ACADEMY OF DENTAL MATERIALS
1. The Academy of Dental Materials Site
2. Restrictions on Activities
You agree not to make any use of the Service for any activity: (a) that is unlawful (whether criminal or tortious) under the laws of any jurisdiction to which you or Academy are subject, (b) that involves gaining unpermitted access to other computers or networks through hacking or other means, or the unpermitted use of the username or password of another user; (d) that automates your use of the Service, including using scripts to post or send comments; or (e) that interferes with the operation of the Service or places an undue burden on it.
3. Restrictions on Content
You agree not to make any use of the Service to post or transmit any Content that: (a) is unlawful under the laws, statutes, ordinances, or regulations (“”Laws””) of any jurisdiction to which you or Academy are subject; (b) promotes activity that is unlawful under the Laws of any jurisdiction to which you or Academy are subject; (c) is harmful, threatening, advocating violence, harassing, defamatory, invasive of the privacy of another, or obscene (including without limitation any images or depictions of child abuse, child pornography, or minors engaged in sexual conduct or explicitly sexual situations), all as determined by Academy in its discretion; (d) includes insider information, or any other proprietary or confidential information (e) is an infringement of any patent, trademark, trade secret, copyright, publicity right, or other intellectual property right, (f) is falsified, deceptive, or misleading, including without limitation the use of forged headers or otherwise manipulated identifiers in order to disguise the origin of the Content, or lacking author attribution, copyright notice, or any other information necessary to make the Content not misleading; (g) holds Academy or any of its affiliates, employees, or shareholders up to public scorn or ridicule; (h) contains or transmits any viruses, trojan horses, trap doors, back doors, easter eggs, worms, time bombs, packet bombs, cancelbots, or other computer programs or routines that damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. The foregoing list is not necessarily exhaustive of types of Content we may deem inappropriate for the Service, in our discretion.
4. Representations About Content
You agree to be responsible for all Content posted to the Service under your username or password. You represent and warrant to Academy that you are either the owner of any Content posted under your username and password on the Service, or that you have all the rights necessary to grant the license set out in Section 5 of these Terms. You agree to pay any royalties or other sums owing to any third party for Content posted by you or under your password and to indemnify and hold harmless Academy from any claims, costs, or liability incurred as the result of your violation of these Terms.
5. License to Content
You retain all ownership rights in any Content posted or transmitted by you through the Service to which you are entitled by law, and Academy does not claim any ownership rights in any Content posted or transmitted by you through the Service. However, when you post any Content to the Service, you grant to Academy a nonexclusive, fully paid, royalty-free license to use, distribute, reproduce, modify, adapt, and publicly display or perform such Content on the Service. It is necessary for you to grant this license in order for Academy to operate the Service.
6. Monitoring of Content
Academy has no obligation to monitor user Content. However, Academy has the right and ability to perform such monitoring, and the right (but not the obligation) to reject or remove any Content violative of these Terms.
7. Our Content: Copyrights and Trademarks
Other than Content posted by users, all content of this site or the Service is the property of Academy or its content suppliers and is protected by United States and international copyright laws. The compilation of such content is also the exclusive property of Academy and is likewise protected by U.S. and international copyright laws.
The name “”The Academy of Dental Materials”” and the Academy logo are trademarks of Academy and may not be used in connection with the products or services of others in any manner that is likely to cause confusion. All other trademarks not owned by Academy that appear on this site are the property of their respective owners.
8. Disclaimer of Warranties and the Limitation of Liability
YOU AGREE THAT THE SERVICE IS PROVIDED TO YOU “”AS IS”” AND “”AS AVAILABLE”” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NONINFRINGEMENT. Academy does not warrant that the Service will be available at any given time, secure, accurate, or free of error. You use the Service at your own risk, and you assume the risk that the Service may provide incorrect information to you or your workers, as well as the risk that any material downloaded by you from the Service may cause loss of data or damage to your computer system. Academy makes no warranty of any kind with respect to usergenerated Content and specifically disclaims the implied warranties of merchantability, fitness, accuracy, and noninfringement with respect to such Content.
YOU UNDERSTAND AND AGREE THAT IN NO EVENT WILL ACADEMY BE LIABLE TO YOU OR A THIRD PARTY FOR ANY DIRECT OR INDIRECT DAMAGES, EVEN IF ACADEMY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS OR FOR ANY OTHER SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER BASED UPON CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT, WARRANTY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. THE PARTIES INTEND THAT THIS LIMITATION SHOULD APPLY EVEN IF IT CAUSES ANY WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE. Notwithstanding the foregoing, the potential liability of Academy to you for any cause and under any legal theory will be limited to the amount paid by you, if any, to Academy for your use of the Service.
9. No Guaranteed Availability
Academy reserves the right at any time and from time to time to modify or discontinue the Service (or any part thereof), temporarily or permanently, with or without notice to you. You agree that Academy will not be liable to you for any modification, suspension, or discontinuance of the Service.
10. Termination of Service to You
You agree that Academy, in its sole discretion, may terminate your password, account (or any part thereof), or use the Service, and remove and discard any content within the Service, for any reason, including, without limitation, our belief that you have violated or acted inconsistently with the letter or spirit of these Terms. You agree that any termination of your access to the Service under any provision of these Terms may occur without prior notice to you, and you also agree that Academy will not be liable to you for any termination of your access to the Service.
You agree to indemnify, defend, and hold harmless Academy and its officers, directors, and employees from and against all fines, suits, proceedings, claims, causes of action, demands, or liabilities of any kind or of any nature arising out of or in connection with your use of the Service.
12. Copyright Notice and Takedown Policy
If you are a copyright owner and you believe your work has been copied and used improperly on Academy’’s service, please contact our copyright compliance officer. Please provide the following information: (a) physical or electronic signature of a person authorized to act on behalf of the copyright owner; (b) description of the work you claim has been infringed and the location of the alleged infringement on the Academy Service; (c) your contact information including address, telephone number, and e-mail address; (d) written statement that you have a good faith belief the accused usage is infringing; and (e) a statement by you under penalty of perjury that the information in the notice is accurate and that you are duly authorized to act on behalf of the copyright owner.
Contact our copyright compliance officer:
Copyright Compliance, c/o The Academy of Dental Materials
4425 Cass St., Suite A
San Diego, CA 92109
Tel: 1 (858) 272-1018
Fax: 1 (858) 272-7687
13. Severability and Waiver
The invalidity of any term or provision of these Terms will not affect the validity of any other provision. Waiver by Academy of strict performances of any provision of these Terms will not be a waiver of or prejudice Academy’’s right to require strict performance of the same provision in the future or of any other provision of these Terms.
14. Entire Agreement
These Terms constitute the entire agreement between you and us as to their subject matter, and there are no other terms, conditions, or obligations between the parties relating to the use of the Service, other than those contained in these Terms. No modification of these Terms will be valid unless in writing and signed by both parties.
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