The following rules ("Terms and Conditions") govern the use of the website located at www.militaryperiscope.com (“the Site”). Please read the following Terms and Conditions carefully.
By using the Site, you understand and expressly agree to be legally bound by these Terms and Conditions and to follow these Terms and Conditions and all applicable laws and regulations governing the Site.
1.1 Agreement. This User Agreement constitutes the agreement between Government Executive Media Group ("GEMG," “we,” or “us”), and you as a user ("user," "you," or "your") of www.militaryperiscope.com and its related services ("Service" or "Services"). You agree to abide by all of the provisions in this Agreement in order to remain an authorized user of the Services, and your use of the Services constitutes your agreement to abide by these provisions.
1.2 Passwords. Sharing or distributing your user name and password to others for access to the Services is prohibited and may result in termination of your account. GEMG makes multi-user and site licenses available for organizations needing broader access.
1.4 Changes to Services. GEMG is constantly changing, updating, and improving its Services. GEMG reserves the right, in its sole discretion, to change, limit, or discontinue any aspect, content, tool, or feature that is a part of the Services.
1.5 Restrictions, suspensions. GEMG further reserves the right, in its sole discretion, to restrict the use of the Service as well as suspend or revoke your rights to use the Services based on GEMG’s belief that your use of the Services violates that permitted by this Agreement or applicable law.
IF YOU DO NOT AGREE TO THE PROVISIONS OF THIS AGREEMENT OR ARE NOT SATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE SERVICES.
2. Rights in Service Content and the Service
2.1 Copyright. The Services, together with all content and tools provided by GEMG on the Services, are protected by U.S. and international copyright laws, and are owned or licensed by GEMG, or the party credited as the provider of the Content. As a User, you are granted a non-exclusive, non-transferable, limited license to access and use the free areas of the Services and the premium areas of the Services to which you are an authorized member or subscriber, subject to the limitations below.
2.2 Permitted Users. This Site is available to (i) employees and contractors of entities, U.S. and foreign governments, and governmental agencies or (ii) patrons of libraries (collectively, "Authorized Users"), who have purchased a subscription to the Site. You are fully responsible for all activities that occur in connection with your use of the Site. By logging into the Site, you represent and warrant: (1) you are an Authorized User; and (2) you are using the services and the Content only for permitted purposes as described in these Terms and Conditions.
2.3 Personal use. You may search, retrieve, display, download, and print content from the Services solely for your personal research and reference purposes only (either for the benefit of yourself or for the benefit of your organization). If you duplicate, publish or otherwise distribute material found on our Site, you may not remove the copyright notices or credits or any additional information accompanying such notices and credits. You shall make no other use of the content without the express written permission of GEMG. If you wish to add users within your organization, multiple-user accounts and site licenses can be obtained by emailing email@example.com.
2.4 Prohibited uses. Without express written permission of GEMG, you shall not: publish, distribute, transmit, sell, display, store, transfer, create derivative works, or in any way exploit other than as set forth herein, any of the content or tools found on the Services, or share them with any third party (including other employees or consultants who are not authorized users). You expressly agree not to:
- use the Site for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;
- use or attempt to use any "deep-link," "scraper," "robot," "bot," "spider," "data mining," "computer code" or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Site or any data or content found on or accessed through the Site without prior express written consent;
- obtain or attempt to obtain through any means any materials or information on the Site that have not been intentionally made publicly available either by their public display on the Site or through their accessibility by a visible link on the Site;
- in any way bypass or circumvent any other measure employed to limit or prevent access to the Site or its Content;
- violate the security of the Site or attempt to gain unauthorized access to the Site, data, materials, information, computer systems or networks connected to any server associated with the Site, through hacking, password mining or any other means;
- interfere or attempt to interfere with the proper working of the Site or any activities conducted on or through the Site, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Site; or
- take or attempt any action that, in the sole discretion of the Site's operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Site or such operation's infrastructure.
2.5 Trademarks. The names, trademarks, service marks and logos of GEMG brands, sites, and services appearing on the sites may not be used in any advertising or publicity, or otherwise to indicate GEMG sponsorship of or affiliation with any product or service, without GEMG’s prior express written permission. Other trademarks appearing on the Services are the property of their respective owners.
