(Effective as of April 18, 2018)
Welcome to ASA’s website (https://acousticalsociety.org), home of the Acoustical Society of America, (collectively the “Site”). This Site is owned and operated by the Acousctical Society of America on behalf of itself and its publishing partners and third-party licensors.
Purpose and Scope
The Site is intended for use by persons 18 years of age or older. If you are not at least 18 years old, please do not use the Site.
ermitted Use of the Site
ASA, on behalf of itself, its publishing partners, or third-party licensors, grants you a nonexclusive, nontransferable license to access and use the Site and Site Content, including making single copies of individual articles for noncommercial, personal and lawful use only. You are permitted to: (i) share limited amounts of content from individual articles (but not full articles) in person-to-person and nonsystematic scholarly exchanges with others; and (ii) use brief quotations from individual articles with the customary acknowledgment of the source.
This license grant does NOT permit or extend to the following types of use, which require separate written permission from ASA:
copying an entire article for transmission to another individual;
systematic reproduction, or reproduction in multiple copies;
republication in any format or medium of individual articles or portions of articles (e.g., excerpts, figures, images, tables, etc.) in original form or in modified, translated, annotated, or other derivative form;
reuse in course packs or electronic reserves;
sublicensing of any content;
the compiling of individual articles into a collection or database of any kind;
any form of commercial use, including for marketing, advertising or promotional purposes.
Permission may be subject to fees and may be granted or withheld in ASA’s sole discretion. To obtain permission, you may use the Copyright Clearance Center’s RightsLink system or contact ASA directly at email@example.com.
Articles published in journals that use an open access model, as well as some individual articles within subscription-based journals, are licensed under a Creative Commons Attribution (CC BY) license. Under the terms of the CC BY license, no permission is required from the author(s) or publisher to copy, distribute, transmit, or adapt the article content, provided that proper attribution is given to the authors in a manner that makes clear that the materials are being reused under permission of a Creative Commons license. ASA’s preferred format for attribution is as follows: “Author names, Journal Title, Vol. #, Article ID #, (Year of publication); used in accordance with the Creative Commons Attribution (CC BY) license (https://creativecommons.org/licenses/by/4.0/).”
If you register on the Site and create a user ID and password, you are solely responsible for ensuring that the user ID and password are kept confidential and not disclosed to any third party. You also agree not to use someone else’s account, user name, or password at any time and that you will notify ASA immediately if you suspect any unauthorized use of your own account or password. ASA may disable your user ID and password at any time in its sole discretion.
Prohibited Uses of the Site
ASA specifically prohibits the following:
using any automated program, tool or process (such as web crawlers, robots, bots, spiders, and automated scripts) to access the Site or any server, network or system associated with the Site, or to extract, collect, harvest or gather any Site Content;
systematically downloading or making print or electronic copies of articles from the Site for the purpose of redistributing them (including by sale, rental, lease, or lending) in any format or medium, such as for document delivery and fee-for-service purposes, without the express prior written permission of ASA;
framing or otherwise creating a browser or border environment around any page or portion of the Site;
removing, altering, concealing, or tampering with any copyright, trademark or other proprietary rights or legal notices, markings or legends contained in or associated with the Site or any Site Content;
decompiling, disassembling, reverse engineering, or attempting to discover or derive any proprietary software code or information contained in or associated with the Site or any Site Content;
interfering in any way with the operation of the Site or any associated server, network or system, including: hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the Site or any associated server, network or system; breaching, bypassing, circumventing, disabling, or rendering ineffective any firewall, encryption, access control, authentication, or other security measure or mechanism used for or associated with the Site or any Site Content; submitting or uploading any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious or harmful computer code or program, to the Site; or accessing another’s account without authorization;
except as necessary to give attribution to ASA or the Site, or except as permitted by applicable law, using any trademark, service mark, logo or other identifier of ASA without the express prior written permission of ASA; and
redistribution of any Site Content to a country where that export is prohibited by U.S. law or regulation.
Any use of the Site or Site Content in a manner or form that is not expressly authorized by these Terms (or authorized in writing by ASA or applicable rights holders) or by applicable law, is strictly prohibited.
Contributing Material to the Site
Unless agreed to in writing between you and ASA, you retain copyright ownership in the Material submitted by you. However, by submitting Material to any part of the Site, you grant to ASA and its publishing partners an irrevocable, worldwide, perpetual, royalty-free, nonexclusive, transferable (with the right to sublicense to others) license to use, copy, publicly display, publish, distribute, reformat, translate, excerpt, prepare derivative works from, and incorporate into other works your submitted Material, for any purpose and in any format or medium whether now known or later developed.
By submitting Material to the Site, you also acknowledge and agree that: (i) ASA and its publishing partners will have no obligation to make any use of your submitted Material; and (ii) ASA will also have the absolute right, at any time and with or without reason, to remove, delete, block, or disable access to your submitted Material from the Site.
By submitting Material to the Site, you also represent and warrant that you are the owner of the Material or have written permission from the owner to post the Material and are not violating the intellectual property, confidentiality, or privacy rights of any third party.
