AIA Soloso™ Terms of Use
Website Users
The AIA Soloso ™ website (“Soloso”) is controlled and operated in whole or in part by the American Institute of Architects (AIA) from its offices within the United States. The AIA makes no representation that these materials are appropriate or available for use outside the territory of the U.S. Users outside of the U.S. who access Soloso do so at their own risk and are responsible for compliance with applicable local laws. The AIA reserves the right in its sole discretion to refuse or terminate access to Soloso at any time.
Your Acceptance of These Terms of Use
You acknowledge you have read and agree to be bound by these Terms of Use and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations, and rules regarding online conduct and acceptable website/internet content. You represent you have the legal authority to accept these Terms of Use on behalf of yourself or any party you represent. If you do not agree to these terms, please do not use Soloso.
AIA Trademarks
Soloso contains proprietary logos, service marks, trademarks, slogans and product designations. By displaying them on Soloso, the AIA is not granting you a license to use them in any fashion. Access to Soloso does not confer upon you any license under any of the AIA's or any third party's intellectual property rights.
Use of Blogs, Wiki, Message Boards, Member Profiles, Commentary Tools, and and Other Communications Forums
Soloso contains functions that allow users to interact with one another in a constructive, positive manner. It is important, however, that users follow basic terms and conditions so that Soloso continues to be a useful tool.
Users agree to use the Soloso blogs, wiki, message boards, member profiles, commentary tools, and other communications forums or functions (individually “Forum” or collectively “Forums”) only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, the user agrees that when using a Forum, the user shall not:
• Mention professional fees or pricing anywhere on Soloso, or on any other AIA webpage. Please read the AIA antitrust compliance guidelines if you need clarification.
• Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, infringing,obscene, indecent, offensive, or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded or downloaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any other commercial purpose.
• Download any file that the user knows, or reasonably should know, cannot be legally distributed via these sites.
• Knowingly and with intent to defraud provide material and misleading false information.
You represent and warrant also that the content you supply does not violate these terms, and that you will indemnify and hold the AIA harmless for any and all claims resulting from content you supply.
You acknowledge that the AIA does not pre-screen or regularly review posted content, but that it shall have the right to remove in its sole discretion any content that it considers to violate these terms.
You understand that all content posted to Soloso is the sole responsibility of the person who originally posted the content. You understand, also, that all opinions expressed by users of Soloso are expressed strictly in their individual capacities, and not as representatives of the AIA.
You agree that the AIA will not be liable, under any circumstances and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of any content posted on Soloso. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
The AIA respects the intellectual property of others, and requires that our users do the same. If you believe that your work has been copied and is accessible on Soloso in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please contact soloso@aia.org.
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any User submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• 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;
• 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 the service provider to locate the material;
• Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
• A statement that you have 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
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The American Institute of Architects’ designated Copyright Agent to receive notifications of claimed infringement is: Mark Carpenter, email: mcarpenter@aia.org, fax:202-626-7580. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Washington, D.C., and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the AIA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the AIA's sole discretion.
DISCLAIMERS
THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THESE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. THE AIA DOES NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL THE AIA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THROUGH ACCESS ANY CONTENT OR FEATURES, EVEN IF THE AIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE AIA SHALL HAVE NO LIABILITY FOR ANY CLAIMS BROUGHT BY THE OWNERS OF CONTENT OR SITES ACCESSED THROUGH CLICK-THRU ACCESS BASED ON YOUR INAPPROPRIATE OR UNPERMITTED ACCESS OF SUCH CONTENT OR SITES. YOU HEREBY AGREE TO INDEMNIFY THE AIA FOR SUCH CLAIMS IF BROUGHT AGAINST THE AIA IF YOU USED THIS SITE FOR SUCH INAPPROPRIATE OR UNPERMITTED ACCESS.
