Effective August, 2018

These are the Terms of Use ("Terms") for the American Academy of Pediatrics ("AAP") which govern your access to and use of the websites, apps, and digital platforms provided by AAP (collectively the "Websites"). Please note your access to and use of the Websites is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Websites you agree you are bound by these Terms.

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND AVAILABLE REMEDIES RESULTING FROM YOUR USE OF THE WEBSITES. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AS DESCRIBED BELOW.

Your Acceptance Of The Terms
Please be aware that these Terms constitute a binding legal agreement between you and the AAP outlining your legal rights, obligations, and remedies arising from your use of the Websites. You agree you are responsible for your use of the Websites and any consequences resulting from your use of the Websites. You may use the Websites only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Websites. 

You may use the Websites only if you can form a binding contract with the AAP and are not a person barred from receiving services under the laws of the United States or other applicable jurisdictions. If you are accepting these Terms and using the Websites on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and that you agree, on behalf of the party that you represent, to this Agreement. If you reside in a jurisdiction that restricts the use of the Websites because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Websites. 

By accessing or using the Websites, you (the "User") represent and warrant that you have the right, authority, and capacity to enter into this Agreement, you will abide by these Terms, and that you have read, understand, and agree to be bound by these Terms, and by the terms of the AAP's Privacy Notice. In addition, your use of the Websites is governed by the terms of their respective Institutional License Agreements which are incorporated into your agreement with the AAP by this reference and which must be entered into with the AAP prior to using those Websites and their associated services. Examples of Institutional License Agreements are located http://ebooks.aappublications.org/content/site-license and https://pediatriccare.solutions.aap.org/DocumentLibrary/Institutional%20License%20Agreement.pdf.

These Terms apply to anyone who accesses or uses the Websites, whether or not you have registered for an account with the AAP or are a member of the AAP. By using the Websites you agree you accept the terms and conditions of the Terms and Privacy Notice. The Websites are always evolving and the form and nature of the Websites may change from time to time without prior notice to you. In addition, the AAP may permanently or temporarily stop providing the Websites, or features of the Websites, and may not provide you with prior notice.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING THE WEBSITES. BY ACCESSING OR USING THE WEBSITES, YOU AGREE YOU ARE BOUND BY THESE TERMS OF USE IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS INCLUDED WITHIN THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITES.

Privacy
The AAP knows you care about your privacy. Any information you or other users provide to the AAP or which we collect about you or others is subject to our Privacy Notice. To learn more about how the AAP collects, uses, shares, and secures your information, please review the AAP's Privacy Notice at https://www.aap.org/en-us/Pages/Privacy-Statement.aspx, which is incorporated into your agreement with the AAP by this reference.

Eligibility To Use The Websites
The Websites are intended for legal use by adults only and are not directed to children under the age of 16. You may not use the Websites in any manner if you are under the age of 16 and any registration by anyone under 16 is void. By accessing or using the Websites and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 16 years of age; (2) that you have not previously been suspended or removed from the Websites; and (3) that your use of the Websites is in compliance with any and all applicable laws and regulations.

Your Representations & Warranties to AAP
By using the Websites, you represent, warrant, and agree:

1. You will only use the Websites for lawful purposes, and you will not use the Websites for sending, storing, or distributing any unlawful material or for fraudulent purposes;
2. You will not use the Websites to cause nuisance, annoyance or inconvenience;
3. You will not impair the proper operation of the Websites or any network which is used to support or access the Websites;
4. You will not try to harm the Websites in any way whatsoever;
5. You will not copy, or distribute the Websites or other content without written permission from the AAP;
6. You will only use the Websites for your own use and will not resell any aspect of the Websites to a third party;
7. You will keep secure and confidential your account password or any identification we may provide you which allows access to the Websites; and
8. You will provide us with whatever proof of identity we may reasonably request.

Accounts & Registration
Registering for a Websites Account: In order to use or access certain Websites or features of the Websites, you may be asked to register for a user account (a "Websites Account") and become a registered user of the Websites (a "Registered User"). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Websites Account you register, and for any actions that arise from or take place using your Websites Account, whether or not you have authorized such actions or use; and (5) immediately notify the AAP of any unauthorized use of your Websites Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Websites Account.

Your Websites Account Information: You may not select or use a Websites Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and the AAP; or (4) that, in the AAP's sole discretion, is offensive, vulgar, or obscene. The AAP reserves the right to refuse registration of a Websites Account, or cancel any account name, in its sole discretion.

