Terms of Service

Terms of Service

Submitted by Christopher Daniels on 5/18/2009 11:10:42 AM   Last updated by Christopher Daniels on 5/18/2009 2:11:20 PM

 
Welcome to Networking Nirvana.org. By accessing or using our web site (the "Site") or by posting at the Site, you signify that you have read, understand and agree to be bound by these Terms of Service ("Terms of Service" or "Agreement"), whether or not you are a registered member of Networking Nirvana. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the top of this page the date these terms were last revised. Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, do not use or access (or continue to use or access) the Service or the Site.  It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

 
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

 
You must also follow the Online Community Policies, which covers how we promote free expression and responsible publishing. 

 
1. Description of Services. The Society of Research Administrators International (“SRA”) hosts various user profile (face) pages, blogs, wikis, eGroups, and resource library materials (collectively "Services") on Networking Nirvana. You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to SRA, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account. You understand and agree that the Services are provided to you on an AS IS and AS AVAILABLE basis. SRA disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any other client software. SRA also reserves the right to modify, suspend or discontinue the Services with or without notice at any time and without any liability to you. 

 
SRA reserves the right to refuse service to anyone at any time without notice for any reason. 

 
2. Proper Use. You agree that you are responsible for your own use of the Services, for any posts you make, and for any consequences thereof. You agree that you will use the Services 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. 

 
You agree to abide by the Online Community Policies and the rules and restrictions therein. Although we may attempt to notify you when major changes are made to the Online Community Policies or the Terms, you should periodically review the most up-to-date version. SRA may, in its sole discretion, modify or revise these documents at any time, and you agree to be bound by such modifications or revisions. 

 
Violation of any of the foregoing, including the Online Community Policies, may result in immediate termination of this Agreement, and may subject you to state and federal penalties and other legal consequences. SRA reserves the right, but shall have no obligation, to investigate your use of the Services in order to (a) determine whether a violation of the Agreement has occurred or (b) comply with any applicable law, regulation, legal process or governmental request. 

 
Much of the content of Networking Nirvana -- including the content of specific postings -- is provided by and is the responsibility of the person or people who made such postings.  SRA does not monitor the content of Networking Nirvana and takes no responsibility for such content. Instead, SRA merely provides access to such content as a service to you. 

SRA does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any communications posted via the Services or endorse any opinions expressed via the Services. You acknowledge that any reliance on material posted via the Services will be at your own risk. 

 
3. General Practices Regarding Use and Storage. You agree that SRA 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 Services. SRA retains the right to create limits on use and storage at its sole discretion at any time with or without notice. 

 
4. Content of the Services. The Site contains (or you may be sent through the Site or the Service) links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site. 

 
SRA takes no responsibility for third-party content (including, without limitation, any viruses or other disabling features), nor does SRA have any obligation to monitor such third-party content. SRA reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates the terms of this Agreement. SRA also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce this Agreement, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of SRA, its users and the public. SRA will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement. 

 
5. Intellectual Property Rights.
SRA's Intellectual Property Rights. You acknowledge that SRA owns all right, title and interest in and to the Services, including all intellectual property rights (the "SRA Rights").  NETWORK NIRVANA, and other SRA graphics, logos, designs, page headers, button icons, scripts and service names are registered trademarks, trademarks or trade dress of Company in the U.S. and/or other countries. SRA’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company.  SRA Rights are protected by U.S. and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services. As described immediately below, SRA Rights do not include third-party content used as part of the Services, including the content of communications appearing on the Services. 

 
Your Intellectual Property Rights. SRA claims no ownership or control over any Content submitted, posted or displayed by you on or through SRA services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through SRA services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through SRA services which are intended to be available to the members of the public, you grant SRA a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such Content on SRA services for the purpose of displaying and distributing SRA services. SRA furthermore reserves the right to refuse to accept, post, display or transmit any Content at its sole discretion. 

 
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted. 

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, SRA has adopted a policy of terminating, in appropriate circumstances and at SRA’s sole discretion, members who are deemed to be repeat infringers. SRA may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

 
6. No Resale of the Services. Unless expressly authorized in writing by SRA, you agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes (a) any portion of the Services, (b) use of the Services, or (c) access to the Services. 

 
7. Representations and Warranties. You represent and warrant that (a) all of the information provided by you to SRA to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder. 

 
8. Termination; Suspension. SRA may, in its sole discretion, at any time and for any reason, terminate the Services, terminate this Agreement, or suspend or terminate your account. 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. Sections 2, 4-6, and 9 - 13 of the Agreement, along with applicable provisions of the general Terms (including the section regarding limitation of liability), shall survive expiration or termination. 

 

9. Indemnification. You agree to hold harmless, indemnify and defend SRA, and its directors, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Services, 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, SRA will provide you with written notice of such claim, suit or action. 

 
10. Entire Agreement. This Agreement constitutes the entire agreement between you and SRA and governs your use of the Services, superseding any prior agreements between you and SRA. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other SRA services, affiliate services, third-party content or third-party software. 

 
11. Waiver and Severability of Terms. The failure of SRA to exercise or enforce any right or provision of the Terms of Services shall not constitute a waiver of such right or provision. If any provision of the Terms of Services 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 Services remain in full force and effect. 

 
12. 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 SRA services or the Terms of Services must be filed within one (1) year after such claim or cause of action arose or be forever barred. 

 
13. Choice of Law; Jurisdiction; Forum. These Terms of Services will be governed by and construed in accordance with the laws of the Commonwealth of Virginia in the Unites States, without giving effect to its conflict of law provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services will be brought solely in state and federal courts of the Commonwealth of Virginia and you consent to the jurisdiction of such courts. 

 
14. Copyright Information.  We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the website or service any materials that violate another party's intellectual property rights. When we receive proper notification of alleged copyright infringement, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. 


If you believe that your copyright has been infringed on the Services, please use the Contact Us button on Networking Nirvana to inform us of this fact or call +1.703.741.0140 for information on how to file or respond to a notice of infringement. 

 


 

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