Terms of Use

Terms of Use

This page states the Terms and Conditions by which users may utilize this website (the “Web Site”). Please read this page carefully. If you do not agree with the information contained, do not use this Web Site. By using this Web Site, you are stating your acceptance to be bound by the terms below. The Optical Society of America, Inc. d/b/a “Optica” and “Optica Publishing Group” and The OSA Foundation, Inc. d/b/a “Optica Foundation” (collectively, “Optica”) reserve the right to change the Terms and Conditions at any time, which will be reflected on this page. Users should check this page frequently for any changes that may have occurred. The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Web Site for any reason. The term "we" as used herein refers to Optica including our employees, representatives and agents.

Use of Material

Optica authorizes each user to view and download a single copy of the information contained in the Web Site for personal, non-commercial use only.

Users shall not copy or adapt the HTML code that is used to create the Web Site. The contents of the Web Site, such as text, graphics, images, logos, button icons, software, and other "Material," are protected under both United States and foreign copyright, trademark, and other laws. The names and logos displayed in the Web Site are the exclusive intellectual property of Optica or their respective owners. All other Material is either owned by or licensed to Optica and shall remain the exclusive property of Optica or its owner. The compilation (meaning the collection, arrangement, and assembly) of all content on the Web Site is the exclusive property of Optica and is protected by U.S. and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, privacy and other laws. You must retain all copyright, trademark, service mark, and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without written permission. The use of the Material on any other web site or in a networked computer environment for any purpose is strictly prohibited. If you wish to use any content posted on the Web Site for any purpose other than those expressly authorized by these Terms and Conditions, you must first obtain the express written consent of Optica. For more information, please contact Optica at elec2@optica.org.

User Submitted Material

Optica offers features that allow you to submit, post, or display comments, information, materials, links, and other similar content on areas of the Web Site accessible by others. By submitting content to the Web Site, the submitting user warrants and represents that the submitting user has the full right and authority to lawfully submit the information and to grant such a license to Optica. Also, the submitting user grants a royalty-free, transferable, non-exclusive, and perpetual license throughout the world to Optica to use, reproduce, modify, publish, broadcast, make public, perform, and display the information, in whole or in part, and to create derivative works therefrom in any form, media, or technology now known or hereafter developed.  You represent and agree that any use by you of such features, including your submission, posting, or display of any user-submitted content and any use you make of content submitted by other users, shall be your sole responsibility, and that you have obtained all necessary rights and licenses with respect to content belonging to others.

If user-submitted content is expressly subject to the terms of a separate agreement between Optica and the submitting user, including but not limited to a copyright transfer agreement, license, or a release, then in the event of a disagreement between these Terms of Use and the terms of the separate agreement on any topic covered by that separate agreement, the terms of the separate agreement shall take precedence and control.   

Optica may, but is not required to, monitor any user-submitted content submitted, posted, or displayed by you on the Web Site, to investigate any reported or apparent violation of Optica policies, and to take any action that Optica in its sole discretion deems appropriate.

If you believe that you are the owner of the copyright to any user-submitted content on the Web Site and did not authorize its posting (either by yourself or via an authorized third party), and would like the content removed from the Web Site, please contact Optica at elec2@optica.org with a description of the content and a summary of your copyright ownership claim.

Acceptable Site Use

Users may use the Web Site only for lawful purposes in accordance with the terms.

Prohibited Site Use

Optica specifically prohibits any illegal use of this Web Site, and requires all users to agree not to use this Web Site, for any of the following prohibited purposes:

• Posting, transmitting, distributing, storing, or destroying material (a) in violation of any applicable law or regulation, or (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others.  

• Posting, transmitting, distributing or storing any material that is sexually explicit, defamatory, obscene, threatening, or abusive.

• Posting any incomplete, false or inaccurate information or information that is not the user's own accurate work product.

• Deleting or revising any material posted by any other person or entity.

• Submitting scientific papers for reasons other than to be reviewed and possibly published by Optica.

• Selling, trading, or otherwise distributing for profit the contents of or any information obtained from the Web Site.

• Aggregating, copying, or duplicating any information contained in the Web Site.

Security

Using any device, software or routine to interfere or attempt to interfere with the proper working of the  Web Site or any activity being conducted on this site is prohibited.

