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the INDEX will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the INDEX will meet your expectations, and (v) any errors in the software will be corrected.

C. Any material downloaded or otherwise obtained through the use of the INDEX is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

D. No advice or information, whether oral or written, obtained by you from ASCI or through or from the INDEX shall create any warranty not expressly stated in the Terms of Use.

Limitation of Liability: You expressly understand and agree that ASCI shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ASCI has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the INDEX; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into, through or from the INDEX; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the INDEX; or (v) any other matter relating to the INDEX.

The Terms of Use constitute the entire agreement between the registered INDEX user and ASCI and govern your use of the INDEX, superceding any prior agreements between you and ASCI. The Terms of Use and the relationship between the registered INDEX user and ASCI shall be governed by the laws of the State of New York without regard to its conflict of law provisions. Registered INDEX users and ASCI agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Richmond, New York. The failure of ASCI to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the INDEX or the Terms of Use must be filed within three (3) months after such claim or cause of action arose or be forever barred.

Violations: Please report any violations of the Terms of Use to Art & Science Collaborations, Inc. (ASCI) at: index@asci.org