WSTAMP Website Terms of Use

The content, services, and functionality of the wstamp.ornl.gov domain name (the "World STAMP Website", or "Website") are administered by UT-Battelle, LLC, (“UT-Battelle) under the authority of its Prime Contract No. DE-AC05-00OR22725 with the U.S. Department of Energy (DOE).

Your use of the World STAMP Website constitutes your agreement to be bound by all of the following terms and conditions. Please read them carefully before using the Website. If you do not agree to any of these Terms or conditions, you must not use the Website.

Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version (wstamp.ornl.gov). World STAMP may, in its sole discretion, modify or revise these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

World STAMP Website

These Terms of Service apply to all users of the World STAMP Website, including users who are also contributors of information and other materials on the Website. The World STAMP Website includes all information, materials, and applications found on the World STAMP Website.

The World STAMP Website may contain links to third party websites that are not owned or controlled by UT-Battelle. UT-Battelle has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, UT-Battelle will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve UT-Battelle and DOE from any and all liability arising from your use of any third-party website.

Accordingly, we encourage you to be aware when you leave the World STAMP Website and to read the terms and conditions and privacy policy of each other website that you visit.

World STAMP Website Accounts

In order to access the Website, you will have been assigned an account. You may never use another's account without permission from UT-Battelle.

Although UT-Battelle will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of UT-Battelle or others due to such unauthorized use.

Your User License

UT-Battelle hereby grants you a limited, nonexclusive, nontransferable license to access and use the Website as set forth in these Terms of Service, provided that:

You agree not to distribute in any medium any part of the Website, including but not limited to User Submissions (defined below), without UT-Battelle's prior written authorization.

You agree not to alter or modify any part of the Website.

You agree not to access User Submissions (defined below) or World STAMP Website content through any technology or means other than the pages of the Website itself, or other explicitly authorized means UT-Battelle may designate.

You agree not to use the Website for any commercial use, without the prior written authorization of UT-Battelle. Prohibited commercial uses include, but are not limited to any of the following actions taken without UT-Battelle's express approval:

sale of access to the Website or its related services on another website; and

use of the Website or its content for the primary purpose of gaining advertising or subscription revenue;

You agree not to use or launch any automated system, including without limitation, "robots," "spiders," or "offline readers," that accesses the Website in a manner that sends more request messages to the World STAMP Website servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.

In your use of the website, you will otherwise comply with the terms and conditions of these Terms of Service and all applicable local, national, and international laws and regulations.

Your Use of Content on the Site

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the World STAMP Website.

The content on the World STAMP Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the like ("Content") are owned by or licensed to UT-Battelle, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you AS IS for your information and personal use only and may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever only to the extent permitted by the Website.

You may access User Submissions for your information and personal use solely as intended through the provided functionality of the World STAMP Website. You shall not copy or download any User Submission unless you see a “download” or similar link displayed on the World STAMP Website for that User Submission.

User Comments are made available to you for your information and personal use solely as intended through the normal functionality of the World STAMP Website. User Comments are made available "as is", and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the World STAMP Website or otherwise as prohibited under this Agreement.

You may access Website Content, User Submissions and other content only as permitted under this Agreement. UT-Battelle reserves all rights not expressly granted in and to the Website Content and the World STAMP Website.

You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that neither UT-Battelle nor DOE is responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against UT-Battelle and DOE with respect thereto, and agree to indemnify and hold UT-Battelle and DOE harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

Your User Submissions and Conduct

As a World STAMP Website account holder you may submit textual and other content, including, but not limited to text and data, collectively referred to as "User Submissions."

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize UT-Battelle to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.

For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to the World STAMP Website, you hereby grant UT-Battelle a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, display, and to the extent permitted by you, reproduce, distribute, prepare derivative works of, and perform the User Submissions in connection with the World STAMP Website and UT-Battelle's (and its successors' and affiliates') business, in any media formats and through any media channels. You also hereby grant each user of the World STAMP Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. You understand and agree, however, that UT-Battelle may retain, but not display, distribute, or perform, server copies of User Submissions that have been removed or deleted. The above licenses granted by you in User Comments are perpetual and irrevocable.

