Terms of Use

Welcome to the Association for Laboratory Phonology (LabPhon) website (the “Site”). This page provides Terms of Use for the labphon.org website. You should review these Terms of Use before using the Site. You should also review LabPhon’s Privacy Statement (LINK).

The terms “You” and “User” refer to anyone who accesses, views, downloads, or otherwise uses the Site. By using the Site, you agree to be bound to these Terms of Use. Use of the Site includes, among other actions, accessing, viewing, and downloading information from the Site. You are bound by these Terms of Use in your individual capacity even in the event that you are accessing the Site on behalf of a company that may have a separate agreement with LabPhon.

If you do not wish to be bound by these Terms of Use, do not join LabPhon and do not access, view, download, or otherwise use the Site.

Website Content Use

a. Copyright and Other Intellectual Property Rights

The Content of the Site includes, but is not limited to, all text, graphics, trademarks, logos, images, links, and underlying code. All Content on the website is protected under copyright, trademark, and other intellectual property laws. The Content is the property of LabPhon or third-parties who have granted LabPhon a license to use the Content. You agree not to remove or obscure any notices (copyright, trademark, or otherwise) found throughout the Site. Permission to use the Content may be obtained on a case-by-case basis. Please direct any requests to use the Content to webmanager@labphon.org.

b. Names, Logos, and Trademarks

You agree not to use the LabPhon name, logo, or any other trademark or service mark associated with LabPhon for any purpose without the prior written consent of LabPhon.

C. Prohibited Use

You agree not to modify, alter, reproduce, distribute, or create derivative works of the Content without the prior written consent of LabPhon. You agree not to interfere with the normal working ability of the Site. You agree not to tamper with any of the Content by destroying, changing, or modifying any information available on the Site, whether posted by LabPhon or a third-party. You agree to comply with these Terms of Use and all applicable laws. You agree not to use the Content or access any information obtained through the Site for commercial purposes. You agree not to provide or post any false or misleading information about yourself, delete or change any information posted by another person, or share your user password with any third-party. You also agree not to post any copyrighted material without written permission of the copyright owner. You further agree not to post any information you do not have the right to disclose, such as confidential information subject to employment non-disclosure agreements. You also agree not to post any content that violates any intellectual property rights of a third-party, including copyright, trademark, trade secrets, and patents. You agree not to post any information that is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable. You agree not to use the Site for any illegal purpose, such as conspiring to violate any law. You agree not to use any manual or automated software, devices, or other processes to “crawl” or “spider” any pages on the Site.

Waiver of Warranties

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LABPHON DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. LABPHON DISCLAIMS, TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. LABPHON IS NOT RESPONSIBLE AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES. THE CONTENT OF THE SITE MAY CONTAIN ERRORS, FACTUAL OR TYPOGRAPHICAL, AND OTHER INACCURACIES. LABPHON MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT. COMPUTER SOFTWARE AND HARDWARE IS IMPERFECT AND SUBJECT TO VIRUSES, ATTACKS BY HACKERS, AND OTHER POTENTIALLY HARMFUL DANGERS. LABPHON DOES NOT MAKE ANY REPRESENTATIONS AND IT DOES NOT WARRANT THAT THE SITE WILL BE FREE OF DEFECTS OR THAT THE SITE IS FREE OF COMPUTER VIRUSES AND OTHER POTENTIALLY HARMFUL DANGERS. LABPHON IS NOT RESPONSIBLE FOR ANY HARM DONE TO YOUR COMPUTER, LAPTOP, OR OTHER ELECTRONIC DEVICE USED TO ACCESS THE SITE. THE WAIVER OF WARRANTIES DESCRIBED ABOVE IS NOT ALLOWED IN SOME JURISDICTIONS. IF YOU ACCESS THE SITE FROM ONE OF SUCH JURISDICTIONS, THIS WAIVER MAY NOT APPLY TO YOU.

Disclaimer of Liabilities

LABPHON IS NOT LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE. THIS LIMITATION IN DAMAGES INCLUDES, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, AND DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER LABPHON IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL LABPHON’S TOTAL CUMULATIVE DAMAGES EXCEED ONE HUNDRED DOLLARS ($100). THIS LIMITATION IN DAMAGES MAY NOT APPLY TO YOU IF YOU LIVE IN CERTAIN JURISDICTIONS.

