Terms & Conditions

STEMISPHERE TERMS OF USE

Welcome to STEMisphere, a community resource provided by the Carnegie Science Center, a museum of Carnegie Institute d/b/a Carnegie Museums of Pittsburgh. (“Carnegie Museums of Pittsburgh”). The following Terms of Use (“Terms”), together with STEMisphere’s Privacy Policy, govern your use of this website (“Site”).  If you do not agree with these Terms, or if you do not agree with the STEMisphere Privacy Policy, please do not use this Site.  By using this Site, you acknowledge that you are 18 years of age or older, or are an emancipated minor, or possess parental or guardian consent to use this Site.

NOTICE: BY ACCESSING, BROWSING, CONTRIBUTING RESOURCES OR OTHERWISE USING THIS SITE, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND THE STEMISPHERE PRIVACY POLICY.

No Registration Required
Except for the Registration that is required in order to create an account on the Carnegie STEM Excellence Pathway (“Pathway”) section of the Site, no registration, login, or membership to the Carnegie Science Center is required to use the Site. 

Trademarks
The names, titles, trademarks, service marks, and logos that appear on the Site, except for those of our Supporting Partners and Pathway Partners, are registered marks, marks where registration is pending, or unregistered marks of Carnegie Museums of Pittsburgh (“Marks”).  You may not use our Marks without the written permission of Carnegie Museums of Pittsburgh.  The trademarks of third-parties, including our Supporting and Pathway Partners, may also appear on the Site.  You may not use those trademarks without the written permission of the respective owners.  You acknowledge and agree that nothing on this Site grants you any right or license to use any of our Marks or may be construed to mean that we have the authority to grant any right or license to use the trademarks owned by any third-party, including those of our Supporting and Pathway Partners.

Copyrights
Images, text, documentation, electronic text, image files, audio and video files and other materials on the Site (“Site Content”) are protected by copyright laws.  Carnegie Museums of Pittsburgh, or individuals and entities (including STEMisphere’s Resource Partners) whose Site Content appears on the Site, retain all copyrights and other proprietary rights in the Site Content.  Use of the Site Content for commercial use, publication, or for any purpose other than fair use as defined by law and as described below, is expressly prohibited.

Fair Use is Permitted
Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary and news reporting.  Unless otherwise noted, visitors to the Site who wish to download or print text, audio and other Site Content for such uses are welcome to do so without securing STEMisphere’s permission.  The self-assessment tools and related instruments on the Pathway section of the Site may be used only for self-assessment purposes and may not be used or downloaded for any other purpose without express written permission from Carnegie Science Center.  Users must cite the author and source of the material as they would from any printed work.  The citation should include the URL “http://stemisphere.carnegiesciencecenter.org”.  By downloading, printing, or otherwise using Site Content, users agree they will limit their use of such Site Content to fair use, will comply with any and all additional restrictions set forth in these Terms, and will not violate the proprietary rights of Carnegie Museums of Pittsburgh, the Carnegie Science Center, STEMisphere or any other party.

Links from the STEMisphere Site
This Site may provide links to sites owned and operated by Carnegie Museums of Pittsburgh and its affiliated Museums.  The Site may also provide links to sites that are owned or operated by third-parties who have no relationship with STEMisphere and Carnegie Museums of Pittsburgh and its affiliated Museums (“Third-Party Sites”).  We have no control over such Third-Party Sites and cannot guarantee, represent or warrant that the content on such Third-Party Sites is accurate and legal and do not contain viruses or other features that may adversely affect your computer.  A link from our Site to a Third-Party Site does not imply a relationship with or endorsement of, the Third-Party Site.

Submissions To The Site
In furtherance of STEMisphere’s mission to provide access to the exceptional STEM education opportunities in Southwestern Pennsylvania, you may seek to become a Resource Partner by submitting content which STEMisphere, in accordance with the criteria set forth on its Resources Page, may post on the Site (“Submissions”).  You understand and agree that you are solely responsible for the content you submit and represent and warrant that:  (i) all information contained in your Submission is either owned by you or rights have been granted to you that permit you to disseminate the information contained therein; (ii) that none of the information in the Submission infringes on the trademark, copyright or other intellectual property or proprietary rights of others; (iii) that your Submission does not contain information known to you to be untrue, false or misleading; (iv) that your Submission does not contain programs or information which disrupts or interferes with the operation of the Site or is being submitted for that purpose; and (v) the Submission is not abusive, threatening, obscene, defamatory or, in our sole discretion, otherwise inappropriate.

