Collaboratory Legal: Terms of Service

INTRODUCTION

The United States Air Force and the United States Air Force Recruiting Service (“we,” “us” or “our”) offers the Collaboratory platform and its content, features and functions (collectively, the “Platform”). The purpose of the Platform is to serve as a place to share, explore and apply your ideas and knowledge to some of the real-life science and technology challenges the United States Air Force faces. These Terms of Use (“Terms”) govern your use of the Platform.

Please read these Terms carefully. By using this Platform, you agree to be bound by all of the terms and conditions set forth herein and that you are of legal age to form a legally binding contract (18 years of age in most jurisdictions); otherwise your parent or legal guardian must also agree with the terms and conditions of this document. If you are not of legal age, you must review these Terms with your parent or legal guardian before using the Platform. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE PLATFORM.

CHILDREN

The Platform is not directed to children under the age of 13, and we do not knowingly collect personal information from children under the age of 13. If you are under the age of 13, you may not use the Platform. We do not knowingly solicit or permit children under the age of 13 to provide their personal information to us. In the event that we learn that we have unintentionally collected personal information from children under the age of 13, we will take reasonable measures to promptly delete the information.

REGISTRATION

You may view parts of the Platform without registering, but in order to access and use all parts of the Platform, you will be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. You may cancel your account with us at any time by following this link. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify us immediately.

PRIVACY

When you register an account with us, you will be required to provide some of your personal information, such as your name, email address and date of birth. By using the Platform and providing us with your personal information, you also accept our Privacy Policy, which is also available on our homepage, airforce.com (“Website”).

USE RESTRICTIONS

By using this Platform, you are agreeing to use our Platform in a positive and constructive manner, to treat others with respect and to not insult or harass other users. You agree and understand that the United States Air Force and the United States Air Force Recruiting Service is not responsible for the actions of any user on this Platform. You (the user) are solely responsible for your actions when using the Platform, whether or not you have created an account with us, including your Submissions. You may be held responsible for trying to have someone else do what you are prohibited from doing. In addition, you accept responsibility for and understand and agree that you will not do or attempt to do any of the following in connection with your use of the Platform or any of your Submissions:

  • Transmit by any means any software, virus, malware, program, code, file or other material intended to interrupt, disrupt, alter, destroy or limit any part of the Platform;
  • Use any robot, spider, script or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce or circumvent the presentation, operation or intended use of any feature, function or part of the Platform;
  • Submit, post or share with other users offensive, indecent, hateful, racist, sexist, pornographic or otherwise inappropriate or obscene content;
  • Share product numbers, activation keys or other information which may facilitate the use of unlicensed or pirated software;
  • Copy, download, distribute, transmit, share, upload or transfer content from the Platform (excluding your Submissions) or the personal information of others without our prior written permission or authorization;
  • Use the Platform to make unsolicited offers, requests, advertisements or spam; Impersonate or pretend to be anyone else but you;
  • Violate or infringe upon the privacy, publicity, intellectual property or other proprietary rights of third parties;
  • Engage in any activity that is criminal or tortious in nature or otherwise violates the law or rights of another, including but not limited to, fraud, stalking, defaming, abusing, harassing or threatening;
  • Engage in any activity that violates applicable federal or state law or regulation, including, without limitation, laws and regulations related to privacy, surveillance, wiretapping, drones or regulated airspace.

If you believe someone is not complying with these Terms or that someone is violating your rights, you agree to notify us at webmaster@airforce.com. If you violate any part of these Terms, we reserve the right to terminate your access to the Platform.

YOUR SUBMISSIONS

This Platform is provided as a means to share and explore your experience and knowledge with us and other users. All ideas, opinions and comments and any text, data, findings, conclusions, images, video, sound, files or other material provided on or placed on the Platform (“Submissions”) are the sole responsibility of the user who posted the Submission.

You hereby agree and acknowledge that you are not an employee, agent, licensor, licensee or independent contractor of the United States Air Force or the United States Air Force Recruiting Service. Your continued use of the Platform means that you acknowledge and agree that the United States Air Force, the United States Air Force Recruiting Service and the United States Government (as well as its agencies and employees) are not liable for anything in connection with your Submissions, preparation for or use of this Platform or the acts of others using the Platform. You agree to assume any risks related to your Submissions or the underlying actions, research or preparation involved with your Submissions. We reserve the right to remove your Submissions in our sole discretion and without prior notice to you.

You agree and understand that by providing and offering this Platform as a means for you to share and discuss your ideas and knowledge, we are in no way supporting or endorsing your Submissions or the Submissions of others. We do not guarantee or promise that we will consider, contribute, accept, participate or otherwise use your Submissions for any purpose whatsoever.

OWNERSHIP

We and our licensors are the sole owners of the Platform, including, but not limited to, all content, features and functions and all copyrights, trademarks, service marks and other intellectual property rights contained in the Platform. You agree that all right, title and interest on the Platform, with the exception of your Submissions, will remain the exclusive property of the United State Air Force and the United States Air Force Recruiting Service. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license or otherwise use the United States Air Force name or any of our trademarks, logos, domain names and other distinctive brand features. You may not modify, rent, lease, sell, distribute or create derivative works based on the Platform unless we have given you prior written consent to do so.