3. Copyright, DMCA, takedown claims. If you believe that content posted on or through the website has been used in a manner that constitutes copyright infringement, please provide GEMG’s Copyright Agent with a written notice to the email or mailing address indicated below that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and e-mail address;
- 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;
- a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
GEMG's Copyright Agent for notice of claims of copyright infringement is: Mark Kawar, VP - Operations, Product, and Planning, by email at firstname.lastname@example.org or by mail to GovExec, 600 New Hampshire Ave. NW, Suite 510, Washington DC 20037.
4. Fees and Payments; Account Management
4.1 Payment terms. If you become a paid subscriber, you must provide accurate, complete and updated subscriber information. You acknowledge that you will pay GEMG all such fees, charges, and applicable taxes for the Services where enrollment in the Services has been made using your credit card or other means, whether made by you personally or by someone else in your organization on your behalf. If you enroll in the Services using a credit card, you certify to GEMG that you are at least 18 years of age and that you are the cardholder of the credit card, or that you are expressly authorized by the cardholder to enroll in the Services. In any event, you expressly certify and represent that you are not under the age of 13.
4.2 Use of Service. You further acknowledge that your obligation to pay GEMG all such fees, charges, and applicable taxes for the Service does not depend on usage of the Service, and that you remain obligated to pay GEMG for the Service regardless of whether the Service is used or not. Your obligation to pay for the Service begins on the date of your enrollment in the Service, not the date of your first use of the Service.
4.3 Cancellation. You may cancel your account for the Service during the first 90 days of the subscription period without charge. You may cancel your account for the Service by calling the customer service number located in the customer service area of the Services. General emails and other means of notification, including notifying your credit card company or bank that you no longer wish to be a subscriber, will not serve as valid means of cancellation.
4.4 Prices, renewals. The price you pay for a Service is stipulated at the time you enroll in such Service, and is valid for your initial subscription period. GEMG reserves the right to change the price after the initial period.
5. Disclaimer of Warranties & Limitation of Liability
5.1 Your risk. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. GEMG DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THEY WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENTS OF ANY CONTENT FOUND ON THE SERVICE, ANY SERVICES PROVIDED THROUGH THE SERVICES, OR ANY LINKS TO OTHER SITES OR SERVICES MADE AVAILABLE ON THE SERVICES.
5.3 As is. THE SERVICES, ALL TOOLS AND CONTENT FOUND ON THE SERVICE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
5.4 Consequential damages. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GEMG (OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, THIRD PARTY PROVIDERS, OR LICENSORS) (“GEMG PARTIES”), BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY CONTENT, ON THE SERVICES, OR THE SERVICES THEMSELVES. IN NO EVENT SHALL THE TOTAL LIABILITY OF GEMG TO YOU EXCEED THE AMOUNT PAID BY YOU TO GEMG DURING THE TWELVE (12) MONTHS PRIOR TO ANY CLAIM OF INJURY OR DAMAGE.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless GEMG (and any of its parents, subsidiaries, affiliates, directors, officers, employees, agents, distributors, Third Party Providers, and licensors (and their respective directors, officers, employees, and agents)) from and against all claims, liability, and expenses, including attorneys' fees and legal fees and costs, arising out of your use of the Service or your breach of any provision of this Agreement. GEMG reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will cooperate as fully as reasonably required in the defense of any claim.
7. Third Party Content, Third-Party Providers, Advertising and Links
The Services may include a number of third party providers of content, technology and other features, including the opportunity for users of the Services to purchase goods or services from third parties ("Third Party Providers"). These are provided for your convenience and are not endorsements by GEMG. Neither GEMG nor such Third Party Providers make any warranty concerning content, technology, goods or services provided by such Third Party Providers. You agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party providers directly, not from GEMG.
GEMG may terminate this Agreement and your use of the Services, or discontinue the Services, at any time. GEMG shall have the right immediately upon notice to you to terminate your use of the Services in the event of any conduct by you which GEMG, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of this Agreement or violation of applicable law.
9. Governing Law
This Agreement and any disputes arising under it shall be governed exclusively by the laws of the United States of America and the State of New York, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the Courts of the State of New York in any and all actions, disputes, or controversies relating to this Agreement.
10. General Terms
Unless you have entered into a written contract with GEMG or one of its divisions, this Agreement and any policies and rules posted on the Services by GEMG constitute the complete expression of the agreement of the parties with respect to the subject matter hereof. No waiver by either GEMG or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be binding upon and inure to the benefit of GEMG and its successors and assigns. GEMG may assign this Agreement, or any of its rights or obligations under this Agreement, with or without notice to you. Any such assignment by GEMG does not relieve you of your obligations under this Agreement.