1.1 These terms and conditions shall govern your use of our website.
1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.
1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.
1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.
2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).
3. Copyright notice
3.1 Copyright (c) 2017 Analytical Madness.
3.2 Subject to the express provisions of these terms and conditions:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
4. Licence to use website
4.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website;
(d) [stream audio and video files from our website]; and
(e) [use [our website services] by means of a web browser],
subject to the other provisions of these terms and conditions.
4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.
4.3 You may only use our website for [your own personal and business purposes], and you must not use our website for any other purposes.
4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.
4.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
4.6 Notwithstanding Section 4.5, you may redistribute [our newsletter] in [print and electronic form] to [any person].
4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
5. Acceptable use
5.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) [conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];
(e) [access or otherwise interact with our website using any robot, spider or other automated means[, except for the purpose of [search engine indexing]]];
(f) [violate the directives set out in the robots.txt file for our website]; or
(g) [use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing)].
[additional list items]
5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.
5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is [true, accurate, current, complete and non-misleading].
6. Fair use
This site may contain copyrighted material the use of which has not always been specifically authorized by the copyright owner. It is being made available in an effort to advance the understanding of environmental, political, human rights, economic, democratic, scientific, and social justice issues, etc.. It is believed that this constitutes a ‘fair use’ of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. If you wish to use copyrighted material from this site for purposes of your own that go beyond ‘fair use’, you must obtain permission from the copyright owner.
7. Limited warranties
7.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on our website;
(b) that the material on the website is up to date; or
(c) that the website or any service on the website will remain available.
7.2 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
7.3 To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.
8. Limitations and exclusions of liability
8.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
8.2 The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:
(a) are subject to Section 12.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
8.3 To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.
8.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
8.5 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
8.6 We will not be liable to you in respect of any loss or corruption of any data, database or software.
8.7 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
8.8 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
9. Breaches of these terms and conditions
9.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
9.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking.
10.1 We may revise these terms and conditions from time to time.
10.2 We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.
10.3 If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.
11.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
11.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
12.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
12.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Third party rights
13.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
13.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
14. Entire agreement
1.1 Children’s Privacy
Analytical Madness is committed to protecting the privacy needs of children, and we encourage parents and guardians to take an active role in their children’s online activities and interests. Analytical Madness does not intentionally collect information from minors, and Analytical Madness does not target its web site to children.
1.2 Links to Non-Operators Web Sites
2. Types of Information We Collect
2.1 Non-Personal Information
Non-personal information is data about usage and service operation that is not directly associated with a specific personal identity. Analytical Madness may collect and analyze non-personal information to evaluate how visitors use the Analytical Madness’s web sites.
2.2 Aggregate Information
Analytical Madness may gather aggregate information, which refers to information your computer automatically provides to us and that cannot be tied back to you as a specific individual. Examples include referral data (the web sites you visited just before and just after our site), the pages viewed, time spent at our Web site, and Internet Protocol (IP) addresses. An IP address is a number that is automatically assigned to your computer whenever you access the Internet. For example, when you request a page from one of our sites, our servers log your IP address to create aggregate reports on user demographics and traffic patterns and for purposes of system administration.
2.3 Log Files
Every time you request or download a file from the web site, Analytical Madness may store data about these events and your IP address in a log file. Analytical Madness may use this information to analyze trends, administer the web site, track users’ movements, and gather broad demographic information for aggregate use or for other business purposes.
Most browser software can be set up to deal with cookies. You may modify your browser preference to provide you with choices relating to cookies. You have the choice to accept all cookies, to be notified when a cookie is set or to reject all cookies. If you choose to reject cookies, certain of the functions and conveniences of our web site may not work properly, and you may be unable to use those of Analytical Madness’s services that require registration in order to participate, or you will have to re-register each time you visit our site. Most browsers offer instructions on how to reset the browser to reject cookies in the “Help” section of the toolbar. We do not link non-personal information from cookies to personally identifiable information without your permission.
2.5 Web Beacons
Analytical Madness’s web site also may use web beacons to collect non-personal information about your use of our web site and the web sites of selected sponsors or members, your use of special promotions or newsletters, and other activities. The information collected by web beacons allows us to statistically monitor how many people are using our web site and selected sponsors’ sites; how many people open our emails; and for what purposes these actions are being taken. Our web beacons are not used to track your activity outside of our web site or those of our sponsors. Analytical Madness does not link non-personal information from web beacons to personally identifiable information without your permission.
2.6 Personal Information
Personal information is information that is associated with your name or personal identity. Analytical Madness uses personal information to better understand your needs and interests and to provide you with better service. On some of the Analytical Madness web pages, you may be able to request information, subscribe to mailing lists, participate in online discussions, collaborate on documents, provide feedback, submit information into registries, register for events, apply for membership, or join technical committees or working groups. The types of personal information you provide to us on these pages may include name, address, phone number, e-mail address, user IDs, passwords, billing information, or credit card information.