Links to Third-Party Websites

For your convenience, the Site includes links to the Journal of the Association of Laboratory Phonology. You may also find links to other third-party sites. These links do not mean that LabPhon endorses the websites to which the links point. LabPhon does not monitor and has no obligation to monitor such websites, and you agree that LabPhon is not responsible for the content, any technical problems, or any other problems associated with the links, the third-party website to which the link points, or your use of those websites. You follow those links at your own risk.

Linking to the Site and Framing

You agree not to establish a link to the Site on another website without the prior written authorization of LabPhon. If you establish a link from any other website to the Site, you agree to immediately deactivate the link upon receiving notice of objection to the link from LabPhon. You further agree not to “frame” or otherwise simulate the appearance of any of the pages of the Site.

Member Section of the Site

If you decide to become a member of LabPhon, you agree to provide accurate information and to maintain your profile up to date. You are responsible for maintaining the confidentiality of your information and password. You agree not to sell, trade, or otherwise transfer your account or any information associated with your account to any other person. You also agree not to charge anyone for access to the member section of the Site. Your account may be suspended or terminated, at the sole discretion of LabPhon, if you knowingly provide your login and password to another person. You agree to notify LabPhon immediately of any unauthorized use of your password or account or any other breach of security.

You also agree to receive email communications from LabPhon concerning your membership and any products offered to you by LabPhon. You may opt-out from receiving copies of the journal or other communications from LabPhon concerning the benefits of your membership.

Termination

LabPhon may terminate your account for any of the following reasons: (a) breach of these Terms of Use or any other applicable policies and agreements with you, (b) requests by law enforcement and other government agencies, (c) your request, (d) unexpected technical problems, and (e) extended periods of inactivity. LabPhon may, at its own discretion, pursue all legal remedies available to it for any breach of these Terms of Use or any other rights infringed by a user’s action.

Indemnification

You agree to defend, indemnify, and hold harmless LabPhon, its officers, directors, employees, and agents, from and against any and all claims, actions, or demands, including reasonable legal and accounting fees, alleging or resulting from your use of the Site or your failure to comply with these Terms of Use. Such indemnification extends to claims from third-parties for your submission of Content that violates their rights or any applicable laws. LabPhon will promptly provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding.

Accessing the Site Outside the United States

If you access the Site from outside the United States, you are doing so at your own risk. You also agree to comply with all local rules, including any rules regarding online conduct and acceptable content. You further agree to comply with all laws regarding transmission of technical data exported from the United States or the country from which you are accessing the Site. To the extent permitted by the laws of the applicable jurisdiction, LabPhon is not responsible for any violation of a foreign jurisdiction’s law caused by your access to the Site.

Monitoring and Enforcement

LabPhon has the right to monitor any activity and content associated with the Site, but LabPhon is not obligated to do so. LabPhon will remove any content that it deems, in its sole discretion, to be offensive, objectionable, or which may violate standards of conduct, these Terms of Use, or any law applicable to the Site. As you should be aware, community standards of decency vary from jurisdiction to jurisdiction and some of the Content you may encounter in the Site may appear offensive to you. If you have any issues with the Content found in the Site, please contact the web manager at webmanager@labphon.org. LabPhon reserves the right to investigate any reports of violations of these Terms of Use or any complaints concerning the Content of the Site. LabPhon may take any action deemed appropriate, including removal of the Content, revocation of membership, denial of access, and termination of subscriptions. LabPhon may not take any action if it determines, in its sole discretion, that no action is required. As stated above in the Disclaimer of Liabilities, LabPhon is not liable for any damages resulting from your access to the Site and its Content.

Governing Laws

These Terms of Use are governed by the laws of the District of Columbia and any claims arising under these Terms of Use or the Content of the Site shall be brought exclusively with the state and federal courts within the District of Columbia. You shall not seek or be entitled to rescission, injunctive relief, or other equitable relief, or to enjoin or restrain the function of the Site. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provisions shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. A waiver of any provision of these Terms of Use shall not be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use.

Updates and Modifications

LabPhon may modify the Site, these Terms of Use, its policies, and other agreements and documents associated with the Site at any time, without notice, in its sole discretion. The changes or modifications to these Terms of Use will be posted on the Site. You are responsible for reviewing these Terms of Use and before accessing the Site.

For more information about these Terms of Use contact the Secretary of LabPhon, via email to secretary@labphon.org, or via the physical address notified on the Site under http://www.labphon.org/?pg=executive_council

LabPhon Terms of Use Version 1.0 June 10, 2010.