Terms of Use
This is the official Terms of Use (“Terms of Use”) for casefoundation.org (the “Site”), an Internet Web site made available by the Stephen Case Foundation (“Foundation”, “we”, “us,” or “our”) to provide information, products, and/or services relating to the Foundation’s mission, approach, and initiatives, as well as to encourage discussion of important social issues. The contents of the Site include, without limitation, all information, content, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video material, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Material”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Material. These Terms of Use constitute a legally binding agreement between you and the Foundation regarding your use of and access to the Site.
Acceptance Procedure; Additional Terms and Conditions
By accessing and/or using the Site in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein, together with any additional terms and conditions that govern certain products and services made available to you via the Site (“Additional Terms and Conditions”) and that you accept and agree to comply with and be bound by the same. If you are under the age of 18, your parent or legal guardian must, on your behalf, accept and agree to comply with these Terms of Use as described in this paragraph. The Site’s Additional Terms and Conditions and the Privacy Policy are hereby incorporated in these Terms of Use by reference. To the extent that there is a conflict between these Terms of Use and any Additional Terms and Conditions for the activity in which you choose to participate, the Additional Terms and Conditions shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Site and, in the event of termination of any service or feature, you will still be bound by your obligations under these Terms of Use, the Privacy Policy, and any Additional Terms and Conditions.
Modifications
The Foundation reserves the right, at its sole discretion, to change these Terms of Use from time to time for any reason, and your access to the Site following our posting of such changes will be deemed to constitute your acceptance of and agreement to any such changed terms and conditions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
Privacy Policy
The foundation knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy, which is part of these Terms of Use.
Registration
We may require you to have a unique user name and password combination in order to access and use certain services, features, or functions of the Site, and we may also provide you with additional codes or passwords necessary to access and use certain features or functions of the Site. Please read our Privacy Policy, which describes the personally identifiable information we collect, use, disclose, manage, and store. As part of the registration process for such services, features, or functions, you will choose a user name and password (or we may assign an initial password which we will give you the option to change). Your user name and password are personal to you and you may not allow any others to use your user name or password under any circumstances. We are not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name or password. You agree to immediately notify us if you become aware of or believe there is or may have been any unauthorized use of (or activity using) your user name or password or any other need to deactivate your user name or password due to security concerns.
The Rules of Conduct
Your use of the Site is subject to all applicable local, state, and national laws and regulations. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:
• be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, or discriminatory;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• transmit, distribute, or upload content materials or programs that contain any viruses, Trojan horses, worms, time bombs, cancel bots, or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information;
• forge any TCP/IP packet header or part of the header information in any e-mail or posting for any reason;
• modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
• advocate or encourage any illegal activity;
• infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights, or other intellectual property or proprietary rights of any third party;
• violate the privacy of individuals, including other users of the Site; or
• violate any applicable local, state, or national laws or regulations (anywhere in the world).
Ownership of Intellectual Property Rights
The Material including, without limitation, the selection, sequence, and “look and feel” and arrangement of the same together with all trademarks, service marks, and trade names displayed, distributed, or otherwise made available via the Site, are the exclusive property of the Foundation and/or its affiliates, and any of their respective successors, assigns, licensors, and/or suppliers. You may use the Material solely for your noncommercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purposes. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print, or reproduce from the Site. You shall not, nor will you allow any third party to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party, or otherwise use, any Material without the express prior written consent of the Foundation or its owner if the Foundation is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. No information or statement contained in these Terms of Use or the Web site shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of the Foundation, its affiliates, or any third party.
User Submitted Content
Portions of the Site may provide you and other users with the opportunity to participate in forum services, blogs, messaging, and other interactive features and submit content, media, and materials for posting on the Site (collectively, “User Submitted Content”). To be considered for posting and display to the public, User Submitted Content must meet all the specifications and requirements relating to formatting, compatibility, operating characteristics, and submission, which can also be found on the Site’s Web page for the upload of User Submitted Content.
You are solely responsible and liable for all User Submitted Content uploaded under your name, user name, e-mail address, password, and your registration and profile information, if any. User Submitted Content does not reflect the views of the Foundation or its affiliates, and neither the Foundation nor its affiliates represent or guarantee the truthfulness, accuracy, or reliability of any User Submitted Content, nor endorse or support any opinions expressed in any User Submitted Content. If we determine, in our sole discretion, that you or any User Submitted Content you upload violates these Terms of Use, we reserve the right, at any time, without notice, to refuse to allow you to submit further User Submitted Content, remove and delete your User Submitted Content, revoke your registration and right to use the Site, and use any technological, legal, operational, or other means available to enforce these Terms of Use.
Upon your submission of any User Submitted Content for posting and distribution via the Site, you hereby automatically grant to the Foundation and its affiliates the unqualified, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and royalty free right, license, authorization, and permission, in any form or format, on or through any media or medium and with any technology or devices now known or hereafter developed, in whole or in part, to host, cache, store, maintain, use, reproduce, distribute, display, exhibit, perform, publish, broadcast, transmit, modify, prepare derivative works of, adapt, reformat, translate, and otherwise exploit all or any portion of such User Submitted Content on the Site and any other Foundation owned or controlled programming services and distribution platforms, for any purpose whatsoever, without accounting, notification, credit, compensation, consideration, or other obligation to you.
