SuperComputingOnline.com, LLC Service Agreement

1. Introduction.

    (A) Governing Terms. This website, including the features and services available from the site such as RSS, feeds, podcasts, and embeddable video, (collectively "Supercomputing", “SC Online News” or “Site”) is an interactive online service operated by SuperComputingOnline.com LLC. (SC Online News). These Terms of Service, along with any additional terms and conditions that are referenced herein or that are presented elsewhere on the Site concerning a specific service or feature (collectively “Terms of Service”) and the SC Online News Privacy Policy, set forth the terms and conditions that apply to your use of SC Online News. By using SC Online News, you agree to comply with all of the terms and conditions hereof. If you do not agree to these Terms of Service, you should not access or use SC Online News.

    (B) Changes to Terms of Service. SC Online News may modify the Terms of Service, or any part thereof, or add or remove terms at any time, and such modifications, additions, or deletions will be effective immediately upon posting. Your use of SC Online News after such posting shall be deemed to constitute acceptance by you of such modifications, additions, or deletions.

    (C) Changes to Site. SC Online News may change or discontinue any aspect, service, or feature of SC Online News at any time, including, but not limited to, content, hours of availability, and equipment needed for access or use.

    (D) Registration. You may be allowed to register via an online registration form to create a user account (your “Account”) that may allow you to receive information from SC Online News and/or to participate in certain features on the Site such as certain Interactive Areas. SC Online News will use the information you provide per the SC Online News Privacy Policy. By registering you represent and warrant that all information that you provide on the registration form is current, complete, and accurate to the best of your knowledge. You agree to maintain and promptly update your registration information on the Site so that it remains current, complete, and accurate. During the registration process, you may be required to choose a password. You acknowledge and agree that SC Online News may rely on this password to identify you. You are responsible for all use of your Account, regardless of whether you authorized such access or use, and for ensuring that all use of your Account complies fully with the provisions of these Terms of Service.

    (E) Equipment. You are responsible for obtaining and maintaining all connectivity, computer software, hardware, and other equipment needed for access to and use of SC Online News and all charges related to the same.

2. Community Guidelines & User Content

    (A) Interactive Areas. SC Online News may contain comments sections, discussion forums, bulletin boards, or other interactive features ("Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, other materials, or items (collectively, “User Content"). You are solely responsible for your use of any Interactive Areas and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate in SC Online News, and fulfill the obligations outlined in these Terms of Service, which forms a binding contract between you and SC Online News.

    (B) Community Guidelines. If you submit any User Content or participate in an Interactive Area within or in connection with SC Online News, you agree to abide by the following rules of conduct:

• You agree not to upload, post or otherwise transmit any User Content that violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk, or threaten others;
• You agree not to upload, post or otherwise transmit any User Content that is offensive to the online community, including blatant expressions of bigotry, racism, abusiveness, vulgarity, or profanity.
• You agree not to upload, post or otherwise transmit any material that contains or advocates pornography, pedophilia, incest, bestiality, or that is otherwise obscene.
• You agree not to upload, post or otherwise transmit any User Content that violates any law or engage in activity that would constitute a criminal offense or give rise to civil liability;
• You agree not to upload, post or otherwise transmit any User Content that advocates or provides instruction on illegal activity or discusses illegal activities with the intent to commit them;
• You agree not to upload, post or otherwise transmit, without SC Online News's express prior approval, User Content that contains advertising or any solicitation for products or services;
• You agree not to upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of any Interactive Area;
• You agree not to impersonate any person or entity, including, but not limited to, any SC Online News employee, or falsely state or otherwise misrepresent your affiliation with any person or entity;
• You agree not to interfere with any other user's right to privacy, including by harvesting or collecting personally-identifiable information about SC Online News users or posting private information about a third party;
• You agree not to upload, post or otherwise transmit any User Content, software, or other materials which contain a virus or other harmful or disruptive component;
• You agree not to interfere with or disrupt SC Online News or the servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
• You agree not to upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose, any portion of SC Online News, use of SC Online News, or access to SC Online News;
• You agree not to upload, post, or otherwise transmit any User Content protected by copyright, trademark, trade secret, right of publicity, or other proprietary rights without the express permission of the owner of such copyright, trademark, trade secret, right of publicity, or other proprietary rights. The burden of determining that any User Content is not protected by copyright, trademark, trade secret, right of publicity, or other proprietary right rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity, or other proprietary rights, or any other harm resulting from such a submission. Any person determined by SC Online News, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on SC Online News;
• You agree that if necessary, you have the consent of every identifiable natural person in any submission to use such person's name or likeness in the manner contemplated by SC Online News;
• You agree that any person who appears in your submission who is a current member of the Screen Actors Guild (SAG), the American Federation of Television and Radio Actors (AFTRA), or any other rights society is not entitled to compensation by SC Online News News.

