Terms of Use

ARCHIVED 2015-09-05, DATE APPROXIMATE · VERSION 20150905_rev01 · COMPARED WITH 20140503_rev01

Full text changes — 20140503_rev01 to 20150905_rev01

COLOUR MARKS THE SEVERITY OF A FLAGGED CLAUSE · + AND − MARK ADDED AND REMOVED

   **II. Free Services on ScientificAmerican.com**
   Scientific American.com features both free and fee-based content services. Visit our site several times a day to stay abreast of "The Science that Matters." Non-registered site visitors have limited access to site content and features. Visitors are encouraged to create an account ("register") on ScientificAmerican.com to take advantage of additional free content and services, including the ability to comment on articles and features, and subscribe to free newsletters.
   **A) Site Registration**
+When you create an account ("register") on ScientificAmerican.com, you become eligible for additional content and services. You will be asked to provide your first and last name, your email address (subject to verification) and a password. You will also be asked to create a screen name. The screen name will be displayed if you choose to comment on an article on ScientificAmerican.com. You will use your email address and password to sign on to ScientificAmerican.com. The password you create is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access either free- or fee-based services, and agree that Scientific American will have no obligations with regarding thereto.
+  When you create an account ("register") on ScientificAmerican.com, you become eligible for additional content and services. You will be asked to provide your first and last name, your email address (subject to verification) and a password. You will also be asked to create a screen name. The screen name will be displayed if you choose to comment on an article on ScientificAmerican.com. You will use your email address and password to sign on to ScientificAmerican.com. The password you create is for your individual use only. You are solely responsible for maintaining the confidentiality of any password you use to access either free- or fee-based services, and agree that Scientific American will have no obligations with regarding thereto.
   As a registered user, you are eligible for free newsletters and announcements of special offers, new products and services from Scientific American. You agree to receive notifications, special offers, and announcements from Scientific American by email.
   Site registration is required to purchase fee-based products and services on ScientificAmerican.com
   **III. Fee-Based Products and Services**
   Scientific American offers a variety of digital subscription plans for Scientific American and Scientific American Mind. Digital subscription plans to Scientific American and Scientific American Mind are priced based on the depth of archival content included in the subscription plan. With the exception of the Scientific American All Access Subscription Plan with Full Archive, archival entitlements are offered on a rolling basis. This means that with each renewal term, archival entitlements are decremented by one year. Example: you select a Scientific American digital subscription that includes a four-year rolling archive. Your subscription starts with the January 2014 issue. Your archival entitlement includes the January 2009 to the December 2012 issue (4 years). For your first renewal term, beginning with the January 2015 issue, your archival entitlement includes the January 2010 to the December 2013 issue (4 years).
 . Digital Subscription Formats
 Scientific American and Scientific American Mind Digital Subscriptions provide flexibility. Digital subscribers may read feature articles directly on ScientificAmerican.com provided that they are logged-in. They may also download PDF's of issues included in their subscription. Digital subscribers are also entitled to the Scientific American and/or Scientific American Mind Tablet Edition(s) for iPad for issues included in the non-archive portion of their subscriptions.
+  Archival content is not available in all digital formats (Browser-based, PDF, Tablet Edition) Features published in 2005 and later may be viewed in a web browser on ScientificAmerican.com (provided they are included in the customers Subscription Plan). For archival material published prior to 2005, a PDF must be downloaded from ScientificAmerican.com.
+  Archival content is not available in all digital formats (Browser-based, PDF, Tablet Edition). Features published in 2005 and later may be viewed in a web browser on ScientificAmerican.com (provided they are included in the customers Subscription Plan). For archival material published prior to 2005, a PDF must be downloaded from ScientificAmerican.com.
   Exclusions
 Scientific American digital subscriptions exclude Scientific American Mind paid content. Scientific American Mind digital subscriptions exclude Scientific American paid content.
 . Digital Subscription Continuous Service Guarantee
 Digital subscriptions are sold on a continuous service basis. You authorize Scientific American and/ or Scientific American Mind to charge your credit card for the renewal price in effect at the end of your subscription term, and annually thereafter, unless you tell us to stop.
 . Digital Subscription Cancellation Policy
 Digital subscriptions may be cancelled within 5 business days of order by contacting customer service. A refund for 11/12ths of the subscription price will be issued. Renewal subscriptions may be cancelled within 30 days of the renewal date. A refund for the un-served portion of the subscription will be extended.
   **C) Print/Digital Combination ("Bundle") Subscription Plans**
+. Print/Digital Subscription Cancellation Policy.
