SSI Digital Millennium Copyright Act (DMCA) Policy
This is the Digital Millennium Copyright Act (DMCA) Policy of the Space Science Institute (SSI), a nonprofit corporation, incorporated in 1991 in the State of Colorado, which qualifies both as a tax exempt corporation under IRS Section 501(c)(3) and as a Charitable Organization registered to solicit contributions in Colorado as required by the Colorado Charitable Solicitation Act, Title 6, Article 16, C.R.S. SSI has four major branches: Research, National Center for Interactive Learning, Business Operations, and Information Systems and Technology (IST) (herein collectively referred to as “SSI”).
It is the policy of SSI to respond to notices of alleged copyright infringement, in compliance with the Digital Millennium Copyright Act and other applicable laws. This DMCA policy describes how to serve a Notice of Infringing Material and what to do if any material you have placed on any SSI domains or websites becomes the subject of such a notice.
Before serving either a Notice of Infringing Material or a Counter-Notification, you may wish to consult with legal counsel to better understand your rights and obligations under the DMCA and other laws. The following notice requirements are intended to comply with SSI’s rights and obligations under the DMCA and do not constitute legal advice.
Our response to these notices may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers. If we remove or disable subscriber access in response to such a notice, we will make a good-faith attempt to contact the owner of the affected domain(s), site(s) or website(s), or the uploader of the affected material or post, so that they may make a counter notification. We may also document notices of alleged infringement on which we act. Your complaint will also be a matter of record. A copy of the legal notice may be sent to one or more third parties who may then make it available to the public.
Please be advised that you may be liable for damages if you materially misrepresent that a post, product or activity is infringing your copyrights.
DMCA NOTICE: If you are a copyright owner or an agent thereof and you believe that any content or link on one of SSI’s sites, websites, or domains (see, e.g., the list of domains in this DMCA policy) infringes upon your copyrights, you may submit a notice pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent (identified below) the following information in writing:
- Your physical or electronic signature;
- Identification of the copyrighted work or works claimed to have been infringed;
- Identification of the material that is claimed to be infringing that copyrighted work, and URLs or similar information sufficient to permit us to locate that material on our websites, sites, and domains;
- Information to permit SSI’s agent to contact you: your physical address, postal address, telephone number and email address;
- A statement 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 penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner, of the copyright that is allegedly infringed.
Designated DMCA Agent
SSI’s designated DMCA Agent to Receive Notification of Claimed Infringement to receive DMCA Notices of Infringing Material is:
DMCA Agent to Receive Notification of Claimed Infringement
Space Science Institute
4765 Walnut Street, Suite B
Boulder CO 80301
Note that, according to law, Section 512(g) of the DMCA allows users to send counter-notices when their material is improperly targeted by a DMCA takedown. If the service provider and the user have complied with the requirements of the counter-notice, the service provider may restore the content after 10 business days.
Only DMCA notices should go to our DMCA Agent. You acknowledge that if you fail to comply with all of the requirements listed, your DMCA notice may not be valid.
The foregoing SSI Digital Millennium Copyright Act (DMCA) Policy applies to all domains and websites and sites under the ownership, possession, or control of SSI; those include, but are not limited to, the following:
Information SSI Collects
There are two kinds of information web sites can obtain about you: Anonymous Information and Personally Identifiable Information.
Anonymous Information is aggregate data that web sites use to monitor their sites. For example, an IP address is a unique string of numbers that is assigned to your computer. Web servers automatically identify your computer by its IP address. We use your IP address to help diagnose problems with our servers and to administer our sites. In addition, our sites may utilize Google Analytics Advertising Features, which enable Google Analytics to collect data about your traffic via Google advertising cookies and anonymous identifiers, in addition to data collected through a standard Google Analytics implementation. Google provides a tool for visitors who which to opt-out of this data collection.
Personally Identifiable Information is any information that personally identifies you, such as your name, email address, or telephone number. SSI does not, without the permission of a user, collect Personally Identifiable Information from any user of its web sites. Notwithstanding anything else herein to the contrary, a user does and is deemed to give permission for the collection and usage of Personally Identifiable Information when the user affirmatively acts to provide such information, e.g. such as by voluntarily completing a form allowing for the provision of such information, e.g. to facilitate participation in a specific event or program, e.g. a program related to a certain eclipse or other astronomical event.
SSI does not sell or otherwise distribute for commercial purposes any information collected from its sites.
Third Party Web Sites
SSI’s sites have reasonable security measures in place to protect the loss, misuse, and/or alteration of the information under SSI’s control. Security of information communicated to SSI over the internet is of utmost concern to us, but no data transmission can be guaranteed to be 100% secure. Please note that your email, like most non-encrypted internet communications, may be accessed and viewed by other internet users, without your knowledge and permission, while in transit to us. For that reason, to protect your privacy, please do not use email to communicate information to us that you consider confidential. While we strive to protect your personal information, SSI cannot ensure or warrant the security of any information you transmit to us or through our sites.
Limitation of Liability
SSI PROVIDES THE INFORMATION AND SERVICES ON ITS WEB SITES “AS IS” WITHOUT WARRANTIES OF ANY KIND. BY USING SSI’S SITES, YOU AGREE THAT SSI SHALL NOT BE RESPONSIBLE FOR THE ACTS OF ANY THIRD PARTY AND THAT YOUR DOWNLOADING OF MATERIALS FOUND ON SSI’S SITES IS DONE AT YOUR OWN RISK.