Any conduct that in SC Online News’ sole discretion restricts or inhibits anyone else from using or enjoying SC Online News will not be permitted. SC Online News reserves the right in its sole discretion to remove or edit User Content by you and to terminate your Account for any reason. SC Online News is not responsible for User Content submitted to SC Online News or posted in comments sections, chat rooms, on bulletin boards, or other Interactive Areas by users of SC Online News.

    (C) Monitoring. SC Online News shall have the right, but not the obligation, to monitor User Content posted or uploaded to SC Online News to determine compliance with these Terms of Service and any operating rules established by SC Online News and to satisfy any law, regulation, or authorized government request. Although SC Online News has no obligation to monitor, screen, edit or remove any of the User Content posted or uploaded to SC Online News, SC Online News reserves the right, and has absolute discretion, to screen, edit, refuse to post, or remove without notice any User Content posted or uploaded to SC Online News at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content posted to the Site at your sole cost and expense.

    (D) License to User Content. By submitting User Content to SC Online News, you automatically grant SC Online News, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, publish, reproduce, modify, adapt, edit, translate, create derivative works from, incorporate into other works, distribute, sub-license and otherwise exploit such User Content (in whole or in part) worldwide in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such User Content. You warrant that such User Content is accurate and not misleading, and that use and posting or other transmissions of such User Content do not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant SC Online News the right to pursue at law any person or entity that violates your or SC Online News rights in the User Content by a breach of these Terms of Service.

    (E) Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion, and exploitation of the User Content by SC Online News or its licensees, successors, and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any moral rights of an author in any of the User Content; and (d) you forever release SC Online News, and its licensees, successors, and assigns, from any claims that you could otherwise assert against SC Online News by any such moral rights. You also permit any other user to access, view, store, or reproduce the User Content for that user's personal use.

    (F) User Content submitted by you will be considered non-confidential and SC Online News is under no obligation to treat such User Content as proprietary information except according to the SC Online News Privacy Policy. Without limiting the foregoing, SC Online News reserves the right to use any User Content as it deems appropriate, including, without limitation, deleting, editing, modifying, rejecting, or refusing to post it. SC Online News is under no obligation to offer you any payment for User Content that you submit or the opportunity to edit, delete or otherwise modify User Content once it has been submitted to SC Online News. SC Online News shall have no duty to attribute authorship of User Content to you, and shall not be obligated to enforce any form of attribution by third parties.

3. Copyright Ownership.
   SC Online News contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, and the entire contents of SC Online News are copyrighted as a collective work under the United States copyright laws. SC Online News owns the copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication, or commercial exploitation of downloaded material will be permitted without the express permission of SC Online News and the copyright owner. In the event of any permitted copying, redistribution, or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
4. Third-Party Content.
   SC Online News is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of SC Online News, are those of the respective author(s) or distributor(s) and not of SC Online News. Neither SC Online News nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. (Refer to Section 6 below for the complete provisions governing the limitation of liabilities and disclaimers of warranty.)

In many instances, the content available through SC Online News represents the opinions and judgments of the respective user or information provider not under contract with SC Online News. SC Online News neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on SC Online News by any third party. Under no circumstances will SC Online News be liable for any loss or damage caused by your use or reliance on information obtained through SC Online News. SC Online News is not responsible for any actions or inaction on your part based on the information that is presented on SC Online News. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through SC Online News. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

5. Advertisements and Promotions
   SC Online News may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than SC Online News, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. SC Online News is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Site.
6. Disclaimer of Warranty; Limitation of Liability.