+. Print/Digital Subscription Cancellation Policy
 Print/Digital Subscription Plans are governed by the same Terms and Conditions as Digital subscriptions with respect to cancellation policies.Subscriptions may be cancelled within 5 days of order. A refund for 11/12ths of the subscription price will be issued.Renewal subscriptions may be cancelled within 30 days of the renewal date.A refund for the un-served portion of the subscription will be extended.
 . Print/Digital Subscription Continuous Service Guarantee
 Print/Digital Subscriptions are sold on a continuous service basis. You authorize Scientific American and/ or Scientific American Mind to charge your credit card for the subscription price then in effect at start of each renewal term at the price then in effect, unless you tell us to stop.
+. Synching of print/digital subscription plan service.
+. Synching of print/digital subscription plan service
 The digital component of a print/digital subscription plan begins with the digital issue that is active at the time your order is placed. In the event that we must future start the print component of your subscription plan because we are out of inventory on an issue, your digital content entitlements will be synched with the expire issue of the print component with your subscription. Example: Your purchase a 12-issue print/digital subscription plan.Your digital entitlements start with the January 2014 issue. We are unable to start the print component of your subscription until the February 2014 issue. Your digital entitlements are extended through January 2015 issue rather than expiring with the December 2014 issue. This policy ensures that customers receive 12 months of synched print/digital service.
   **D) Single Issue Purchases, Special Collections, and eBooks**
   The purchase of a current or archival issue of Scientific American, Scientific American Mind, a special collection, including Scientific American Classics entitles the customer to a PDF-download from ScientificAmerican.com. Browser-based access is available for issues of Scientific American and Scientific American Mind published later than 2005. Browser based access is not available for Scientific American Classics, Scientific American Briefings, special collections or anthologies. The purchase of a single issue or special collection from ScientificAmerican.com excludes any interactive Tablet editions available for purchase on iTunes, Amazon.com or other online marketplaces.
 Scientific American offers a variety of eBooks, which are available for purchase on ScientificAmerican.com; iTunes and Amazon.com. eBook purchases are for personal use only. Purchases of eBooks from Amazon.com or iTunes are subject to the Terms and Conditions of those online retailers.
 Single issue digital sales are final.
+  **E) Other Products and Services.**
+  **E) Other Products and Services**
+  Scientific American may offer other products and services on ScientificAmerican.com, including merchandise, continuing education courses through NYU Poly and travel programs through our travel partner, Insight Cruises.Unless the product or service offered specifically references the inclusion of fee-based content, the purchase of any other product or service on ScientificAmerican.com excludes any entitlement to fee-based digital or print content.
+  Scientific American may offer other products and services on ScientificAmerican.com, including merchandise, continuing education courses through NYU Poly and travel programs through our travel partner, Insight Cruises. Unless the product or service offered specifically references the inclusion of fee-based content, the purchase of any other product or service on ScientificAmerican.com excludes any entitlement to fee-based digital or print content.
+  **F) Service and Promotional Emails.**
+  **F) Service and Promotional Emails**
   Consumers who purchase the fee-based products and services agree to receive email communications from Scientific American in connection with providing the fee-based Services ("service emails"). The service emails may include account related billing information, renewal information, and new issue/content availability notifications. Additionally, consumers who purchase fee-based services agree to receive announcements of promotions, products and services from Scientific American by email. Please visit "My Account" to modify your email preferences.
   **IV. Fee-Based Service Charges**
   Certain features of this site are available only through the purchase of individual issues or a digital subscription or print/digital subscription plan ("Fee-Based Services").
   **V. Accuracy, Completeness And Timeliness Of The Site**
   The material that appears on Scientific American's site is for informational purposes only. Despite our efforts to provide useful and accurate information, errors may appear from time to time. Before you act on information you've found on our site, you should confirm any facts that are important to your decision. We are not responsible if information we make available on this site is not accurate, complete or current. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on the site. You agree that it is your responsibility to monitor changes to the site.
   **VI. Ownership and Permissions**
+  This site and the contents thereof (including but not limited to software, interfaces, files, graphics, text and data found on the site) is the property of and owned by Scientific American or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. Scientific American grants you a revocable license to display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. No other use of any of the contents of the site is licensed, and you agree that you will not make any other use of the material on the site, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any of the contents of the site. Requests for permission to reproduce or distribute materials found on our website should be sent to Scientific American, a division of Nature America, Inc., Permissions Department, 75 Varick Street, 9th Floor, New York, NY 10013-1917, or randp@sciam.com.