In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant UT-Battelle all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is excessive in length, pornographic, sexually explicit, violent, abusive, offensive, defamatory, or contrary to applicable local, national, and international laws and regulations. UT-Battelle reserves the right to decide, at its sole discretion, whether User Submissions are pornographic, obscene, sexually explicit, violent, abusive, offensive, defamatory, or excessive length. UT-Battelle may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

UT-Battelle and DOE do not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and UT-Battelle and DOE expressly disclaim any and all liability in connection with User Submissions. UT-Battelle does not permit copyright infringing activities and infringement of intellectual property rights on the Website, and UT-Battelle will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. UT-Battelle reserves the right to remove Content and User Submissions without prior notice.

Account Termination Policy

UT-Battelle reserves the right to refuse service to any User and to discontinue any aspect of the World STAMP Website at any time at its sole discretion.

Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WORLD STAMP WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW AND CONTRACT, UT-BATTELLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND THE DOE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. UT-BATTELLE AND DOE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WORLD STAMP WEBSITE. UT-BATTELLE AND DOE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BOTH UT-BATTELLE AND DOE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

IN NO EVENT SHALL DOE, UT-BATTELLE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WORLD STAMP WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT UT-BATTELLE OR DOE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT UT-BATTELLE AND DOE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

The Website is controlled and offered by UT-Battelle from its facilities in the United States of America. UT-Battelle makes no representations that the World STAMP Website is appropriate or available for use in other locations. Those who access or use the World STAMP Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Indemnity

You agree to defend, indemnify and hold harmless DOE, UT-Battelle, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the World STAMP Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the World STAMP Website.

Ability to Accept Terms of Service

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.

Assignment

These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by UT-Battelle and DOE without restriction.

General

You agree that: (i) the World STAMP Website shall be deemed solely based in Tennessee; and (ii) the World STAMP Website shall be deemed a passive website that does not give rise to personal jurisdiction over UT-Battelle, either specific or general, in jurisdictions other than Tennessee. These Terms of Service will be construed according to the laws of the State of Tennessee and the United States of America and in the English language. Any action brought to enforce any provision or obligation hereunder will be brought in the Federal District Court for the Eastern District of Tennessee. However, if jurisdiction is not found in Federal Court, actions will be brought in Tennessee in either Knox, Roane, or Anderson County Court. These Terms of Service, together with the Privacy Notice below and any other legal notices published by UT-Battelle on the Website, shall constitute the entire agreement between you and UT-Battelle concerning the World STAMP Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and UT-Battelle's failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. UT-Battelle reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the World STAMP Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND UT-BATTELLE AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WORLD STAMP WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.


World STAMP Website Privacy Notice
Updated as of October 20, 2016


Personal Information

If you submit personal information to UT-Battelle through the World STAMP Website, we may use that information to operate, maintain, and improve the features and functionality of the Website, and to process any communication you send to us.

We do not use your email address or other personal information to send commercial or marketing messages without your consent. We may use your email address without further consent for non-marketing or administrative purposes (such as notifying you of major World STAMP Website changes or for customer service purposes).

We use cookies, web beacons, and log file information to: (a) store information so that you will not have to re-enter it during your visit or the next time you visit the Website; (b) provide custom, personalized content and information; and (c) monitor aggregate metrics such as total number of visitors and pages viewed.

Information That is Publicly Available

Your World STAMP Website account name, not your email address, is displayed to other users when you engage in certain activities on the Website, such as when you upload documents, connect with other users, add Tools & Apps, etc. Other users can contact you by leaving a message or comment on the site.

User Profiles

You may update or correct your profile information, email preferences and privacy settings at any time by visiting your account profile page at wstamp.ornl.gov.