Any communication or material you submit, transmit or distribute to the Site, including any data, questions, comments, suggestions or the like, will be treated as nonconfidential and nonproprietary whether the Submission is posted on the Site or not. We do not guarantee the confidentiality of any information you submit to us.  Any information you submit may be edited, excerpted or re-formatted before it is posted and we reserve the right to remove or delete, at any time and without prior notice, some or all of any Submission posted on the Site that we believe may violate copyright laws, trademark laws, or other intellectual property laws or other applicable laws, rules or regulations or that we believe is or becomes otherwise unacceptable. You acknowledge that by submitting content to STEMisphere, you are granting STEMisphere a perpetual, irrevocable worldwide, non-exclusive, royalty-free and transferrable license to use, reproduce, distribute and display your Submission. You also grant users of the Site a non-exclusive license to access your Submission through the Site. The posting of your Submission does not constitute an endorsement of your Submission or any opinion on its content.

Digital Millennium Copyright Act
STEMisphere respects the intellectual property of others.  In accordance with the Digital Millennium Copyright Act (DMCA), if you believe that the content on this Site infringes on your copyright, please provide the following information to our designated agent:

—        A physical or electronic signature of the copyright owner or the person authorized to act on its behalf;

—        A description of the copyrighted work claimed to have been infringed;

—        A description of the infringing material and information reasonably sufficient to permit STEMisphere to locate the material;

—        Your contact information, including your address, telephone number, and email;

—        A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

—        A statement that the information in the notification is accurate, and, under the pains and penalties of perjury, that you are authorized to act on behalf of the copyright owner.

The designated copyright agent who will receive notification of any claimed infringement is:

Maria N. Bernier, Esq.
General Counsel
Carnegie Museums of Pittsburgh
4400 Forbes Avenue
Pittsburgh, PA 15213

Disclaimer Of Warranties And Limitation Of Liability
STEMisphere disclaims all warranties of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, copyright ownership and noninfringement of copyrights or other third party proprietary rights.  The posting of content from third-parties on the Site (“Third-Party Submissions”) does not constitute an endorsement of or any opinion on the Third-Party Submissions or its content and we expressly disclaim any and all liability relating to any Third-Party Submissions that are available on or through the Site.  We do not warrant that the Site will provide continuous, prompt, secure, or error-free service and we assume no liability for any errors or omissions, including the inaccuracy of content, or for any damages or losses that you or any third party may incur as a result of the unavailability of the Site.  STEMisphere assumes no responsibility, and shall not be liable for any damages to, or viruses that may affect, your computer equipment or other property arising from your use of the Site.  Neither STEMisphere, Carnegie Museums of Pittsburgh nor its affiliates, trustees, directors, officers, employees, or agents shall have any liability for any damages, including without limitation, any direct, indirect, incidental, compensatory, punitive, special, or consequential damages, arising from or related to your use of the Site.

Indemnification
You agree to indemnify, defend, and hold STEMisphere, Carnegie Museums of Pittsburgh, and affiliates, trustees, directors, officers, employees and agents, harmless from all claims, causes of action, expenses, reasonable attorneys’ fees, losses and damages, arising from or relating to your use of the Site.

Jurisdiction, Venue and Choice of Law
These Terms of Use shall be governed and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to conflict of law principles.  Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to these Terms of Use, shall be brought in any federal or state court located in Allegheny County, Pennsylvania and the parties hereby waive any objection that they may have to personal jurisdiction or venue in these courts.

Severability and Waiver
If any provision of these Terms of Use is held to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.  STEMisphere’s failure to exercise or enforce any rights or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms of Use and the STEMisphere Privacy Policy are the sole and entire agreement between the parties with respect to the subject matter hereof and replace all prior or contemporaneous understandings or agreements regarding such subject matter. 

Reservation of Rights
STEMisphere reserves the right to change these Terms of Use and the STEMisphere Privacy Policy at any time and for any reason at its sole discretion.  Such changes may be made without notice and are effective immediately upon posting, and continued use of the Site constitutes acceptance of such changes.  Users of the Site should visit this page periodically to review the most current Terms of Use.

HOW TO CONTACT US
Effective Date:  December 3, 2015.

©2013 STEMisphere, a community resource provided by Carnegie Science Center, a museum of Carnegie Institute d/b/a Carnegie Museums of Pittsburgh.  All rights reserved.

If you have any comments or questions on these Terms of Use, please do not hesitate to contact us at howardm@carnegiesciencecenter.orgor call us at 412-237-1679 or write to us at:

STEMisphere c/o Carnegie Science Center
1 Allegheny Avenue

Pittsburgh, PA 15212