These Terms govern use of Communispace's Website; if you participate in an online research project with Communispace, your participation will also be governed by a Community Member Agreement.
These Terms represent the entire understanding relating to the use of the Website and prevail over any prior or contemporaneous, conflicting or additional, communications; however, in the event of a conflict with the terms of your Community Member Agreement, the terms of the Member Agreement control. Any action related to this Website will be governed by Massachusetts law and controlling U.S. federal law. No choice of law rules of any jurisdiction will apply.
User of Proprietary Information
All content and intellectual property available through this Website and appearing on this Website is the property of Communispace Corporation or its licensors and is protected by copyright and other intellectual property laws and treatises. This Website is protected by copyright as a collective work or compilation under United States copyright law. Any software that is made available to you to download from the Website (the "Software") is the property of Communispace Corporation and/or third parties. Your use of the Software is governed by the terms of the end user license agreement which accompanies or is included with the Software (the "License Agreement"). You shall not install any Software that is accompanied by or includes a License Agreement, unless you first agree to the terms of the License Agreement.
Software is warranted, if at all, in accordance with the terms of the license agreement. Except as set forth in the license agreement, all express or implied conditions, representations and warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid.
Communispace Corporation and all Communispace Corporation-based trademarks and logos are trademarks or registered trademarks of Communispace Corporation in the United States and other countries. Any trademark that appears on this Website may not be used in connection with any product or service that is not the trademark owner's, in any manner likely to cause confusion among customers, or in any way disparages or discredits the trademark owners. Any reproductions of the trademarks of Communispace Corporation must include the proper copyright and proprietary notices, and are subject to approval by Communispace Corporation (see contact information below).
Links to Third Party Sites
This Website may contain links to other websites for informational purposes and are not intended to suggest any affiliation with Communispace Corporation unless expressly stated. The reliability, availability and performance of these other websites is beyond Communispace Corporation's control, and Communispace Corporation makes no representations or warranties with respect to such websites. Communispace Corporation provides these links to you only as a convenience, and the inclusion of any link to such websites does not imply endorsement by Communispace Corporation of those websites. Communispace Corporation reserves the right to terminate any link or linking program at any time.
Integration with Third Party Services
Certain aspects of our Site and/or Service may allow you to integrate your Communispace account with third party sites and services, including social media sites such as Facebook®. If you choose to integrate your Communispace account with third party services or social media sites, Communispace is no longer able to control who sees it or who can access it. Posting of your content and/or information to any third party site or through any third party service is at your own risk and outside these Terms and Conditions. Our Services do not and cannot control the posting of content or sharing of information by any user to third party sites, including any social media website. We encourage you to review any privacy policies and other agreements that may be applicable to your use of any such third party sites and/or applications.
Disclaimer of Warranty
Unless otherwise explicitly stated, the materials on the website are provided on an "as is" basis. All express or implied conditions, representations and warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, are disclaimed, except to the extent that such disclaimers are held to be legally invalid. Communispace Corporation makes no representations, warranties, or guaranties as to the quality, suitability, truth, accuracy or completeness of any of the materials contained on the website. Any questions regarding the materials should be directed to the providers of such materials. Some jurisdictions may not allow the exclusion of implied warranties, and such exclusions may therefore not apply to you.
Limitation of Liability
Communispace Corporation shall not be liable for any damages suffered as a result of using, modifying, contributing, copying, distributing, or downloading the materials on this website. In no event shall Communispace Corporation be liable for any indirect, punitive, special, incidental, or consequential damages (including loss of business, revenue, profits, use, data or other economic advantage) however it arises, whether for breach or in tort, even if Communispace Corporation has been previously advised of the possibility of such damages.
You have sole responsibility for adequate protection and backup of data and/or equipment used in connection with the website and will not make a claim against Communispace Corporation for lost data, re-run time, inaccurate output, work delays or lost profits resulting from the use of the materials. You agree to hold Communispace Corporation harmless from, and you covenant not to sue Communispace Corporation for, any claims based on using the website. Your sole and exclusive remedy hereunder shall be for you to discontinue your use of the website.
Communispace respects the intellectual property rights of others. If you believe that your copyrighted work appears on our Website in a way that constitutes copyright infringement, please send a written notice containing the following information:
- Community name and URL;
- Description of what is being infringed;
- Your contact information;
- A statement by you, of your good faith belief that the material is infringing and its use is not authorized;
- A statement by you, made under the penalty of perjury, that the information you provided is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please send your notice to the following address:
DMCA Designated Agent
290 Congress Street, 7th Floor
Boston, MA 02210
Fax: +1 617.316.4200