Last updated: February 1, 2021
By accessing or using the Site, including registering for any products or services in connection with the Site, you represent that you (a) are at least 18 years old or otherwise meet the legal age to consent in the jurisdiction you are located, (b) have the legal right, authority and capacity to enter into the Agreement, and (c) agree to be bound by all the terms and conditions in the Agreement. If you do not meet the age requirement or do not agree, you must immediately discontinue your use of the Site.
The Site may contain features that enable you to voluntarily register, sign-up or opt-in to receive certain products, services or notifications by providing your first and last name, email address and zip code/country (“User Account”). If you choose to register for a User Account, you represent and warrant that all information you provide in connection with your User Account is truthful and accurate, and you agree to receive communications and materials from ASU using the email address you provide. You may terminate your User Account and opt-out/unsubscribe from receiving certain communications from ASU using information in your User Account at any time. You shall not transfer, assign, sublease, sublicense or allow others to access or use your User Account. All User Account information is subject to ASU’s Privacy Statement.
Site Content includes Third Party Content and User Content (both defined below). The Site and all Site Content is licensed, not sold. Subject to your compliance with the Agreement, ASU grants to you a non-exclusive, non-transferable license to access and use the Site and any associated Site Content via a web connection over the internet. Your access to and use of any Site Content is solely at your own risk. ASU reserves the right to change, remove, modify or edit the Site and any Site Content at any time, for any reason, without notice or obligation to you or any other users of the Site. Some Site Content may be subject to additional restrictions on reproduction or modification and you are solely responsible for adhering to such restrictions.
User Content. The Site may contain forums or features that enable you or other Site visitors to customize the display of certain Site Content, or post or upload information or comments (“User Content”), which are made publicly available and accessible on the Site. ASU is not liable to you in any way for any User Content on the Site. You understand and agree that User Content includes information, views, opinions and recommendations of many individuals and organizations and is designed to help you gather the information useful in your research and/or decision making. Importantly, you are responsible for your own decisions and for properly analyzing and verifying any information you intend to rely upon. ASU does not endorse any recommendation or opinion made by any user. ASU does not routinely screen, edit, or review User Content. However, ASU reserves the right to monitor or remove any User Content from the Site at any time without notice. You should be aware that other users may not be who they say they are. ASU takes no action to perform a background check on any of the Site’s users.
If you provide any User Content, you represent and warrant that you own all rights or have all necessary licenses or authorizations to your User Content and that your User Content does not contain anything that is illegal, obscene, threatening, defamatory, harmful, or that infringes or misappropriates any third party’s intellectual property rights. You agree to not provide User Content for purposes of political campaigning, commercial solicitation, scams, mass mailings or spam.
Neither the Arizona Board of Regents (“ABOR”), ASU nor any of their respective employees or affiliates are responsible or liable for any claims, losses, expenses or damages arising as a result of the use or interpretation of the Site Content.
Unless otherwise agreed in writing by ASU, the Site and Site Content is for your personal and non-commercial use only. You represent and warrant that you will not (and will not encourage, assist or enable others to):
Transmit any computer viruses, worms, exploits, Trojan horses or other harmful materials in or through the Site;
Use any robot, spider, site search/retrieval application or other automated device, process or means to access, retrieve, scrape or index any portion of the Site;
Use or attempt to use the Site in any manner that could damage, disable or interfere with the proper working the Site;
Modify, decompile, disassemble, reserve engineer or create derivative works based on the Site;
Gain or attempt to gain unauthorized access to the Site including any servers, systems, networks or security related features through hacking, phishing, social engineering or any other means;
Copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Site Content, without ASU’s prior written consent;
Violate ASU’s, its affiliates’, or any third party’s rights, including any breach of confidentiality, privacy, intellectual property or other proprietary rights; or
Violate the terms of the Agreement or any applicable laws.