    (A) YOU EXPRESSLY AGREE THAT THE USE OF SC ONLINE NEWS IS AT YOUR SOLE RISK. NEITHER SC ONLINE NEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANT THAT SC ONLINE NEWS WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF SC ONLINE NEWS, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH SC ONLINE NEWS.

    (B) SC ONLINE NEWS, INCLUDING, WITHOUT LIMITATION, ANY DOWNLOADABLE SOFTWARE, IS 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, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF SERVICE.

    (C) SC ONLINE NEWS MAY OFFER HEALTH, FITNESS, NUTRITION, AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON SC Online News DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE. YOU SHOULD NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. SC ONLINE NEWS IS NOT RESPONSIBLE FOR ANY ACTIONS OR INACTION ON A USER'S PART BASED ON THE INFORMATION THAT IS PRESENTED IN SC ONLINE NEWS.

    (D) NEITHER SC ONLINE NEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    (E) IN NO EVENT WILL SC ONLINE NEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING SC ONLINE NEWS OR THE SC ONLINE NEWS SOFTWARE, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE SC ONLINE NEWS.

    (F) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, SC ONLINE NEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS OR CONTENT PARTNERS BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, nor UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN SC Online News, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO YOU, OR ANY CLAIMS OR LOSSES ARISING THEREFROM nor OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, AND PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER SC ONLINE NEWS, ITS PARENT, SUBSIDIARIES, ITS OTHER AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS, INFORMATION PROVIDERS, OR CONTENT PARTNERS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY, OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.

    (G) SC ONLINE NEWS DISCLAIMS ANY AND ALL LIABILITY OF ANY KIND FOR ANY UNAUTHORIZED ACCESS TO OR USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. BY ACCESSING SC ONLINE NEWS, YOU ACKNOWLEDGE AND AGREE TO SC ONLINE NEWS’ DISCLAIMER OF ANY SUCH LIABILITY. IF YOU DO NOT AGREE, YOU SHOULD NOT ACCESS OR USE SUPERCOMPUTING.

7. Indemnification.
   You agree to defend, indemnify and hold harmless SC Online News, its affiliates, and their respective directors, officers, employees, and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of SC Online News by you or your Account.
8. Termination.
   SC Online News may terminate or suspend these Terms of Service at any time without notice to you. Without limiting the foregoing, SC Online News shall have the right to immediately terminate your Account in the event of any conduct by you that SC Online News, in its sole discretion, considers to be unacceptable, or in the event of any breach by you of these Terms of Service. The provisions of Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10 shall survive termination of these Terms of Service.
9. Trademarks.
   SC Online News, its parent, subsidiaries, and affiliates own all rights to their logos and trademarks used in connection with the Site. All other logos and trademarks appearing on SC Online News are the property of their respective owners.
10. Miscellaneous.
    These Terms of Service and any operating rules for SC Online News established by SC Online News constitute the entire agreement of the parties concerning the subject matter hereof and supersede all previous written or oral agreements between the parties concerning the such subject matter. The provisions of these Terms of Service are for the benefit of SC Online News, its parent, subsidiaries, other affiliates, and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its behalf. These Terms of Service shall be construed under the laws of the State of Florida, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
11. Copyrights and Copyright Agent.
    SC Online News respects the rights of all copyright holders and in this regard, SC Online News has adopted and implemented a policy that provides for the termination in appropriate circumstances of users and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SC Online News's Copyright Agent with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
12. 1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
        3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
        4. Information reasonably sufficient to permit us to contact the complaining party;
        5. A statement that the complaining party has 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
        6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

For copyright inquiries under the Digital Millennium Copyright Act please contact us via email: Chris. oneal (-at-) supercomputingonline.com.

For web posting, reprint, transcript, or licensing requests for SC Online News material, please contact us via email: Chris. oneal (-at-) supercomputingonline.com.

For any questions or requests other than copyright issues or licensing requests, please contact us via email: Chris. oneal (-at-) supercomputingonline.com.