Notwithstanding the above, you retain ownership rights in your Submissions; however, by submitting your Submissions on our Platform, you hereby grant the United States Air Force and the United States Air Force Recruiting Service, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display and perform your Submissions for any purpose, in our sole discretion including, but not limited to, marketing and promotional purposes in connection with our Platform or our Website and for the research and development purposes of the United States Air Force. To the extent the United States Air Force and/or the United States Air Force Recruiting Service uses your Submission for any purpose, such use shall be subject to and limited to applicable federal law and regulation, such as, without limitation, labor, procurement, environmental, defense contracting, export and privacy laws.

COPYRIGHT INFRINGEMENT

If you believe that any material appearing on our Platform violates your copyright or the copyrights of others, you agree you will notify us at the contact information below and give us a reasonable time to investigate and or correct any such claim and that there is no infringement or violation until after said time and if the violation or infringement continues subject to the liability limitations listed below. We reserve the right to suspend or terminate access to the Platform by any user who is alleged to have posted infringing material on the Platform, as well as remove the materials.

When you notify us of any alleged infringement, your notice must comply with the Digital Millennium Copyright Act (“DMCA”). Under the DMCA, your notice must be in writing and must include the following information: (1) a description of the copyrighted work or works you believe is being infringed upon; (2) a description of the material you believe is infringing or the subject of infringing activity and a description of where we can locate such materials; (3) your name and contact information (mailing address, telephone number and email address); (4) a statement that you have a good faith belief that the use of the material is not authorized by the copyright owner; (5) a statement that all of the information you have provided is accurate; and under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the copyright owner; and (6) your signature, either physical or electronic.

After you have included all of this information, send your notice to the following address: [NAME, ADDRESS, EMAIL].

Disclaimer of warranties; limitation of liability in addition to the other terms contained in this document you agree that your use of the Platform is at your own risk. The Platform is available “as is” and “as available” without representation or warranty of any kind or any assurance it will be available or perform as described. We expressly disclaim all representations and warranties, expressed and implied, including, without limitation, any warranty of merchantability, fitness for a particular purpose, title and non-infringement.

We make no warranty that the Platform will be error-free or uninterrupted, that the information obtained from the Platform will be accurate, complete or reliable, that the quality of Platform will be satisfactory to you or that errors or defects will be corrected. We make no guarantee regarding the reliability, accuracy or quality of any submission that is posted on the Platform.

To the fullest extent permitted by law, we shall not be liable to you or any other party for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages, regardless of the form of action or basis of any claim. You specifically acknowledge that we shall not be liable to you for your submissions or for the underlying actions, research or preparation involved with your submissions. We shall not be liable to you or for any defamatory, offensive or illegal conduct of any third party and the risk of harm or damage from any defamatory, offensive or illegal conduct rests entirely with you. Some jurisdictions do not allow certain exclusions of warranties or limitations on damages, so some of these exclusions and limitations may not apply to you. If you have a dispute with us or are dissatisfied with the Platform, termination of your use of the Platform is your sole remedy. We have no other obligation, liability or responsibility to you.

INDEMNIFICATION

You agree to indemnify, defend and hold the United States Air Force, the United States Air Force Recruiting Service, our officers, agents, representatives, employees, partners and licensors harmless from any and all demands, claims and actions (including reasonable attorneys’ fees) arising from or related to your Submissions and your use of the Platform. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.

Notwithstanding the above, you retain ownership rights in your Submissions; however, by submitting your Submissions on our Platform, you hereby grant the United States Air Force and the United States Air Force Recruiting Service, a worldwide, non-exclusive, royalty-free, sub-licensable and transferable right and license to use, reproduce, distribute, prepare derivative works of, display and perform your Submissions for any purpose, in our sole discretion including, but not limited to, marketing and promotional purposes in connection with our Platform or our Website and for the research and development purposes of the United States Air Force. To the extent the United States Air Force and/or the United States Air Force Recruiting Service uses your Submission for any purpose, such use shall be subject to and limited to applicable federal law and regulation, such as, without limitation, labor, procurement, environmental, defense contracting, export and privacy laws.

THIRD-PARTY SITES

We may offer links or other materials on our Platform which allow you to browse or be redirected to a third-party’s website. We are not associated, endorsing or responsible for the services, websites or content of these third parties. If you have any questions about these other companies’ practices, you should review their terms of use and other policies.

DISPUTE RESOLUTION

These Terms will be construed and enforced under federal law. You agree that the federal courts in the State of Texas shall be the exclusive forums for any dispute arising out of these Terms and the parties hereby consent to the personal jurisdiction of such courts and agree to waive any right to claim that Texas is an inconvenient forum. You agree that you will only sue us as an individual. You agree that you will not file a class action or participate in a class action. You and we agree that any dispute between us can only be brought in binding individual (non-class) arbitration to be administered by the American Arbitration Association (“AAA”). If, for any reason, AAA is not available, you or we may file our case with any national arbitration company. You waive any right you may have to a trial by jury in connection with any claim or proceeding related to these Terms.

SEVERABILITY

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

AMENDMENTS

We reserve the right to change any part of the Platform, as well as these Terms, at any time and without prior notice to you at our sole discretion. It is your responsibility to check these Terms periodically for any changes. Your continued use of the Platform means that you agree with our updated Terms.

QUESTIONS

If you have any questions about these Terms or the Platform, please contact us at:
U.S. Air Force Business Manager
GSD&M
828 W. 6th St
Austin, TX 78703