You may provide ASU with any Submissions at your sole risk and discretion. “Submissions” means any solicited or unsolicited comments, questions, feedback, suggestions, ideas, proposals, business plans, applications or other materials that you post, submit, share or otherwise provide to ASU. Submissions include your User Content. Unless otherwise agreed in writing by ASU, you acknowledge that ASU does not have an obligation to keep Submissions confidential and you agree to not provide ASU with any Submissions that you consider to be confidential, proprietary or sensitive in nature, or that contains information about third parties of the same. All information you provide in connection with any Submissions are subject to ASU’s Privacy Statement.
You hereby release the State of Arizona, the Arizona Board of Regents and Arizona State University (and their officers, agents, faculty, staff, employees, representatives and successors) from liability for any damages, losses, liabilities, judgments, causes of action, costs or expenses (including reasonable attorneys’ fees and costs) arising out of any claim by you and/or by a third party relating to any Submissions (including, without limitation, User Content) that you upload, post or submit on the Site.
ASU or its licensors own all right, title and interest in and to the Site and Site Content, including all associated intellectual property rights. No ownership interest in any part of the Site is given to you. All designs, text, code, graphics, and interfaces, and the selection and arrangements thereof, on the Site are the property of ASU, or ASU’s content suppliers and licensors, and are protected by U.S. and international copyright laws. All rights not expressly granted herein are reserved.
The Site contains names and logos of ASU and ASU’s collaborative partners that have contributed to the Site Content and/or the development of the Allen Coral Atlas (collectively, “Partner Marks”). All Partner Marks are trademarks owned by the respective partners as provided on the Site. “ASU” and “Allen Coral Atlas,” and all logos and design marks used in connection therewith (collectively, “ASUMarks”) are trademarks owned by ABOR. Partner Marks and ASU Marks may not be used in connection with any other goods or services or in any manner that is likely to cause confusion or disparagement to ASU, its collaborative partners or their affiliates.
THE SITE, INCLUDING ALL SITE CONTENT, IS PROVIDED ON AN “AS-IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, ASU DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ASU, ITS AFFILIATES AND LICENSORS ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, SECURITY OR RELIABILITY OF THE SITE OR SITE CONTENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASU, ITS AFFILIATES, PARTNERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS OF USE, BUSINESS INTERUPTION, OR LOSS OF DATA) ARISING OUT OF OR RELATING TO THE SITE OR SITE CONTENT, EVEN IF ASU IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend and hold harmless the State of Arizona, the Arizona Board of Regents and Arizona State University and their affiliates, partners, and respective officers, directors, employees, agents and representatives (collectively, the “Indemnified Parties”), for, from, and against any and all third party claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation, and litigation) arising out of or relating to (i) your use of the Site or Site Content, (ii) your violation of the Agreement, or (iii) infringement or misappropriation by you of any third party’s intellectual property or proprietary rights. You agree to not settle or admit liability or fault on behalf of any Indemnified Party without its prior written consent. ASU will use commercially reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
The Site is controlled and operated by ASU from its offices within the State of Arizona, United States of America. ASU makes no representation that the Site Content is appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent applicable. You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and Site Content, including without limitation all laws applicable to the United States and the territory or jurisdiction in which you are located.
You are solely responsible for obtaining permission from the copyright owner of any Site Content prior to your use, copy or reproduction and include the required attributions or proprietary notices. Any unauthorized use, reproduction or distribution of the designs, text, code, graphics, interfaces or other copyright protected works (whether marked as such or not) appearing on the Site or in Site Content is a violation of copyright, trademark and other applicable laws that may result in civil or criminal penalties or fines. Pursuant to Title 17, United States Code, Section 512 (c)(2), notifications of claimed copyright infringement should be sent to email@example.com.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Arizona without regard to conflict of law provisions. For any claim related to this Agreement, you irrevocably submit to the personal and exclusive jurisdiction in and the exclusive venue of the state and federal courts having jurisdiction in Maricopa County, Arizona. No action arising under or relating to the Agreement may be brought by either party more than one year after the cause of action has accrued.