The following Terms and Conditions govern the use of this Lycan Foundation (“the Foundation” or “LF”) Site and any other site owned or operated by LF that links to these Terms and Conditions (“the Foundations’ website” or “this Site”). By visiting this Site, you specifically and automatically agree to abide by these Terms and Conditions. The Open Society Foundations reserve the right to modify these Terms and Conditions at any time. You agree that neither the Foundations nor any affiliate of the Foundations (collectively, “Affiliated Entities”) shall be liable to you or to any third party for any modification, suspension or discontinuance of this Site, in whole or in part, or of any service, content, feature, or product offered through this Site. Your continued use of the Site after such changes, including but not limited to any changes to these Terms and Conditions, will indicate your acceptance of such changes.
Use of Materials on this Site
In keeping with the Lycan Foundations’ goals and mission, virtually all of the materials posted on this Site, except for (a) images, and (b) materials that contain a copyright notice for a third party other than the Foundations or the Open Society Institute, are licensed to the public through the Creative Commons Attribution-Non-commercial-No Derivatives license. This license allows users to download those materials from this Site (that are not specifically restricted) and to share them as long as (a) the particular article, section, audio, or video clip is reproduced in its entirety in its original form and is not edited or modified in any way; (b) all copies include attribution to the original author (if noted) and the LF and contain a link back to www.lycanfoundation.org as the original source of the work; and (c) the copies are distributed only for noncommercial purposes and are distributed at no charge.
Jurisdiction
The Site is controlled and operated by the Lycan Foundation from the United States, and is not intended to subject the Foundation to the laws or jurisdiction of any state, country, or territory other than that of the United States. LF does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time and in our sole discretion.
Rules of Conduct
While using the Site you will comply with all applicable laws, rules, and regulations, and with our Community Guidelines, located at http://lycanfoundation.org/gift-guidelines/. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your compliance with the following rules of conduct.
You will not post, transmit, or otherwise make available, through or in connection with the Site:
- anything that is or may be (a) threatening, harassing, degrading, hateful, or intimidating; (b) defamatory; (c) fraudulent or tortious; (d) obscene, indecent, pornographic, or otherwise objectionable; or (e) protected by copyright, trademark, trade secret, right of publicity, or any other proprietary right without the express prior consent of the owner of such right;
- any material that would give rise to criminal or civil liability; that encourages conduct that constitutes a criminal offense; or that encourages or provides instructional information about illegal activities or activities such as “hacking,” “cracking,” or “phreaking”;
- any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file, or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment;
- any unsolicited or unauthorized advertising, promotional material, “junk mail,” “spam,” “chain letter,” “pyramid scheme,” or investment opportunity, or any other form of solicitation;
- use the Site for any fraudulent or unlawful purpose;
- use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity;
- use the Site to harvest or collect personally identifiable information about other users of the Site;
- impersonate any person or entity, including without limitation any representative of LF or an Affiliated Entity; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
- interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available; or violate any requirements, procedures, policies, or regulations of such networks;
- restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site;
- use the Site to advertise or offer to sell or buy any goods or services without the Foundations’ express prior written consent;
- reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes, any portion of, use of, or access to the Site;
- modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
- remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site;
- frame or mirror any part of the Site without LF’s express prior written consent;
- create a database by systematically downloading and storing Site content;
- use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or in any way gather Site content or reproduce or circumvent the navigational structure or presentation of the Site without LF’s express prior written consent; or
- post, email, or otherwise make available via the Site any of the following: “lobbying” or “partisan political activities” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.
Termination
This Agreement is effective until terminated. LF, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if LF believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that LF may immediately deactivate or delete your password and user-name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that LF and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Governing Law; Venue
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the County of Newberry in the State of Michigan, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
Miscellaneous
This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and LF or any Affiliated Entities. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. LF may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This, together with all policies referred to herein, is the entire Agreement between you and LF relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and LF relating to such subject matter. Notices to you may be made via posting to the Site, by email, or by regular mail, in LF’s discretion. The Site may also provide notices of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. Without limitation, you agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. LF will not be responsible for failures to fulfill any obligations due to causes beyond its control.