Welcome to the FieldScope website. These Terms govern your use of the FieldScope website, related applications, and all content, services, and products available at or through the website (collectively, the “Website”). The Website is owned and operated by BSCS Science Learning (“BSCS”).
The Website is offered subject to your acceptance without modification of all terms and conditions contained herein and all other operating rules, policies (including the Privacy Policy), and procedures that may be published from time to time on this Website by BSCS (“Agreement”). A “Project” is a third-party, scientific data collection project that collects data from Users and which is a licensee and user of the Website. Please read this Agreement carefully before accessing, establishing an account, or using the Website. ONLY USERS WHO ARE AT LEAST 13 YEARS OLD MAY CREATE AN ACCOUNT.
If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must not post content to your account in a misleading or unlawful manner. You must immediately notify FieldScope of any unauthorized uses of your account or any other breaches of security. FieldScope will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
If you post Content to the Website, or otherwise make (or allow any third party to make) Content available by means of the Website, you are entirely responsible for the Content and any harm resulting from the Content. By making Content available, you represent and warrant that:
By creating a Website account, participating in a Project, and submitting Content, you understand and agree that the purpose of the Website is for scientific purposes and that the Content may be used, copied, shared, distributed, or downloaded by anyone who accesses the Website. You grant BSCS and the Project a perpetual, world-wide, royalty-free, and non-exclusive license to reproduce, distribute, display, modify, adapt and publish the Content for promotional and scientific purposes. You represent and warrant that you own or control all rights to the Content, that it is accurate and not misleading, and that its use will not violate these Terms or any third-party rights.
BSCS may terminate or deny access to and use of the Website to any individual or entity for any reason, at BSCS’s sole discretion. In the event of termination, BSCS will have no obligation to provide a refund of any amounts previously paid.
BSCS has not reviewed, and cannot review, the Content posted to the Website. BSCS does not represent or imply that it endorses any Content, or that it believes such Content to be accurate, useful, or non-harmful. You are responsible for taking precautions to protect yourself and your systems. The Website may contain offensive or inaccurate Content, or Content subject to additional terms. BSCS disclaims responsibility for any harm resulting from your use of the Website or from any downloading of Content.
You agree not to use the Website for commercial purposes without prior authorization, or for any illegal, unlawful, inappropriate, or unauthorized purpose or activity. You further agree not to threaten, abuse, solicit, spam, harass, stalk, impersonate or intimidate others, and not to collect or store any personal information about users obtained from the Website.
BSCS does not control and is not responsible for non-BSCS websites and webpages that the Website links to or that link to the Website. BSCS does not endorse such websites or webpages. You must take precautions to protect yourself and your systems. BSCS disclaims responsibility for any harm resulting from your use of non-BSCS websites and webpages.
BSCS respects the intellectual property rights of others and requests that users do the same. All non-User Content on the Website is the property of BSCS or other Website users.
If you would like to submit a claim of copyright infringement, send a Notification of Claimed Infringement to the FieldScope Copyright Agent:
Copyright AgentDetails for an effective DMCA notice are available at the U.S. Copyright Office: copyright.gov.
If you elect to submit a Counter-Notification, send it to the same Copyright Agent above. Details for an effective Counter-Notification are also available at copyright.gov.
BSCS will respond as required, including removing or disabling links to infringing material. BSCS may terminate access for repeat infringers.
This Agreement does not transfer to you any BSCS, Project, or third-party intellectual property. All right, title, and interest remain solely with their respective owners. Your use of the Website grants you no right or license to reproduce or otherwise use any BSCS or third-party patents, copyrights, trademarks, or service marks beyond fair use.
BSCS may modify or replace any part of these Terms at any time. Notice of material changes will be posted at the beginning of these Terms. Your continued use of the Website after changes are posted constitutes acceptance. New features or services offered through the Website will also be subject to these Terms.
BSCS may terminate your access to all or any part of the Website at any time, with or without cause or notice, effective immediately. If you wish to terminate your account, you may discontinue using the Website. Provisions that by their nature should survive termination will survive termination.
The Website is provided “as is.” BSCS and its suppliers and licensors disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. BSCS does not warrant that the Website will be error-free or uninterrupted.
In no event will BSCS or its suppliers or licensors be liable for any special, incidental, or consequential damages; the cost of procurement of substitute products or services; interruption of use or loss/corruption of data; or any amounts exceeding the fees paid by you to BSCS during the 12-month period prior to the cause of action. These limits apply to the extent permitted by law.
You represent and warrant that your use of the Website will comply with BSCS’s Privacy Policy, these Terms, and all applicable laws and regulations, and will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless BSCS, its contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of these Terms.
You agree to indemnify and hold harmless BSCS and their code contributors, contractors, licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees and costs, arising out of the publishing of BSCS’s source code or the acceptance of code contributions from outside parties.
This Agreement constitutes the entire agreement between BSCS and you concerning the subject matter hereof. It is governed by the laws of the State of Colorado, USA, and the proper venue is the state and federal courts for El Paso County, Colorado. If any part of this Agreement is held invalid, the remaining portions will remain in full force and effect. You may not assign your rights under this Agreement; BSCS may assign their rights without condition. This Agreement will inure to the benefit of the parties, their successors, and permitted assigns.