You must own the rights to the User Submitted Content you submit and the right to grant all of the authorizations, permissions, approvals, consents, rights, and licenses as described herein. If you do not exclusively own all of these rights, you must have all necessary authorizations, permissions, approvals, consents, rights, and licenses from the owner(s) to enter into these Terms of Use and perform and comply with all of its obligations.
Terms for Promotions
From time to time, we may conduct a promotion through the Site or through social media platforms (like Facebook or Twitter) or otherwise. To the extent the promotion does not refer to its own rules, these terms will apply. All other applicable provisions of these Terms of Use, including without limitation the “Rules of Conduct” and “User Submitted Content,” also apply to promotions. By participating in the promotion, you agree to be bound by these terms and by our decisions, as sponsor of the promotion, regarding these terms, which are final in all matters relating to the promotion.
• Conditions and Disclosures. No purchase or payment of any kind is necessary to enter or win a promotion. Not every entry will win. Void wherever restricted or prohibited by law. Your chance to win depends upon the total number of participants. Our promotions are open to legal residents of the United States ages 14 years and older at time of entry (minors must obtain the permission of their parents or legal guardians to participate). Our and our affiliates’ directors, officers, and employees, and the members of the immediate families of each, are not eligible to participate.
• Disclaimers and Waiver. We assume no responsibility for incomplete, incorrect, or inaccurate information about or connected to a submission, registration, or entry to a promotion. If, for any reason, a promotion is not capable of running as planned, we reserve the right, in our sole discretion, to cancel, terminate, modify, delay, or suspend the promotion.
• Promotion Winners. We will make reasonable efforts to notify promotion winners within a reasonable period after the end of the promotion. If we are unable to contact a winner after those reasonable efforts, we may select an alternate winner.
• Requests for Rules or List of Winners. For the names of the winners of any promotion, send a self-addressed, stamped envelope to: The Stephen Case Foundation, 1717 Rhode Island Avenue, NW 7th Floor, Washington, D.C. 20036.
Copyright Compliance Policy
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
If you are a copyright owner (or the owner’s authorized agent) and have a good-faith belief that material on the Site infringes one of your copyrights, you may notify our designated agent: Jessica Zetzman, The Stephen Case Foundation, 1717 Rhode Island Avenue, NW 7th Floor, Washington, DC 20036; Telephone: (202) 467-5788. When we receive a notice that complies with applicable legal requirements, we will expeditiously remove or disable access to the material that is claimed to be infringing.
We have a policy of terminating the accounts of “repeat infringers.” A repeat infringer includes any user who has made two or more submissions for which we receive a notice of infringement under this Copyright Compliance Policy.
Limitation of Liability
You expressly understand and agree that neither the Foundation nor any of its affiliates (including parent or subsidiary companies), will be liable to you for any loss or damages, either actual or consequential, arising out of or relating to these Terms, or to your (or any third party’s) use or inability to use this Site, or to your reliance upon any information or material. In particular, the Foundation and its affiliated entities will have no liability for any consequential, indirect, punitive, special, or incidental damages, whether foreseeable or unforeseeable, arising out of or relating to these Terms, your use or inability to use this Site, or to your reliance upon any information or material, whether based in verbal agreement, contract, tort, statutory, or other law, except only in the case of death or personal injury where, and only to the extent, that applicable law requires such liability. The remedies provided for under these Terms are exclusive and are limited to those expressly provided for in these Terms.
General Disclaimer
The information and material provided on, from, or through the Foundation, its services, and the Site is provided “as-is” and “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement). The Site and related information, material, and services may contain bugs, errors, problems, or other limitations. The Foundation and our affiliated parties have no liability whatsoever for your use of the Site, information, material, and/or services. The Foundation makes no warranty or representation that availability or use of the Site, information, material, and/or services will be uninterrupted or error-free.
Third-Party Information
Any articles, press clippings, or other third-party publications (collectively, “Publications”) made available through the Web site are furnished by the Foundation for your convenience and information. The Foundation is a distributor (and not a publisher) of content supplied by third parties (including users). Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Web site, are those of the respective author(s) or publisher(s) and not of the Foundation or its affiliates.
Links to Sponsors and Other Third-party Sites
Certain links on the Web site will let you leave the Web site. These linked sites — for example, those of our partners and news sources — are not under the control of the Foundation, and the Foundation is not responsible for the contents of any linked site or any link contained in a linked site. These links are provided for your convenience, and the inclusion of any link does not imply a recommendation or endorsement by the Foundation of any such linked site or the products therein.
Termination
We may terminate your use of the Site and/or access to any information, content, features, functionality, or services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
Indemnification
You agree to indemnify, defend, and hold harmless the Foundation and its affiliates or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, advertisers, suppliers, and operational service providers from any liability, loss, claim, and expense (including attorneys’ reasonable fees) related to (1) your violation of these Terms of Use, and (2) your use of this Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
Miscellaneous
These Terms of Use, together with any Additional Terms and Conditions and our Privacy Policy constitute the sole agreement between you and the Foundation and its affiliated entities relating to your use and our provision of the Site and the subject matter hereof. If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. The laws of the Commonwealth of Virginia govern these terms in all respects, without giving effect to conflicts of laws principles. Any cause of action brought by you against the Foundation or its affiliated entities must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
Make It Your Own Awards™ is a trademark owned by the Stephen Case Foundation.