Terms and Conditions
WHAT THESE IIAV TERMS AND CONDITIONS GOVERN
1. DESCRIPTION OF SERVICE
IIAV provides users with access to a rich collection of resources, including various communication tools, newsletters, IIAV services payments, search services, journal papers and user profiles. You also understand and agree that the IIAV service may include advertisements from companies or organisations related to the fields of acoustics, noise and vibration. IIAV reserves the right to send you certain communications relating to the IIAV, such as election and other announcements, information about IIAV sponsored events including conferences and annual congresses, IIAV news, administrative messages, and seasonal greetings, without offering you the opportunity to opt out of receiving them.
Only IIAV members logged into the website will be able to set or modify their user profile and have access to full text journal papers of the IJAV.
IIAV assumes no responsibility for the timeliness, deletion, or failure to store any user communications or personal information. You are responsible for obtaining access to the IIAV website and services, and for any associated third-party fees (such as those of an Internet service provider and/or various airtime charges). In addition, you must provide and be responsible for all equipment necessary to access the IIAV website and its services.
All the IIAV resources are stored on a professional hosting service provider and these are regularly backed-up. Any software used by the website is legal and provided by the service provider.
2. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the IIAV website, you must vouch that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States, your country of residence, or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the IIAV service registration form and (b) maintain and promptly update the registration data so as to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if IIAV has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IIAV has the right to suspend or terminate your profile and to refuse any and all current or future use of the membership benefits.
4. MEMBER PROFILE ACCOUNT, PASSWORD AND SECURITY
You may choose and enter a password and upon completing the IIAV membership registration process receive access to your own profile account on the IIAV website. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your password. You agree to:
a. Immediately notify the website administrator of any unauthorized use of your password or account or any other breach of security;
b. Ensure that you exit from your account at the end of each on-line session.
You are responsible for entering, maintaining and updating the information in your profile as necessary.
5. MODIFICATIONS TO SERVICE
IIAV reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. IIAV shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website that may occur.
6. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
IIAV respects the intellectual property of others, and we ask our members to do the same. IIAV may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who place material on the IIAV website that infringes copyright. If you believe that your work has been copied and placed on the IIAV website in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated by the presence of material on the web site, please provide the IIAV Executive Director with the information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512. This includes:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged to be infringed;
b. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit IIAV to locate the material;
d. Information reasonably sufficient to permit IIAV to contact the complainant;
e. A statement that the complainant has a good-faith belief that use of the material in the manner complained about is not authorized by the copyright owner, its agent, or the law;
f. A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of an exclusive right that has allegedly been infringed.
7. NOTICE WITH REGARDS TO DOCUMENTS ON THIS WEBSITE
Permission to display, copy and/or download any papers, articles or other works of authorship on this IIAV site (called Documents in the sequel) is hereby granted, provided that:
a. The copyright notice set forth on the Document and a statement that the Document is reproduced under permission of the Copyright Holder both appear on such displayed, copied or downloaded Documents:
b. Use or reproduction of such Documents from this IIAV website is for informational or personal use only;
c. No modifications of any Documents are made.
Any other use of the Documents is expressly prohibited.
8. DISCLAIMERS AND LIMITATION ON LIABILITY
(A) DISCLAIMER OF WARRANTIES. THE CONTENTS OF THIS WEBSITE ARE PROVIDED "AS IS," AND THE IIAV MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THIS WEBSITE OR ITS CONTENTS. IIAV DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPLETENESS AND NON-INFRINGEMENT.
(B) DISCLAIMER OF ACCURACY. THE IIAV DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS WEBSITE IS ACCURATE, COMPLETE OR CURRENT. THIS WEBSITE COULD CONTAIN TYPOGRAPHICAL ERRORS, MISCATALOGUED INFORMATION OR TECHNICAL INACCURACIES. THE IIAV RESERVES THE RIGHT TO ADD TO, CHANGE OR DELETE ITS CONTENT OR ANY PART THEREOF WITHOUT NOTICE. ANY COST, FINANCIAL OR AVAILABILITY OF INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. BY YOUR USE OF THIS WEBSITE, YOU AGREE THAT YOU DO NOT AND WILL NOT RELY ON IT BEING APPROPRIATELY CATALOGUED OR COMPLETE FOR ANY PURPOSE, INCLUDING BUT NOT LIMITED TO PATENTABILITY OF ANY INVENTION, INVALIDITY OF ANY CLAIM OF ANY PATENT OR APPLICATION, OR AUTHORSHIP AND INVENTORSHIP OF ANY ARTICLE, PATENT OR APPLICATION. YOU FURTHER AGREE THAT YOU OR YOUR AGENTS WILL NOT TAKE ANY ACTION AGAINST IIAV DUE TO SUCH RELIANCE ON ANY INFORMATION WHICH YOU BELIEVE TO BE NON CURRENT, INACCURATE OR INCOMPLETE. ADDITIONALLY, THIS WEBSITE MAY CONTAIN INFORMATION PROVIDED BY THIRD PARTIES, WHICH INCLUDES, WITHOUT LIMITATION, DOCUMENTS AND SOFTWARE. THE IIAV MAKES NO REPRESENTATION OR WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TRUTH, QUALITY, SUITABILITY OR RELIABILITY OF SUCH INFORMATION. THE IIAV IS NOT RESPONSIBLE FOR ANY ERRORS, OMISSIONS, OR INACCURACIES CONTAINED IN ANY INFORMATION PROVIDED BY SUCH THIRD PARTIES.
