By using the Website, you acknowledge that you have read and are legally bound by these Terms & Conditions. If you do not agree with the Terms & Conditions, please do not use the Website.
You should review these Terms & Conditions regularly as they may change. Your continued use of the Website following the posting of changes to the Terms & Conditions constitutes acceptance of those changes. Modifications will be posted on the Website and the “date of last revision” at the top of this page will be revised.
Compliance with Law
When using the Website, you will abide by all applicable international, federal, state, and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, domain name misrepresentations, and copyright and trademark infringement. Ignorance of the law is no excuse for legal non-compliance.
Disclaimer of Warranties
We provide the website content as a courtesy to be used only for informational purposes and we do not represent the content to be error-free. The Website, and all information, content, products, and services available on or through the website are provided to you on an “as is,” “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, data accuracy, and quiet enjoyment. The Foundation does not warrant that the Website or the server(s) that make the website available are free of viruses or other harmful components.
We do not represent or warrant that the content of the Website is accurate, complete or current for any specific or particular purpose or application. The Website is not intended to provide legal, accounting, tax, medical or other advice. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through the website for any special or particular purpose. You are responsible for verifying all of the content on the website before relying on it.
Limitation of Liability
In no event will the Foundation or any of its officers, management, trustees, key employees, agents or contractors (collectively, “representatives”) be liable for any damages—whether direct, indirect, special, general, or consequential, for any and all alleged lost profits or otherwise—that might result from any use of the Website, or use of or reliance on materials or links made available on or through the website.
Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, the Foundation’s liability will be limited to the fullest extent permitted by applicable law.
Copyright and Ownership
All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (collectively, “Content”), is owned by the Foundation, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the Website, including without limitation the Content, the general design of the Website and the software and other technology used in the Website, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. Any unauthorized use of the Website may violate copyright laws, laws of privacy and publicity, and other laws and regulations. The Foundation reserves the right to track the usage of Content.
You may not copy, reproduce, distribute, publish, enter into a database, perform, modify, create derivative works from, transmit or in any way exploit the Content, except as permitted under the last sentence of this paragraph and except that you may make one print copy of articles for personal, non-commercial use. In using Content, you may not (1) state or imply that the Foundation is endorsing you, your viewpoints, or any of the products or services that you or your organization may provide, (2) represent that you or your organization has a relationship with the Foundation or any of the events, products or services that the Foundation provides unless that relationship is the subject of a written agreement with the Foundation, or (3) remove or change any copyright, trademark, or other proprietary notices on the Content. We respect the right of others to make “fair use” of the materials contained on our site; accordingly, you may from time to time excerpt and use materials on this site consistent with the principles of “fair use.”
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act. If you believe that any Content infringes your intellectual property rights, please notify the Foundation’s design and editorial manager, Seimi Rurp: firstname.lastname@example.org.
Certain trademarks used in the Website (including, but not limited to, the Foundation name and logo) (collectively, the “Marks”) are trademarks or registered trademarks of the Foundation. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without the Foundation’s prior written consent. The use of the Marks on any other Website or network computer environment is not allowed.
Embeddable Player and Widgets
To the extent that the Foundation makes available to you through the Website (or otherwise) an embeddable player for viewing video and playing audio Content from the Website (the “Embeddable Player”) and/or “widgets” to obtain access to Content from the Website (“Widgets”), you agree as a condition to accessing and using such items that:
- You will not alter or modify any part of the Embeddable Player, the Widgets, or any of their related technologies.
- You will include a prominent link back to the Website on the pages containing the Embeddable Player and/or Widgets, and you may not modify, build upon, or block any portion of the Embeddable Player and/or Widgets in any way.
- You will not use the Embeddable Player and/or Widgets for any commercial use without the prior written authorization of the Foundation. Prohibited commercial uses include any of the following actions taken without the Foundation’s prior written approval:
- sale of access to the Website or its related services (such as the Embeddable Player and Widgets) on another website; and
- use of the Website or its related services (such as the Embeddable Player and Widgets), for the primary purpose of gaining advertising or subscription revenue.
Member Account, Password, and Security
Some of the Services may require that you create/receive a password and account designation before using the Services. You must maintain the confidentiality of any such password and account, and you are fully responsible for all activities that occur under your password or account. If you allow third parties to access the Services through your username and password, you will defend and indemnify the Foundation and its Representatives from and against any liability, costs, or damages arising out of claims or suits based upon or relating to such access and use. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security related to the Services of which you are aware.
Use of the Services
All users of the Services agree to act responsibly. We do not control the Content posted through the Services and, as such, do not guarantee the accuracy, integrity, quality, or availability of such Content.
