WEBSITE TERMS OF USE
Last Modified: 10/31/2024
These terms of use (these “Terms”) shall govern all access and use by you of (a) The Econometric Society’s (“ES,” “we,” “us,” “our”) websites, available at https://www.econometricsociety.org/, (including all webpages, subdomains and subparts therein contained, separately or collectively, the “Site”) and (b) all services available on or through the Site or otherwise provided by ES in connection with the Site (collectively, the “Services”). [These Terms hereby incorporate by reference our privacy policy (“Privacy Policy”), available at https://www.econometricsociety.org/privacy-policy, as if fully set forth herein.]
Please read these Terms carefully before you start to use the Site. BY USING THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SITE OR THE SERVICES.
By accessing or using the Site or the Services, you represent and warrant that these Terms form a legally binding contract by and between ES and you, and that you will comply with these Terms and all applicable federal, state, local and international laws and regulations (“Laws”). Note that in some instances, both these Terms and separate additional terms or licenses, guidelines, rules or terms of service will apply to your use of some services offered and/or operated by ES (in each such instance, and collectively, “Additional Terms”). These Additional Terms will be posted in connection with the applicable services and will be in addition to these Terms of Service.
We may update these Terms from time to time at our sole discretion and aim to provide a “Last Modified” date within these Terms to notify you when these Terms were last updated. All changes to these Terms are effective immediately upon posting and apply to all access and use of the Site by you at any time thereafter. If you continue to use of the Site following any updates to these Terms, you will be deemed to have read, understood, consented to and agreed to all such changes thereto. Please review this page periodically so you are aware of any changes to these Terms, as they are binding upon you.
The Site and the Services are offered and made available with certain features, including user registration, which are subject to eligibility requirements that are made available to or accessible by you. If you do not meet the associated eligibility requirements, please immediately discontinue using the Site and the relevant Services, as applicable. Additionally, if for any reason you do not agree with all of the terms and conditions contained in these Terms, please immediately discontinue using the Site and the Services. The Site and the Services are provided for adults. We will assume (and by using the Site or the Services you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise capable of being legally bound in contract under Law).
1.ACCESSING THE SITE AND ACCOUNT SECURITY
We reserve the right to withdraw or amend the Site or any services or material we provide on the Site in our sole discretion and without notice. We are not liable for any unavailability of the Site or the Services.
Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or to access certain content. [Our practices governing your personal information with respect to the Site and the Services are disclosed in our Privacy Policy.] Your decision to provide such information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Site or the Services.
(1.1)Your Obligations as a Registered User.
To be a registered user of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by our forms and other input mechanisms (the “Registration Data”), (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete, and (c) accept responsibility for all activities that occur under your account or password. If you provide any information that is untrue, inaccurate, not current or incomplete, or ES has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, then ES may suspend or terminate your account(s) and refuse to provide you with the Services or access to the Site (or any portion thereof, in either case). You can access, correct and update certain Registration Data that you have provided to us by logging into your user dashboard located at https://www.econometricsociety.org/users. You must be at least eighteen (18) years of age to register as a user of the Site or access the Services.
(1.2)Account, Password and Security.
To access certain features of the Site, you may be required to create an account and choose a password. You are responsible for maintaining the confidentiality of your password and other account information and are fully responsible for all activities that occur under your account. You agree to not let any other users use the Site or access the Services under your registered account, and you are fully responsible for the conduct of all users who use the Site or access the Services under your registered account. You agree to (a) immediately notify ES of any unauthorized use of your password or account or any other breach of your account’s security and (b) logout from your account at the end of each session. ES is not liable for any loss, damage or other liability arising from your failure to comply with this Section 1.2 or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that ES shall be the sole arbiter of such dispute in its sole discretion and that ES’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
2.YOUR USE OF THE SITE AND THE SERVICES.
(2.1)Your Conduct.
You agree to access the Site and use the Services solely for you own personal and non-commercial purposes subject to the following rules and limitations.