Contributors may not post Material that:
contains obscene, lewd, profane or suggestive content;
contains libelous, threatening, harassing, racist, demeaning or defamatory content;
links to any obscene, lewd, profane, suggestive, libelous, threatening, harassing, racist, demeaning or defamatory content;
constitutes an invasion of privacy, a breach of any data protection principle or legislation, may incite violence or racial hatred; or that may cause annoyance, inconvenience or needless anxiety;
attempts to impersonate someone else or falsely imply a affiliation with any individual or entity;
contains marketing, such as advertising, chain letters, pyramid selling, spam, or promotional materials for other sites;
contains links to files that may contain a virus, corrupted data, Trojan horse, or any other potentially damaging files;
contains comments not pertinent to the discussion topic; or
Contributors also may not:
post multiple or duplicative comments;
collect personal data about other contributors via the Site, including but not limited to manually or through use of robots, spiders, or similar means;
circumvent or tamper with the security features built into the Site;
attempt to forward Site traffic to another site;
use or allow others to use the Site in any way that violates these Terms;
violate or possibly cause ASA to violate any applicable law, statute, ordinance or regulation; or
create liability for ASA in any manner whatsoever.
ASA reserves the right to modify, suspend, terminate, or restrict general online access to the Site or individual access to the Site or any Site Content at any time, for any reason, and without notice or liability. ASA, or any of its publishing partners, will not be liable for any delay, downtime, access time error, transmission error, software or equipment incompatibilities, force majeure or other failure of performance related to the Site. ASA will use commercially reasonable efforts to correct any material performance problem in a timely manner and may suspend performance to make corrections, or for maintenance and repair.
Notice of Infringement
To comply with the Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), ASA will respond to proper notifications of claimed copyright infringement with respect to user-submitted Material published on the Site, and will act promptly to remove and disable access to the allegedly infringing Material. ASA also has a policy of terminating the account of any registered user who is determined by ASA to be a repeat infringer.
Designated Agent: In compliance with the DMCA, the following is ASA’s Designated Agent to receive notifications of claimed copyright infringement:
Acoustical Society of America
1305 Walt Whitman Road, Suite 300
Melville, NY 11747-4300
Phone: (516) 576-2360
FAX: (631) 923-2875
Notice of Claimed Copyright Infringement: Notification of claimed copyright infringement must be in writing and sent to the Designated Agent listed above, and must include the following information:
The physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that is allegedly infringed;
A statement that the information in the notification is accurate, and under penalty of perjury, that this person is authorized to act on behalf of the owner of the copyright that is allegedly infringed;
A statement that this person has a good faith belief that the use of the material in the complained-of manner is not authorized either by the copyright owner, by the copyright owner’s agent, or by law;
A description of the copyrighted work that you claim has been infringed, and a description of where the allegedly infringing material is located on the Site; and
Your name, address, telephone number, and e-mail address. Please put “Notice of Infringement” in the subject line of all the notifications.
Counter-Notification to Claimed Copyright Infringement: Under the DMCA, if a notice of copyright infringement has been filed against Material submitted by you on the Site, you may make a counter-notification with the Designated Agent listed above. The counter-notification must be in writing and include the following information:
Your physical or electronic signature;
A statement by you under penalty of perjury that you have a good faith belief that the Material was removed or disabled as a result of mistake or misidentification;
Identification of the Material that has been removed or to which access has been disabled and the location at which the material previously appeared; and
Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of New York, USA, if you reside outside of the United States), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of that person.
If ASA receives a valid counter-notification, it may reinstate the removed or disabled user-submitted Material in accordance with the DMCA. Under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
Disclaimer of Warranties; Limitation of Liability
THE SITE AND ALL SITE CONTENT (INCLUDING ANY USER-SUBMITTED MATERIAL) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ASA AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS MAKE NO REPRESENTATIONS, WARRANTIES, OR GAURANTEES OF ANY KIND THAT ANY SITE CONTENT IS ACCURATE, UP-TO-DATE, OR COMPLETE, AND ACCEPTS NO LIABILITY FOR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE CAUSED BY YOUR USE OF OR RELIANCE ON THE SITE OR ANY SITE CONTENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THAT LOSS OR DAMAGE. IN ADDITION, ASA AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF NONINFRINGEMENT AND ALL OTHER WARRANTIES, REPRESENTATIONS, TERMS, CONDITIONS, AND UNDERTAKINGS.
ASA AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS HAVE NO LIABILITY FOR AND DO NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE OR ANY SITE CONTENT; NOR DO ASA AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS GUARANTEE THAT OPERATION OF THE SITE WILL BE ERROR-FREE. WE ARE NOT RESPONSIBLE FOR, AND HAVE NO LIABILITY FOR, ANY ERROR OR CORRUPTION OR BREACH OF SECURITY RESULTING FROM THE TRANSMISSION OF ANY INFORMATION OR MATERIAL OVER ANY TELECOMMUNICATIONS NETWORK.
ASA AND ITS PUBLISHING PARTNERS AND THIRD-PARTY LICENSORS ARE NOT LIABLE FOR ANY DIRECT OR INDIRECT LOSS OF BUSINESS, PROFIT, REVENUE OR GOODWILL, LOSS OR CORRUPTION OF DATA, OR LOST OR WASTED STAFF TIME ARISING FROM YOUR USE OR INABILITY TO USE THE SITE OR ANY SITE CONTENT.
Please verify all information and content before relying on it. If you suspect that something is inaccurate, unlawful, or an infringement of intellectual property rights, please contact firstname.lastname@example.org.
Some jurisdictions do not permit the exclusion of some representations, warranties, or liability. As a result, some of the exclusions above may not apply to you.
Notice of Change in Terms
Governing Law and Severability
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