+  This site and the contents thereof (including but not limited to software, interfaces, files, graphics, text and data found on the site) is the property of and owned by Scientific American or its licensors and is protected by copyright, trademark and other laws of the United States and other countries. Scientific American grants you a revocable license to display and electronically copy, download and print hard copy versions of the material contained on the site for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark or other proprietary notice that appears on the material you copy, download or print. No other use of any of the contents of the site is licensed, and you agree that you will not make any other use of the material on the site, including but not limited to the copying, modification, distribution, transmission, performance, broadcast, publication, licensing, reverse engineering, transfer or sale of, or the creation of derivative works from, any of the contents of the site. Requests for permission to reproduce or distribute materials found on our website should be sent to Scientific American, a division of Nature America, Inc., Permissions Department, One New York Plaza, Suite 4500, New York, NY 10004-1562 or randp@sciam.com.
   No Framing. Without the prior written permission of Scientific American, you agree that you will not frame or establish inline links to any of the content of our website, nor may you incorporate into another website or other product or service any intellectual property of Scientific American or any of its licensors. Requests for permission to frame, or to establish inline links to, our content may be sent to the Permissions Department, at the email or physical address above.
   Trademarks. This site features trademarks, service marks and logos that are the property of Scientific American and/or its licensors. The site also may include trademarks, service marks or logos of other third parties. All of these trademarks, service marks and logos are the property of their respective owners, and you agree not to use them in any manner without the prior written permission of the applicable owner.
   **VII. Materials You Submit**
   This section applies to any materials you submit to or through this website, including, without limitation, any comment you post to the site and any question you submit to the "Ask the Experts" portion of the site. You acknowledge that you are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such material. You represent, warrant, and agree you own all rights to the content you post or otherwise control sufficient rights to grant the rights you grant by these Terms of Use; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; that you will not upload to, distribute or otherwise publish through this site any content that (i) is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable, (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law, or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of "spam." If you submit any video content through this site, you further represent, warrant and agree that you have the written consent or permission of each identifiable individual in such content to use their name and likeness and grant the rights you grant in these Terms of Use. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any content. You may not upload commercial content onto the site. We reserve the right (but are not under an obligation) to remove or edit any content you provide.
   If you do submit material, and unless we indicate otherwise, you grant Scientific American and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, transferable and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display and perform such content throughout the world in any media now known or hereafter invented. You grant Scientific American and its affiliates the right to use the name you submit in connection with such content, if they so choose.
+You will retain any ownership rights you may have in the materials you submit, subject to the licenses granted to Scientific American in these Terms of Use. You also understand and agree that users of this site who may access the content you submit are granted a non-exclusive license to access, use, reproduce, distribute, display and perform your content.
+You will retain any ownership rights you may have in the materials you submit, subject to the licenses granted to Scientific American in these Terms of Use
+. You also understand and agree that users of this site who may access the content you submit are granted a non-exclusive license to access, use, reproduce, distribute, display and perform your content.
   **Waiver:** By submitting content to this site, you waive, and agree not to bring at any time, any claims of any type whatsoever against Scientific American or its affiliates, or their officers, directors, employees, contractors, agents, licensors or suppliers in any way arising from or relating to the submitted content, including without limitation any claims asserting: (a) infringement of rights of publicity or misappropriation of likeness or image; (b) invasion of privacy; (c) false light (such as any allegedly false or misleading portrayal of you); (d) infliction of emotional distress (whether intentional or negligent); (e) breach of contract; (f) copyright or trademark infringement; (g) defamation; (h) fraud; or (i) false designation of origin.
   **VIII. Intellectual Property Rights of Others**
   We respect the intellectual property rights of others, and we request that our visitors do the same. If you think your work has been copied or used in a manner that constitutes copyright infringement, you may notify our copyright agent, who can be reached at:
 Fifth Avenue
 New York, NY 10010
 Attention: Legal Department
 e-mail: copyrightagent@hbpub.com
+  Please include all of the following in your notification:
+• a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
+• a description of the copyrighted work you claim has been infringed;
+• a description of where the material you claim is infringing is located on the site;
+• your address, telephone number, email address and all other information reasonably sufficient to permit us to contact you;
+• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
+• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
+**IX. Disclaimer**
+  **IX. Disclaimer**
   YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. SCIENTIFIC AMERICAN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE NONINFRINGING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE WILL BE COMPLETE, ACCURATE OR TIMELY. IF YOU DOWNLOAD ANY MATERIALS FROM THIS SITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCIENTIFIC AMERICAN OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. SCIENTIFIC AMERICAN DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
   IN CERTAIN STATES, THE LAW MAY NOT PERMIT THE DISCLAIMER OF CERTAIN WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU, IN WHOLE OR IN PART. IN SUCH CASES, THE DISCLAIMER WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW.
   **X. Limitation of Liability**