You may not access without authorization or make any unauthorized use of the Site, the Services, the ES Content, the server on which the Site is stored, or any server, computer or database connected to the Site. You may not access or use the Site or the Services to take any action that could harm or expose to liability us or a third party. You may not use the Site or the Services in violation of Law, including export controls and sanctions, or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You agree not to introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful. You agree that you will not circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site, the Services or any ES Content (except that the restriction against reverse engineering shall not apply to the limited extent it is prohibited by Law). You agree to not impersonate or attempt to impersonate ES, our partners, another user or any other person or entity (including, without limitation, by using email addresses that may be associated with any of the foregoing). Without ES’s prior written consent, you shall not:
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access any part of the Site, the Services or the ES Content you do not have permission or authorization to access or for which ES has revoked your access;
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use robots, spiders, scripts, service, software or any manual or automatic device, tool or process designed to data mine or scrape the ES Content, data or information from the Site or the Services, or otherwise use, access or collect the ES Content or data or information from the Site or the Services using automated means;
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use the ES Content for the development of any software program, including, but not limited to, training a machine learning (ML) or artificial intelligence (AI) system;
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use services, software or any manual or automatic device, tool or process designed to circumvent any restriction, condition or technological measure that controls access to the Site or the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Site or the Services;
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cache or archive the ES Content (except for a public search engine’s use of spiders for creating search indices);
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modify, reproduce, copy or create derivatives of any part of the Services or the ES Content (as defined below);
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take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or that could disable, overburden, damage or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site;
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do anything that could disable, damage or change the functioning or appearance of the Site or the Services, including the presentation of advertising;
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remove or alter any proprietary notices or labels on or in the Services or the ES Content;
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send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards (defined below);
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transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
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To impersonate or attempt to impersonate ES, our industry partners, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
Additionally, you agree not to attempt (or encourage or support anyone else’s attempt) to do any of the activities prohibited by these Terms.
(2.2)ES Content.
The Site and all of the content it contains, or may in the future contain, including, without limitation, information, data, software, text, design elements, graphics, images, audio, videos and other content, and the design, selection, and arrangement thereof, as well as the copyrights (including in relation to source code and object code), trademarks, service marks, trade secrets and any other form of intellectual property (collectively, the “Site Content”), along with any content contained in or delivered via the Services or otherwise made available by ES with the Services (collectively with the Site Content, the “ES Content”) is protected, as applicable, from unauthorized use, copying and dissemination by copyright, trademark, service mark, trade secret, rights of publicity, moral rights, Laws or treaties. ES owns portions of the ES Content and other portions of the ES Content may be made available to ES through arrangements with third parties. Your ability to access the Site and any provision of Services to you does not grant you any right, title or interest in or to any intellectual property or proprietary rights in the ES Content, and you agree that any such rights are retained, in whole, by ES or the holder of such rights, and any rights not expressly granted to you under these Terms are reserved.
Except as expressly authorized by ES in writing or in connection with your use of the intended functionality of the Services as described in these Terms, you shall not:
sell, license, rent, modify, distribute, capture, copy, reproduce, transmit, publicly display, perform, transfer, publish, adapt, upload, edit, create derivative works from or based upon, or exploit in whole or part any ES Content;
post any ES Content on any other web site or in a networked computer environment for any purpose;
reproduce, copy or distribute any ES Content for any other purpose without the express prior written permission of ES;
use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text or without attribution; or
delete or alter any copyright, trademark or other proprietary rights notices from any ES Content.
Any use of the Services or the ES Content other than as specifically authorized herein is a breach of these Terms and may infringe, misappropriate, dilute or otherwise violate copyrights, trademarks or Law. You shall use the ES Content only for purposes that are permitted by these Terms and Law.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Site in breach of these Terms, your right to use the Site shall terminate immediately and you must, at our option, return or destroy any copies of the ES Content you may have made.
(2.3)Trademarks.
The trademarks, service marks and logos of ES (the “ES Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of ES. Other company, product and service names used in connection with the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with ES Trademarks, the “Trademarks”). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of ES specific for each such use. The Trademarks may not be used to disparage ES, any third party or ES’s or third party’s products or services, or in any manner (in ES’s sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless ES approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any ES Trademark shall inure to ES’s benefit.
(2.4)Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site or to ES in connection with the Site (“Your Content”), you hereby grant to ES a non-exclusive, worldwide, perpetual, irrevocable (except as set forth in the next sentence), royalty-free right and license to use, reproduce, modify, make derivative works of, distribute, translate, publish and display or otherwise exploit Your Content. The foregoing license shall be transferable and sublicensable (through multiple tiers), in each case, for the benefit of ES or its affiliates (but not for the independent benefit of unaffiliated third parties).
By posting Your Content on the services, you consent to the recording, use and re-use by ES, its licensees, successors and assigns, of your voice, actions, likeness, name, appearance, profile photograph, performance, biographical material and any other identifying information, including, without limitation, any information contained in Your Content, as used, edited, altered, fictionalized or modified by ES, in its sole discretion, in any and all media now known or hereafter devised, throughout the world, in perpetuity, including, without limitation, in and in connection with ES, or related to the Site or the Services, in and in connection with any television programs and other productions, and in and in connection with advertising, promotion and publicity.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license and that Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with Law. In addition, Your Content must be accurate and truthful. ES reserves the right to remove any of Your Content from the Site at any time if ES believes in its sole discretion that it does not comply with these Terms. You agree that your ability to contribute, provide or make available Your Content may be reviewed, moderated, approved or revoked by ES at its sole discretion at any time. Further, You agree your permission to contribute, provide or make available Your Content may be granted by ES only in certain areas of the website relevant to Your role in the organization.