Terms & Conditions
License to Use Site
SSI grants you a non-exclusive, non-transferable, limited right to access, use, and display the sites and materials thereon for your personal use only, provided that you comply fully with these Terms and Conditions. You shall not interfere or attempt to interfere with the operation of SSI’s sites in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses, or by any other means.
SSI owns, controls, licenses, or has the right to use and provide the sites and all material on the sites, including without limitation all text, images, articles, photographs, illustrations, audio, and video clips (collectively, “site material”). The sites are each protected by copyright as a collective work and/or compilation pursuant to U.S. copyright laws, international conventions, and other intellectual property laws. You agree to abide by any and all copyright notices, information, or restrictions displayed on each site.
Except as provided in these Terms and Conditions, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any of the site material or any part of the sites without prior written consent from SSI. You may download one (1) copy of site material for your personal use, provided that you maintain all copyright, attribution, and other notices contained in the site material, including any trademarks. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material. You are responsible for complying with all applicable laws, regulations, and rules regarding your use of such downloaded site material.
Changes to Sites
SSI shall have the right for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of any site. SSI may also impose limits on certain features or restrict your access to parts of any site without notice or liability. You acknowledge and agree that SSI will not be liable to you or any third party in the event that SSI exercises its right to modify or terminate access to any site or portions of any site.
You shall indemnify, defend, and hold harmless SSI, its affiliates, and all of their respective officers, directors, owners, agents, employees, site material providers, licensors, and licensees (collectively, “indemnified parties”) from and against any and all losses, damages, and claims and all fees, costs, and expenses of any kind related thereto (including, without limitation, reasonable attorneys’ fees) incurred by the indemnified parties in connection with any claim arising out of, based upon, or resulting from your use of any of SSI’s sites.
Disclaimer of Warranties and Damages; Limitation of Liability
SSI’S SITES, INCLUDING ALL CONTENT, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITES, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. SSI DOES NOT WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. SSI DOES NOT WARRANT OR REPRESENT THE ACCURACY OR RELIABILITY OF THE SITES, THE CONTENT THEREOF, INFORMATION ACCESSED THROUGH THE SITES, LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THORUGH THE SITES OR ANY LINKED SITE. IF YOU ARE DISSATISFIED WITH THE SITES, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITES. CERTAIN CONTENT MAY BE CONSIDERED OBJECTIONABLE OR INAPPROPRIATE BY INDIVIDUAL USERS AND EACH USER MUST EXERCISE HIS OR HER DISCRETION IN USING AND ALLOWING MINORS OR OTHERS TO USE THE SITES. UNDER NO CIRCUMSTANCES SHALL SSI, ITS AFFILIATES, OR CONTENT PROVIDERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT, MATERIALS, AND FUNCTIONS ON ANY OF SSI’S SITES, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, EVEN IF SUCH ENTITIES OR AN AUTHORIZED REPRESENTATIVE THEREOF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You agree that any claim or cause of action arising out of your use of any SSI site must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations to the contrary.
By using any of SSI’s sites, you agree that you:
- Will only use SSI’s sites for lawful purposes and in accordance with these Terms and Conditions.
- Acknowledge that SSI may be unable to process and shall have no responsibility to process transactions the accuracy of which SSI cannot validate.
Without limitation of the foregoing, you agree to not use any of SSI’s sites to:
- Upload, post, email, or otherwise transmit any communication that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts, invasive of another’s privacy, or hateful.
- Upload, post, email, or otherwise transmit any communication that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis or religion, gender, sexual orientation, race, national origin, ethnicity, age, disability, or any other protected status.
- Harm minors in any way.
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Upload, post, email, or otherwise transmit any communication that you do not have a right to transmit under any law or under contractual or fiduciary relationships (including but not limited to proprietary or confidential information learned as part of employment relationships).
- Upload, post, email, or otherwise transmit any communication that infringes any patent, trademark, trade secret, copyright, or other rights of any party.
- Upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “pyramid schemes,” or any other form of solicitation.
- Upload, post, email, or otherwise transmit any material that contains software viruses or any computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or engage in any other similarly destructive activity.
- Interfere with or disrupt any of SSI’s sites or servers or networks connected to the sites, or disobey any requirements, procedures, policies, or regulations of such networks.
- Violate any applicable local, state, federal, or international law.
You also agree that you will not harvest, collect, or store information about the users of SSI’s sites or use such information for any purpose.
Changes to Terms and Conditions
SSI reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms and Conditions, in whole or in part, at any time. Changes in these Terms and Conditions will be effective when posted. You agree to review these Terms and Conditions periodically to be aware of any changes. Your continued use of any site after any changes to these Terms and Conditions are posted will be considered acceptance of those changes. You acknowledge and agree that SSI will not be liable to you or any third party in the event that SSI exercises its right to modify or terminate access to any of the sites or portions of any site.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to conflicts of laws provisions. The sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Terms and Conditions and/or any SSI site shall be an appropriate State or Federal court located in Boulder County in the State of Colorado, and SSI and you hereby irrevocably consent to the jurisdiction of such courts. If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions, or a portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent possible and the remainder of these Terms and Conditions shall continue in full force and effect. The section headings used herein are for convenience only and shall not be given any legal import.
If you have questions about this Privacy Statement, the practices of SSI’s sites, or your dealings with SSI’s sites, please contact us.