The AAP's Termination of Access to the Websites: The AAP maintains the right to suspend or disable your access to the Websites and any Websites Account you may have created, or terminate these Terms, at its sole discretion and without prior notice to you if you breach the Terms, or if the AAP otherwise determines such action is warranted. The AAP reserves the right to revoke your access to and use of the Websites at any time, with or without cause, whether or not you have established a Websites Account or are a Registered User.

Your Cancellation of Your Websites Account or Use of the Websites: You may cancel your Websites Account or your access to the Websites at any time by contacting the AAP using the information below. Upon cancellation of your Websites Account, the AAP may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Websites.

User Conduct
As a condition of your use of the Websites, you agree not to use the Websites: (1) for any illegal purpose; (2) for any purpose that is prohibited by these Terms; or (3) for any other purpose not reasonably intended by the AAP as typical or expected use of the Websites consistent with the purposes for which the Websites were created. You specifically agree you will not do any of the following: 

1. Use the Websites for or in connection with any illegal purpose, including any violation of any applicable local, state, national, or international law, or rule or regulation having the force of law;
2. Abuse, harass, threaten, impersonate, or intimidate others; 
3. Post, upload, or otherwise distribute or post links to any content that is unlawful, defamatory, libelous, inaccurate, or that you do not have all necessary rights to transmit, or that the AAP or a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by the AAP in its sole discretion;
4. Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain any password or other confidential information, or private information from any User; 
5. Create or submit unwanted email ("Spam") to any other person or any URL; 
6. Submit content linking or otherwise directing others to affiliate programs, multi-level marketing schemes, or off-topic content; 
7. With the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the Websites for any purpose without our express written permission;
8. Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
9. Interfere or attempt to interfere with the proper working of the Websites or any activities conducted on or through the Websites; 
10. Bypass any measures we may use to prevent or restrict access to the Websites or any part of the Websites;
11. Interfere with the operation of the Websites or any User's enjoyment of the Websites, including without limitation, by: (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious software or code; (ii) making unsolicited offers, advertisements, or other solicitations, directing spam or other unsolicited communications to other Users, or conducting your own contests or promotions using the Websites; (iii) attempting to collect personal information about Users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Websites, or violating the regulations, policies, or procedures of such networks, equipment, or servers;
12. Share, sell, or otherwise transfer the access granted to you to the Websites, including information regarding your Websites Account login information, or password, or otherwise permit any other person to access the Websites using your information, login, or password.
13. Use the Websites, related content, or any component thereof, for any unintended commercial purpose, including advertising, offering for sale, or selling any item using the Websites;
14. Violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party Intellectual Property or other legal rights;
15. Reproduce, distribute, publicly display or perform, modify, make derivative works of, redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the Websites, Content, code or program, available to others, in whole or part;
16. Interfere with security features of the Websites, including without limitation, by: (i) disabling or circumventing features that prevent or limit use or copying of content, or which violate copyrighted or otherwise legally protected software; or (ii) reverse engineering or otherwise attempting to extract the source code of the Websites or any part thereof, except to the extent that such activity is expressly permitted by applicable law;
17. Perform any fraudulent activity using or in connection with the Websites, including impersonating any person or entity, claiming false affiliations, accessing the accounts or passwords of others without permission, or falsifying your age, date of birth, or contact information; or
18. Attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging in any of the activities described in this Section.

Content & Licenses

Content Definitions
There are various types of content involved in providing and operating the Websites. The term "Content" means all text, links, graphics, images, photos, music, software, audio, video, information, software, copyrights, trademarks, trade dress, and other materials and intellectual properties comprising or included within the Websites. "AAP Content" means Content that the AAP makes available to you through the Websites, including Content owned by the AAP or licensed to the AAP from a third party (excluding User Content). "User Content" means any Content posted or otherwise made available through the Websites by a User. "Collective Content" collectively refers to all of the Content available through the Websites, including AAP Content and User Content.

Content Ownership
All AAP Content is owned by the AAP or its third party licensing partners. Your use of the Websites does not grant you any rights to the use or control of any of the AAP Content, except those rights expressly granted by this Agreement. Any copying, republication, redistribution, or creation of derivative works based upon the AAP Content, including by caching, framing or any similar means, without the prior written consent of the AAP is strictly prohibited.

The Websites and AAP Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, the AAP and its licensors exclusively own all right, title and interest in and to the Websites and AAP Content, including all associated Intellectual Property rights. You may not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Websites or AAP Content. The AAP or its partners shall retain all worldwide rights in and to all Intellectual Property comprising or included within the AAP Content, including, but not limited to all trademarks, graphics, logos, designs, page headers, button icons, scripts, service names, software code, the "look and feel" of the Websites, and copyrighted works associated with the Websites is common law and/or registered copyrights, trademarks, and/or trade dress of the AAP.

