Terms and Conditions
September 1, 2014
eCYBERMISSION Competition Terms and Conditions
Thank you for choosing to view Materials hosted on the eCYBERMISSION site. The eCYBERMISSION site contains Materials related to the eCYBERMISSION competition. Please review these eCYBERMISSION Terms and Conditions before using any eCYBERMISSION Materials, including any student-developed web sites and information, and competition support Materials ("Materials"). If you are a minor (generally less than 18 years of age), you must ask your parent or guardian to approve your use of eCYBERMISSION Materials. By continuing to access or use any of these Materials, you, as a user, signify that you have read and accepted these Terms and Conditions, and, if you are a minor, that your parent or guardian has approved your use of these Materials and has read and accepted these Terms and Conditions.
eCYBERMISSION Materials may include web sites created by pre-collegiate students. These web sites are designed to stimulate your thinking, but they may not necessarily be authoritative sources of information. Like all pre-collegiate students, eCYBERMISSION participants are not yet professionals in any field. These web sites may also contain contributions from viewers who are unknown to the eCYBERMISSION program staff or any eCYBERMISSION participant. You should bear this in mind whenever you use any eCYBERMISSION Materials, and you should not rely on any of these Materials without conducting your own research or, where appropriate, consulting an expert in the appropriate field.
Terms And Conditions
General Conditions. I agree (a) to comply with U.S. law, any other applicable law, and these Terms and Conditions ("Terms"), regarding your use of any data or other Materials that are part of the eCYBERMISSION Materials, (b) not to use any eCYBERMISSION Materials for any illegal purpose or in a manner not authorized by these Terms, and (c) not to interfere with or disrupt networks connected to, or hosting, eCYBERMISSION Materials.
Intellectual Property. eCYBERMISSION Materials are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the U.S. eCYBERMISSION Materials are also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You acquire no rights or licenses in or to any eCYBERMISSION Materials other than the limited right to use these Materials in accordance with these Terms. You agree to abide by all posted copyright notices or restrictions relating to eCYBERMISSION Materials.
Restrictions on Use. eCYBERMISSION Materials have been developed by the U.S. Army, eCYBERMISSION participants, and/or Contributors who have consented to having their Materials included in eCYBERMISSION Materials. You agree to use eCYBERMISSION Materials solely for your own non-commercial use and benefit, and not for resale or for the benefit of, any other person or entity. YOU MAY NOT COPY, REPRODUCE, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, CREATE DERIVATIVE WORKS FROM, TRANSMIT, OR IN ANY WAY EXPLOIT ANY PART OF THE eCYBERMISSION PROGRAM MATERIALS, EXCEPT THAT YOU MAY DOWNLOAD eCYBERMISSION MATERIALS AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NON-COMMERCIAL USE, IF YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
Contributions. By contributing to eCYBERMISSION Materials, in whatever form, you represent (a) that you have all necessary intellectual property rights in the contributions or other information that you have provided, and you authorize eCYBERMISSION participants to use, and/or authorize others to use, any such contributions, without limitations, and (b) that all Materials are suitable for use in schools by students aged 12 through 19.
Disclaimers of Warranties. (a) eCYBERMISSION Materials are provided "AS IS," and you agree to use eCYBERMISSION Materials and the sites hosting those Materials at your sole risk. Neither the U.S. Army nor any eCYBERMISSION participant or contributor to eCYBERMISSION Materials (1) makes any warranty to you of any kind, expressed or implied, including, but not limited to, merchantability, non-infringement, title or fitness for a particular purpose or use, or (2) guarantees the accuracy, completeness, usefulness or adequacy of any eCYBERMISSION Materials.(b) Neither the U.S. Army nor any eCYBERMISSION participant or contributor warrants that eCYBERMISSION Materials are compatible with your equipment or are free of errors or viruses, worms or "Trojan Horses," and neither the U.S. Army nor any eCYBERMISSION participant or contributor shall be liable for any damage you may suffer as a result of your access to or use of eCYBERMISSION Materials. (c) The U.S. Army does not maintain or control the content of other web sites that may be linked to the eCYBERMISSION site. The U.S. Army is not responsible for the availability or content of any other sites, services or goods that may be linked to eCYBERMISSION Materials. The U.S. Army does not (1) make any warranty, expressed or implied, concerning the links available from eCYBERMISSION Materials, or (2) endorse any other web site that may be linked to the eCYBERMISSION Materials.
Limitation of Liability. Neither the U.S. Army nor any eCYBERMISSION participant or contributor shall be responsible or liable to you or any other person using eCYBERMISSION Materials for any injury or damage, whether caused by the negligence of the U.S. Army or any contributor to eCYBERMISSION Materials or its or their employees, subcontractors, agents, or otherwise arising in connection with eCYBERMISSION Materials, and none of them shall be liable for any lost profits, revenue, or business, or for punitive, direct, indirect, incidental, consequential, special, or exemplary damages or any claim against any party. Additionally, neither the U.S. Army nor any eCYBERMISSION participant or contributor shall be liable to you or any person for any fault or other failure of eCYBERMISSION Materials that damages any of your property.
Indemnification. You agree, at your own expense, to indemnify, defend, and hold harmless the U.S. Army and the eCYBERMISSION participants against any claim, suit, action, or other proceeding brought against one or more of the U.S. Army and/or said participants and its and/or their employees, representatives, suppliers, and agents, by a third party, to the extent that such claim, suit, action or other proceeding is, in whole or in part, based on or arises in connection with your use of or contributions to eCYBERMISSION Materials.
Governing Law & Arbitration. These Terms shall be governed and construed in accordance with the laws of the United States without giving effect to conflicts of law principles thereof. Any unresolved dispute, controversy, or claim arising out of or relating to this Agreement or any breach or alleged breach hereof, shall, upon the request of either party, be submitted to and settled by arbitration to be conducted in Washington, D.C., pursuant to the rules then in effect of the American Arbitration Association, unless otherwise agreed in writing by the parties. Any award or other determination rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of any forum, state or federal, having jurisdiction. The expenses of the arbitration shall be borne equally by the parties, but each party shall pay for the costs of its own counsel, witnesses and other personal expenses.
Access Outside the United States. If you access the eCYBERMISSION Materials from outside the United States, you are responsible for complying with non-U.S. and local laws and with United States export laws.
Modification of Terms. The U.S. Army reserves the right to modify these Terms at any time within its sole discretion. You accept these modifications by continuing to use any eCYBERMISSION Materials after these modifications have been posted on the eCYBERMISSION site. If, at any time, you do not accept these Terms, you may no longer use the eCYBERMISSION site.
Severability. If any provision of the Terms is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of this Agreement will remain in force.
Entire Agreement. These Terms constitute the entire agreement between you and the U.S. Army concerning the subject matter of this agreement.