(C) LIMITATION ON LIABILITY. NEITHER IIAV NOR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR ANY INFORMATION, PRODUCTS OR SERVICES CONTAINED HEREIN, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL AND CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.
YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THE SITE AND WILL NOT MAKE ANY CLAIM AGAINST THE IIAV FOR LOST DATA, RE-RUN TIME, INACCURATE OUTPUT, WORK DELAYS OR LOST PROFITS RESULTING FROM THE USE OF THE MATERIALS.
(D) LIMITATION ON LIABILITY OF COPYRIGHT HOLDERS. COPYRIGHT HOLDERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME, PROFIT OR GOODWILL OR DAMAGE TO PROPERTY ARISING OUT OF ANY USE OF THE MATERIALS ON THIS WEBSITE OR PERFORMANCE OR IMPLEMENTATION OF THE CONTENTS OF THE MATERIALS THEREOF.
9. LINKS TO THIRD PARTY SITES
Any other websites that are accessible via any link on this IIAV website are not under the control of the IIAV. The IIAV is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to the information contained in such sites. The IIAV provides the linked sites to you only as a convenience and the inclusion of any such link on the IIAV website does not imply the IIAVs endorsement of the site, the organization operating such site, nor any products or services of that organization. Your linking to any off-site pages or other sites is entirely at your own risk.
10. REFERENCES TO PRODUCTS OR SERVICES
Information published by the IIAV on the IIAV website may contain references or cross references to IIAV products or services that are not announced or available in some countries Such references do not imply that IIAV intends to announce such products or services in such countries. Please contact IIAV Secretary or Executive Director for information regarding the products and services that may be available to you.
11. USER INPUT
Unless otherwise provided in the Terms and Conditions, any communication, material or feedback with regard to contents on this website transmitted by a user of this website via electronic mail or otherwise, including any data, questions, or comments regarding the content of any document or other information contained on the website, such information shall be deemed to be non-confidential and IIAV shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation.
12. GOVERNING LAW; VENUE FOR ANY PROCEEDINGS
Any action, proceeding, dispute, claim or controversy arising out of or relating to this website or these Terms and Conditions, or any IIAV products or IIAV services offered on or accessed via the website, shall (i) be governed by New York State law and controlling U.S. federal law, without application of any choice of law rules and (ii) be subject to the exclusive jurisdiction of the courts of the State of New York located in New York County or of the United States District Court of the Southern District of New York, and you hereby submit to the jurisdiction of said courts.
13. COMPLETE AGREEMENT; CHANGES TO THE TERMS AND CONDITIONS
These Terms and Conditions represent the entire understanding relating to the use of the IIAV website and prevail over any prior or contemporaneous, conflicting or additional, communications. IIAV shall have the right to revise and modify the Terms and Conditions at any time by posting the revised Terms and Conditions on the website. Any use of the website after such posting shall be deemed to constitute acceptance of the revised Terms and Conditions by the user.
"IIAV", the IIAV logo, and other IIAV logos and titles are registered trademarks or service marks of The Institute of Acoustics and Vibration. All other products, society names, company names or other marks appearing on this website are the trademarks or service marks of their respective owners. Nothing contained in the website should be construed as granting, by implication, or otherwise, any license or right to use any trademark displayed on the Site without prior written permission of IIAV or other owners.
You agree to defend, indemnify, and hold harmless the IIAV, its officers, directors, employees, members, agents and affiliates from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your breach of the Terms and Conditions. The IIAV shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
IIAV may terminate this agreement at any time. Upon termination, you agree to cease all use of this website. Without limiting the foregoing, IIAV shall have the right to immediately terminate your access and use of the website, or any portion of the website, in the event of any conduct by you or through your account which IIAV, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of the Terms and Conditions.