You should assume that everything you read or see on the Websites is copyrighted or otherwise protected and owned by the AAP, or a third party who licensed the right to use such content to the AAP. Unless otherwise expressly noted, nothing that you read or see on the Websites or other Collective Content, or any of the source code or HTML code that the AAP uses to generate the Websites may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of the AAP or the appropriate Content owner without prior written consent, except as provided in these Terms or otherwise permitted by relevant law.

No Collective Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without the AAP's prior written permission, with the exception of your own User Content that you legally post on the Websites. Except for your own User Content, you may not upload or republish Collective Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Collective Content is strictly prohibited.

The AAP is not the publisher or speaker of User Content, or any other information on the Websites provided by third party content providers, and the AAP is not liable for any claims related to such information.

The AAP's License to You
Subject to your compliance with these Terms, the AAP grants you, to the extent it is able to do so, a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, download, print, and otherwise use the Websites and the Collective Content as intended.

You agree you will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Websites or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise except for the licenses and rights expressly granted in these Terms. Any use of the Websites or the Collective Content other than as specifically authorized herein, without the prior written permission of the AAP, is strictly prohibited and will immediately terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to Intellectual Property rights, whether by estoppel, implication or otherwise. This license is revocable by the AAP at any time without notice and with or without cause. 

Your License to the AAP
Certain features of the Websites may permit our Users to post User Content to be made available through the Websites. By making available User Content through the Websites, you grant to the AAP and its respective subsidiaries, affiliates, successors, assigns, licensees, resellers, sub-licensees, and other parties the AAP may designate an irrevocable, worldwide, perpetual, non-exclusive, transferable, sublicensable, royalty-free license, to make all uses of the User Content and derivative works from the User Content, in whole or in part, for any purpose whatsoever, in any and all media and distribution methods (now known or later developed), including on or within the Websites, or for advertising or marketing of the Websites, as well as a license to use your name and likeness in marketing materials and in the Websites to promote your use of the Websites. You agree and acknowledge that this license cannot be terminated and the waiver cannot be revoked without the express written consent of the AAP once you have submitted User content within the Websites.

Your grant of this license to the AAP to utilize your User Content and any derivative does not displace your ownership of the User Content, or any license or authority you may have from any third parties to utilize the Content you share as User Content. The AAP does not claim ownership rights in your User Content.

You acknowledge and agree that you are solely responsible for all User Content that you make available through the Websites. Accordingly, you represent and warrant that: (1) you either are the sole and exclusive owner of all User Content that you make available through the Websites, or that you have all rights, licenses, consents, and releases necessary to utilize and share the User Content, and to grant the AAP the rights in such User Content contemplated under these Terms; (2) neither the User Content, your posting, uploading, publication, submission, or transmittal of the User Content, or the AAP's use of the User Content (or any portion thereof) on, through, or by means of the Websites will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other Intellectual Property rights, or rights of publicity or privacy, or contractual rights or agreements, or result in the violation of any applicable law or regulation; and (3) any persons identified, depicted, or shown in your User Content, in whole or part, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the User Content on and through the Websites. We reserve the right (but assume no obligation) to remove or modify any User Content from the Websites at any time, for any reason. 

Copyright Policy
The AAP respects the Intellectual Property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable Intellectual Property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for Users of the Websites who are infringers. We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, the AAP will also terminate a User's account if the User is determined to be a repeat infringer. 

Notifying the AAP of Copyright Infringement
To provide the AAP with notice of an infringement, you must provide a written communication to the attention of "AAP: DMCA Notification Department" at dataprotection@aap.org that sets forth the information specified by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.  

We must receive the following information from you: 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other Intellectual Property interest;
2. A description of the copyrighted work or other Intellectual Property that you claim has been infringed;
3. A detailed description of where the material that you claim is infringing is located or found on the Websites;
4. Your address, telephone number, and email address;
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or Intellectual Property owner or authorized to act on the copyright or Intellectual Property owner's behalf.  

If we remove or disable access to content in response to an infringement notice, we may make reasonable attempts to contact the owner or administrator of the affected content.  If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of "AAP: DMCA Counter Notification Department" at dataprotection@aap.org that sets forth all of the necessary information required by the DMCA (which may be available at: http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is not infringing the copyrights of others.  If you are uncertain whether an activity constitutes infringement, we recommended seeking advice of an attorney.