2.7 Members-Only Web Sites
Information you provide on Operators’s membership applications is used to create a member profile, and some information may be shared with other of Analytical Madness’s individual member representatives and organizations. Member contact information may be provided to other members on a secure web site to encourage and facilitate collaboration, research, and the free exchange of information among Analytical Madness’s members, but we expressly prohibit members from using member contact information to send unsolicited commercial correspondence. Analytical Madness’s members may be automatically added to Analytical Madness’s mailing lists. From time to time, member information may be shared with event organizers and/or other organizations that provide additional benefits to the Analytical Madness’s members. By providing us with your personal information on the membership application, you expressly consent to our storing, processing, and distributing your information for these purposes.
3. How We Use Your Information
Analytical Madness may use non-personal data that is aggregated for reporting about the Analytical Madness’s web site usability, performance, and effectiveness. It may be used to improve the experience, usability, and content of the site.
Analytical Madness may use personal information to provide services that support the activities of Analytical Madness’s members and their collaboration on the Analytical Madness’s standards and projects. When accessing Analytical Madness’s members-only web pages, your personal user information may be tracked by Analytical Madness in order to support collaboration, ensure authorized access, and enable communication between members.
Credit card information may be collected to facilitate membership applications; or if you purchase a product or service from our website, such information will not be kept longer than necessary for providing the services requested. Credit card numbers are used only for processing payment and are not used for other purposes. Payment processing services may be provided by a third-party payment service, and a management company external to Analytical Madness may provide support for the financial activities of Analytical Madness. Analytical Madness may share your personal information with its partners to facilitate these transactions.
3.1 Information Sharing
In keeping with our open process, Analytical Madness may maintain publicly accessible archives for the majority of our activities. For example, posting an email to any of Analytical Madness’s-hosted public mail lists or discussion forums, subscribing to one of our newsletters or registering for one of our public meetings may result in your email address becoming part of the publicly accessible archives.
On some sites, anonymous users are allowed to post content and/or participate in forum discussions. In such a case, since no user name can be associated with such a user, the IP address number of a user is used as an identifier. When posting content or messages to a Operators site anonymously, your IP address may be revealed to the public.
If you are a registered member of an Operators’s website or email list, you should be aware that some items of your personal information may be visible to other members and to the public. Analytical Madness’s member databases may retain information about your name, e-mail address, company affiliation (if an organizational member), and such other personal address and identifying data as you choose to supply. That data may be visible to other of Analytical Madness’s members and to the public. Your name, e-mail address, and other information you may supply also may be associated in Analytical Madness’s publicly accessible records with the Analytical Madness’s various committees, working groups, and similar activities that you join, in various places, including: (i) the permanently-posted attendance and membership records of those activities; (ii) documents generated by the activity, which may be permanently archived; and, (iii) along with message content, in the permanent archives of Analytical Madness’s e-mail lists, which also may be public.
Please remember that any information (including personal information) that you disclose in public areas of our web site, such as forums, comments, message boards, and news groups, becomes public information that others may collect, circulate, and use. Because we cannot and do not control the acts of others, you should exercise caution when deciding to disclose information about yourself or others in public forums such as these.
If you do not want your personal information collected and used by Analytical Madness, please do not visit the Analytical Madness web site or apply for membership of any of the Analytical Madness’ websites or email lists.
3.2 Access to and Accuracy of Member Information
Analytical Madness is committed to keeping the personal information of our members accurate. All the information you have submitted to us can be verified and changed. In order to do this, please email us a request. We may provide members with online access to their own personal profiles, enabling them to update or delete information at any time. To protect our members’ privacy and security, we also may take reasonable steps to verify identity, such as a user ID and password, before granting access to modify personal profile data. Certain areas of Analytical Madness’s web sites may limit access to specific individuals through the use of passwords or other personal identifiers; a password prompt is your indication that a members-only resource is being accessed.
Analytical Madness makes every effort to protect personal information by users of the web site, including using firewalls and other security measures on its servers. No server, however, is 100% secure, and you should take this into account when submitting personal or confidential information about yourself on any web site, including this one. Much of the personal information is used in conjunction with member services such as collaboration and discussion, so some types of personal information such as your name, company affiliation, and email address will be visible to other Analytical Madness’s members and to the public. Analytical Madness assumes no liability for the interception, alteration, or misuse of the information you provide. You alone are responsible for maintaining the secrecy of your personal information. Please use care when use access this web site and provide personal information.
4. Opting Out
From time to time Analytical Madness may email you electronic newsletters, announcements, surveys or other information. If you prefer not to receive any or all of these communications, you may opt out by following the directions provided within the electronic newsletters and announcements.