(2.5)Content Standards.
The content standards provided in this Section 2.5 (the “Content Standards”) apply to all of Your Content and your use of the Services. Your Content must in its entirety comply with Law. Without limiting the foregoing, Your Content must not:
contain any material that is defamatory, abusive, harassing or hateful;
promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or any protected class or characteristic;
infringe, misappropriate, dilute or otherwise violate any patent, trademark, trade secret, copyright or other intellectual property rights of any person;
violate any legal right (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under Law or that otherwise may be in conflict with these Terms;
be likely to deceive any person;
promote any illegal activity, or advocate, promote or assist any unlawful act;
impersonate any person or misrepresent your identity or affiliation with any person or organization;
involve commercial activities or sales, such as contests, sweepstakes or other sales promotions, barter or advertising (except for those limited activities which may be expressly permitted by these Terms);
give the impression that it emanates from or is endorsed by us or any other person or entity, if this is not the case; or
violate ES’s Code of Conduct available at https://www.econometricsociety.org/society/code-of-conduct;
3.NO WARRANTIES, LIMITATION OF LIABILITY AND INDEMNIFICATION
(3.1)Disclaimer of Warranties.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ES NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER ES NOR ANYONE ASSOCIATED WITH ES REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, ES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT ES HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS AND ACTIVITIES ADVERTISED ON THE SITE. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
(3.2)Third-Party Information.
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
ES may make available content obtained from third parties, or transmit content from third parties to you (“Third-Party Content”) through the Site, or provide you with links to external websites that are not controlled by or associated with ES (“Third-Party Sites”). Making Third-Party Content and links to Third-Party Sites available in no way implies that we endorse, sponsor, recommend, or otherwise accept responsibility for any Third-Party Content on the Site, or any content on or your use of any Third-Party Sites. We are not responsible for the privacy practices of Third-Party Sites, and any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites’ terms of use and privacy policies, which you should review carefully. You acknowledge and agree that you access and use any Third-Party Content or Third-Party Sites at your own risk, and you expressly release ES from any liability, loss or damage of any nature arising from your access to or use of any Third-Party Content or Third-Party Sites.
The Services may include features that operate in conjunction with certain third-party social networking websites that you visit, such as Bluesky, Facebook, LinkedIn, X, and YouTube (“Social Network Features”). While your use of the Social Network Features is governed by these Terms, your access and use of third-party social networking sites is governed by the terms posted on those sites. You are responsible for ensuring that your use of those sites complies with any applicable terms of service or other agreements.
Although ES may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on the Site, ES is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any Law. ES intends to fully cooperate with any law enforcement authorities or court order requesting or directing ES to disclose the identity of anyone posting any such information or materials.
(3.3)Limitation of Liability.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL ES, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), UNDER A WARRANTY, UNDER STATUTE OR OTHERWISE, UNDER OR IN CONNECTION WITH THESE TERMS, THE SITE, YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY ES CONTENT OR CONTENT ON ANY SUCH OTHER WEBSITES (EVEN IF FORESEEABLE, OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE) FOR LOSS OR DAMAGE OF ANY KIND, INCLUDING LOSS OF REVENUE, PROFITS, SALES, BUSINESS, BUSINESS OPPORTUNITY, ANTICIPATED SAVINGS, USE, GOODWILL, REPUTATION OR DATA OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS. ES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, ES IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD-PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FACILITATED PAYMENT METHOD SERVICE), AND ES HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD-PARTY SERVICE PROVIDER.
(3.4)Indemnification.
You agree to defend, indemnify and hold harmless ES, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, Your Content, any use of the ES Content or the Services other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
4.MISCELLANEOUS
(4.1)Governing Law and Jurisdiction.
All matters relating to the Site and the Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule (whether of the State of Delaware or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, the Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut, in each case located in the City of New Haven and County of New Haven, although we retain the right to bring any suit, action or proceeding against you for breach of the Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
(4.2)Waiver and Severability.
No waiver by ES of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ES to assert a right or provision under these Term shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms shall continue in full force and effect.
(4.3)Entire Agreement.
These Terms, [the Privacy Policy,] and the Code of Conduct constitute the sole and entire agreement between you and ES regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding the Site.
(4.4)No Third-Party Beneficiaries.
Except as set forth in Section 3.4, there are no third-party beneficiaries to these Terms.
(4.5)Termination.
These Terms are effective unless and until terminated by ES. ES may terminate these Terms at any time without notice, and accordingly may deny you access to the Site or Service, for any reason or no reason. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes.
(4.6)Contact Us.
Any feedback, comments, requests for technical support and other communications relating to the Site or these Terms should be directed to our executive director, see https://www.econometricsociety.org/contact.