Taking any action that imposes an unreasonable or disproportionately large load on Optica's infrastructure or the Web Site infrastructure is prohibited. Notwithstanding anything to the contrary contained herein, users are prohibited from using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Web Site other than the search engine and search agents available on the Web Site or generally available third party web browsers.

Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Web Site is prohibited.

Users are prohibited from violating or attempting to violate the security of the Web Site, including, without limitation, by (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, “overloading”, "flooding," "spamming," "mail bombing," or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Optica will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Users are responsible for maintaining the confidentiality of their registration and password. Users shall be responsible for all uses of their registration, whether or not authorized by them. Users agree to immediately notify Optica of any unauthorized use of their registration or password.

Use Outside the United States

Optica makes no representation or warranty that the Web Site or the information contained herein may be lawfully accessed, transmitted, viewed, downloaded, or otherwise used outside of the United States. Any user accessing the Web Site from outside the United States does so at her/his own risk and is solely responsible for compliance with the laws of the jurisdiction from which access is made.

Termination of Use

Optica and its agents and representatives reserve the right to deny use of the Web Site to any user for any reason without notification. Any violation of the terms and conditions contained in this page or infringement upon the rights of Optica or the Web Site's sponsors may result in legal action being taken against you, the user.

Optica may, in its sole discretion and at any time, modify or terminate the Web Site and/or modify, remove, or refuse to post any information, content, material, or other offering submitted by any user.

Limitation of Liability and Disclaimer

Optica makes no representation or warranty of any kind with respect to the submission and publication process and takes no responsibility for the actions or inactions involved in the publication of user-submitted content on the Web Site. Inclusion of user-submitted content in the Web Site does not constitute an endorsement by Optica. Nothing on the Web Site shall be deemed to be a  recommendation, endorsement or representation by Optica as to a third party's qualifications, services, products, offerings or claims. 

Optica disclaims all liability for any information posted to the Web Site by other parties. Since authentication on the Internet is difficult, Optica makes no guarantee that any user of the Web Site is who that user claims to be. Optica has no involvement in user-to-user dealings, meetings, etc., and assumes no liability for their outcome. There are risks, including but not limited to the risk of physical harm, when dealing with strangers, foreign nationals, underage persons, or persons acting under false pretenses. You assume all risks associated with your dealings with other users through the Web Site, and you agree to release, hold harmless and forever discharge Optica from any and all claims, damages, or liability for the same. 

Each user agrees to reimburse Optica for all losses, damages, and/or expenses (including court costs and reasonable attorney's fees) that Optica may incur due to any violation by the user of these Terms and Conditions.

Disclaimer

YOU USE THIS SITE AT YOUR OWN RISK.

THE MATERIALS IN THE WEB SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OPTICA DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OPTICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. OPTICA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE WEB SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ASSUMES THE ENTIRE COST OF ALL SERVICING, REPAIR OR CORRECTION NECESSITATED BY OR NEEDED FOR USE OF THE WEB SITE. THE ABOVE EXCLUSION MAY NOT APPLY TO A USER, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

IN NO EVENT SHALL OPTICA BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF, THE INABILITY TO USE, OR DENIAL OF ACCESS TO THE WEB SITE AND THE INFORMATION HEREIN CONTAINED, OR ANY OTHER CAUSE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER OR NOT OPTICA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

All matters related to your use of the Web Site and these Terms of Use shall be governed by the laws of the State of New York, without reference to its conflict of laws principles.  Jurisdiction for any claim shall lie exclusively in the state and federal courts of the District of Columbia. 

Notifications

Optica may use your information to provide you with information on new products, services, or upcoming events. More and more Optica information is provided by email, so you may not receive notices on these subjects if you opt-out. If you wish not to receive email from Optica, you may use the “unsubscribe” link provided at the bottom of every email.

Optica may also use your contact information to reach you through phone, mail or fax. If you wish to be removed from all contacts by these methods, contact Optica Customer Service. You can contact Optica's Customer Service Department by visiting our Optica’s Help Center, submitting a Help Ticket, by calling us at +1 202.416.1907 (Worldwide) or 1.800.766.4672 (US/Canada only) or by emailing us at custserv@optica.org.

If you are an Optica member, you may not opt out of Optica business mailings such as the election mailing.

Links

This Web Site may contain links to the web sites of other organizations or individuals that are not affiliated with Optica. Optica is not responsible for the practices of other web sites.  It is your responsibility to be aware of the terms of use and privacy practices of any non-Optica web site you visit, and we strongly encourage you to do so.

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