We do not censor the Content being posted, and you should not assume that we review all Content being posted. Nonetheless, we reserve the right in our sole discretion to modify, to not post, or to remove after its posting, any Content which violates our guidelines. Such Content may be removed immediately and without prior notice, and further postings by the individual may be suspended, “taken down,” or blocked in our sole discretion. For Content that is covered by intellectual property rights, such as photos, documents, etc., you grant the Foundation a cost-free, perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, reproduce, modify, display, and distribute any Content that you post on or in connection with the Services.
We offer Services in order to encourage a healthy exchange of ideas. To achieve that objective, postings to those Services must be appropriate, respectful, and comply with the law. Therefore, postings to the Services are subject to the following guidelines:
- As a private foundation, we are prohibited from supporting attempts to influence the outcome of any election for public office or engaging in lobbying activity. Therefore, the following types of Content are prohibited:
- Content that expressly or impliedly endorses any candidate for public office;
- Content that encourages others to contact a government official or employee of a legislative body to propose, or express support for, or opposition to, any legislation (including specific legislative proposals that have not yet been introduced);
- Content that advocates the adoption or rejection of legislation; and
- hyperlinks to website pages that contain these types of Content or direct others to such materials.
- In order that we may encourage a healthy exchange of ideas, discourse must be respectful. Do not post Content that:
- Is posted anonymously;
- Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, sexually explicit, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- Falsely states or misrepresents your identity;
- Represents confidential business or personal information, or content that infringes upon any trademark, trade secret, copyright, or other party’s proprietary rights;
- Makes available unsolicited or unauthorized advertising, promotional materials, sweepstakes, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any similar form of solicitation;
- Contains viruses or other malicious code;
- Is fraudulent, false, inaccurate or misleading; or
- Violates any law, ordinance or regulation; promotes illegal activities; or is harmful to minors.
Access and Interference
By accessing the Website, you agree to abide by all security and safety measures established by the Foundation or its partners or service providers. 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. The Foundation reserves the right, for any reason, at its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Website at any time in connection with your individual use or for use by the public in general. The Foundation may also impose limits on certain features of the Website or restrict access to any part or all of the Website without notice or penalty in connection with your individual use or for use by the public in general.
You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper, or any other automated means to access, compile, read, or gather content from the Website automatically.
Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website; (c) intentionally or unintentionally bypass any measures we may use to prevent or restrict access to the Website; (d) attempt to decompile, decipher, or reverse-engineer any of the software used by the Foundation and its licensors as part of the Website; or € use the Website for any purpose that is in appropriate, unethical, unlawful, or prohibited by these Terms & Conditions.
Information that the Foundation publishes on the Website may contain references or cross-references to products, programs, or services that are not available in your location. Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties, including users or others, are those of the respective author(s) and do not necessarily state or reflect the views, findings, or opinions of the Foundation. Any description or reference to non-Foundation products, services, or individuals on the Website is for informational purposes only and shall not constitute an endorsement or a recommendation of such products, services, or individuals by the Foundation.
You agree to indemnify, defend, and hold harmless the Foundation and the Representatives from and against any and all losses, damages, liabilities, and costs of every nature potentially or actually incurred by any of them jointly or severally in connection with any claim, damage, or loss related to or arising out of: (i) your use of the Website, including any Content, (ii) any assistance or services provided by us or the Representatives to you, (iii) any alleged unauthorized use of the Website by you, or (iv) any breach or alleged breach by you of these Terms & Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you, and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend, and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state, or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state, or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms & Conditions.
In the event that you have a dispute with one or more other users of the Website, you release the Foundation and Representatives from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Third-Party Sites and Linking
Unless otherwise set forth in a written agreement between you and the Foundation, you must adhere to the Foundation’s linking policy as follows: (a) the appearance, position, and other attributes of the link may not be such as to damage or dilute the goodwill associated with the Foundation’s name or any Foundation trademark or service mark; (b) the appearance, position, and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Foundation; and (c) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking site.
Applicable Law and Jurisdiction
The Website is controlled and operated from the Foundation’s offices in the State of New York. By accessing the Website, you agree to be bound by the Terms & Conditions of this agreement which is governed by and construed in accordance with the laws of the State of New York, without giving effect to any conflict of laws principles. All activity occurring in connection with the Website (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of New York.
In connection with any suit, action, or proceeding arising from or relating to these Terms & Conditions, you consent to the jurisdiction of the federal and state courts within the State of New York.
Electronic Communications; Binding and Entire Agreement
If any of these Terms & Conditions is determined to be invalid, void, or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law, or deleted if amendment is not possible, and the remaining Terms & Conditions will be enforceable to the fullest extent permitted by law.
The Foundation’s failure to enforce these Terms & Conditions in every instance in which they might apply is not a waiver of any of the Foundation’s rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms & Conditions.
We reserve the right to terminate the Website and/or these Terms & Conditions at any time without notice for any reason, including, in the case of these Terms & Conditions, for your violation of any of its provisions. The Disclaimer of Warranties, Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms & Conditions shall survive any such termination.
Date of last revision: August 28, 2023