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Blog Terms of ServiceIntroduction
Welcome to the ASN Blog (www.nutrition.org/blog). By using the ASN Blog, you are indicating your acknowledgment and acceptance of these Terms of Service. If you do not accept and agree to these Terms of Service, you may not use the ASN Blog. In the event of an inconsistency between the Blog Terms of Service and any other ASN policy, these Blog Terms of Service shall control. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
These Terms of Service are subject to change by ASN at any time at its discretion. Your use of the ASN Blog after such changes are implemented constitutes your acknowledgment and acceptance of the changes.
• “Use” of the ASN Blog includes but is not limited to accessing, reading, and commenting, as well as serving as an invited Blogger for ASN.
• “Content” means any submission, Blog post, comment, or other information or material.
1. Description of ASN Blog. The ASN Blog is a web publishing service and optional hosting service. ASN disclaims all responsibility and liability for the Content availability, timeliness, security or reliability of the ASN Blog or any underlying software. The ASN Blog is provided on an “as is” and “as available” basis. Applied materials 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, title, and non-infringement. We do not guarantee the accuracy, completeness, or usefulness of the ASN Blog, and you rely on the ASN Blog at your own risk. No advice or information obtained by you from applied materials or through or from the Blog will create any warranty not expressly stated in this agreement. Some states may prohibit a disclaimer of warranties and you may have other rights that vary from state to state. ASN also reserves the right to modify, suspend or discontinue the ASN Blog with or without notice at any time and without any liability to you.
2. Proper Use. You agree that you are responsible for your own use of the ASN Blog, for any Blogging, posts and/or comments you make, and for any consequences thereof. You agree that you will use the ASN Blog in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws.
Violation of any of the foregoing may result in immediate termination of your privilege to use the ASN Blog, and may subject you to state and federal penalties and other legal consequences. ASN reserves the right, but shall have no obligation, to investigate your use of the ASN Blog in order to (a) determine whether a violation of the Terms of Service has occurred or (b) comply with any applicable law, regulation, legal process or governmental request.
While ASN of course respects and wishes to promote freedom of expression, certain material is not appropriate for the ASN Blog, including but not limited to material that, in the view of ASN, is defamatory, abusive, obscene, bigoted, or involves the use of profanity. Material that may infringe the copyright, trademark, patent, or other ownership rights of any person is likewise prohibited. Finally, because ASN is a tax-exempt organization under Section 501(c)(3) of the U.S. Internal Revenue Code, the Blog may not be used as a vehicle or forum for political or legislative advocacy.
ASN does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the ASN Blog or endorse any opinions expressed via the ASN Blog.
3. General Practices Regarding Use and Storage. You agree that ASN has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the ASN Blog. ASN retains the right to create limits on use and storage at our sole discretion at any time with or without notice.
4. Content of the ASN Blog; Limitation of Liability. Much of the ASN Blog is provided by and is the responsibility of the person or people who made such postings. ASN takes no responsibility for ASN Blog Content. Instead, ASN merely provides access to such Content as a service to readers.
ASN reserves the right at all times to remove or refuse to distribute any Content on the ASN Blog. ASN will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
Any material obtained through the Blog is done at your own discretion and risk, and you will be solely responsible for any damage to your computer or loss of data that results from the download of any material through the Blog (including, without limitation, any viruses or other disabling features).
ASN is not liable for any direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if ASN has been advised of the possibility of such damages. If you are dissatisfied with the ASN Blog, your sole and exclusive remedy is to discontinue using it. Without limiting the foregoing, in no event will the liability of ASN to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed $100.
6. Intellectual Property Rights. ASN owns all right, title and interest in and to the ASN Blog, including all intellectual property rights (the “ASN Rights”). ASN Rights are protected by U.S. and international intellectual property laws. You agree not to alter, modify, or create derivative works from the ASN Blog. You agree not to copy or reproduce works from the ASN Blog unless expressly authorized in writing by ASN. You also agree that not to employ any robot, spider, other automated device, or manual process to monitor or copy any Content from the ASN Blog.
You hereby grant to ASN the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all Content provided by you and to incorporate any Content in other works in any form, media, or technology now known or later developed. ASN will not be required to treat any Content as confidential, and may use any Content in its operations or business without incurring any liability for royalties or any other consideration of any kind.
7. No Resale of the ASN Blog. Unless expressly authorized in writing by ASN, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any Content.
8. Termination; Suspension. ASN may, in its sole discretion, at any time and for any reason, terminate the ASN Blog, suspend or terminate your account and your right to use the ASN Blog. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other Content contained in your account although residual copies of information may remain in our system for some time for back-up purposes.
9. Indemnification. You agree to hold harmless and indemnify ASN, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the ASN Blog, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, ASN will provide you with written notice of such claim, suit or action.
10. Waiver and Severability of Terms. The failure of ASN to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service 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 Service remain in full force and effect.
11. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising of or related to use of ASN services or the Terms of Service must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
12. Choice of Law; Jurisdiction; Forum. These Terms of Service will be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the ASN Blog will be brought solely in Montgomery County, Maryland, and you consent to the jurisdiction of such courts.
13. Copyright Information. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the ASN Blog, please contact ASN at firstname.lastname@example.org and please include the following information in your written notice:
(1) a detailed description of the copyrighted work that is allegedly infringed;
(2) a description of the location of the allegedly infringing material;
(3) your contact information, including your address, telephone number, and, if available, email address;
(4) your statement that you have a good-faith belief that the allegedly infringing use is not authorized by the copyright owner, its agent, or the law;
(5) your statement, made under penalty of perjury, affirming that the information in your notice is accurate and that you are authorized to act on the copyright owner's behalf; and
(6) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.