These Terms of Service (“TOS”) govern your use of the web site owned and operated by The International Foundation for Online Responsibility (“IFFOR” or “we”), referred to as “IFFOR Site”. This TOS incorporates the Privacy Policy. The Privacy Policy applies to Personal Information that IFFOR collects from and about you; it does not apply to information collected by third party sites that you may access via links from the IFFOR Site.
If you wish to use additional IFFOR products or services, we may require additional agreements or terms. For example, if you apply for a grant, we may enter into additional confidentiality terms with you to further protect the information you provide as part of that process.
Using the IFFOR Site
By using the IFFOR Site you agree to:
- Comply with applicable laws and regulations and not participate in, facilitate, or further illegal activities;
- Not post or submit content that is illegal, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or tortious;
- Respect the intellectual property rights of others by posting or submitting only content that you own, license, or otherwise have the right to post or submit;
- Immediately notify us if you learn of a security breach or other illegal activity on the IFFOR Site;
- Not use any automated process to access or use the IFFOR Site or any process, whether automated or manual, to capture data or content from any service for any reason; and
- Not use any service or any process to damage, disable, impair, or otherwise attack the IFFOR Site or the networks connected to the IFFOR Site.
In connection with your use of the IFFOR Site, we may send you service announcements, administrative messages and other information. You may opt out of some of those communications.
The IFFOR Site
The IFFOR Site is based in the United States; they are not designed or customized for any other country. The IFFOR Site may display, carry or distribute content that is not IFFOR’s; this content is the sole responsibility of the entity that makes it available. We may review content to determine whether it is illegal or violates our policies, and we may remove or refuse to display, carry or distribute content that we reasonably believe violates our policies or the law. But that does not necessarily mean that we review all of the content displayed, carried on or distributed by the IFFOR Site. You must be at least 18 years of age to access or use the IFFOR Site. You understand that by using the IFFOR Site you may be exposed to content that you might find offensive, indecent, or otherwise objectionable and in this respect, by accessing or using the IFFOR Site, you are proceeding at your own risk.
Posting or Submitting Content on the IFFOR Site
Some of our products and services allow you to post or submit content. You retain ownership of any intellectual property rights that you hold in that content. In short, what belongs to you stays yours.
By posting or submitting content to the IFFOR Site, you are agreeing that (a) you created and own the rights to the content or you have the owner’s express permission to post or submit the content; and (b) the content does not infringe any other person’s or entity’s rights (including the copyrights, trademarks, or privacy rights) or violate any applicable laws, this TOS, or any other posted policies. We may remove content for any reason. You are responsible for any content you post or submit to the IFFOR Site, including, without limitation, any Personal Information contained in your posts or submissions, and for any harm resulting from such posting or submission.
Except as otherwise provided in this TOS, you or the owner of any content that you post or submit to the IFFOR Site retain ownership of all rights, title, and interests in that content. However, by posting or submitting content to the IFFOR Site, you grant us and our assigns, agents, and licensees the irrevocable, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate this content in any medium and through any form of technology or distribution. We own all rights, title, and interests in any compilation, collective work or other derivative work created by us using or incorporating your content (but not your original content).
When you use features of the IFFOR Site that allows users to share, transform, readapt, modify, or combine user content with other content, you grant us and our users an irrevocable, non-exclusive, royalty free, perpetual, worldwide right and license to use, reproduce, modify, display, remix, perform, distribute, redistribute, adapt, promote, create derivative works, and syndicate your content in any medium and through any form of technology or distribution and to permit any derivative works to be licensed under these same license terms.
Other than the limited license stated here, IFFOR acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under this TOS in or to any content that you post or submit on or through the IFFOR Site, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that IFFOR has no obligation to do so on your behalf.
Using Our Content and Trademarks
Some content on the IFFOR Site may be created and supplied by us or by a vendor, and we or our vendor own all rights, title, and interests in that content and in any compilation, collective work or derivative work created by us using or incorporating this content. Using our products or services does not give you ownership of any intellectual property rights in our products or services, or the content you access. You may not use content from our products or services unless you obtain permission from the appropriate owner or are otherwise permitted by law.
The IFFOR Site and the content provided on the IFFOR Site are protected by copyright, trademark, patent, trade secret, international treaties, laws, and other proprietary rights, and also may have security components that protect digital information. You agree that you will not take any action to interfere with anyone’s rights in their content and you will not attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of content.
If you are given the opportunity to download content from the IFFOR Site, you may do so only to the extent authorized for that particular content. You may not use the content in a manner that exceeds the rights granted for your use of the content nor may you copy or distribute the content or create a derivative work unless you are authorized to do so.
ALL CONTENT IS POSTED “AS IS” AND YOUR USE OR RELIANCE ON ANY CONTENT IS AT YOUR OWN RISK. WE HAVE NO LIABILITY TO YOU FOR THE CONSEQUENCES OF USING OR RELYING ON ANY CONTENT.
You may not use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
Content Served or Linked to by the IFFOR Site
Your dealings with advertisers and third parties found on or through the IFFOR Site, including your participation in promotions, the purchase of goods or services, and any terms, conditions, warranties or representations associated with such activities, are solely between you and the third party. IFFOR does not make any representations or warranties with respect to any goods or web sites that may be obtained from such third parties, and you agree that IFFOR will have no liability for any loss or damage of any kind incurred as a result of any activities you undertake in connection with the use of or reliance on any content, goods, services, information or other materials available, or through such third parties, on the IFFOR Site. Searches using the IFFOR Site may produce search results and links to sites that some users find objectionable, inappropriate, or offensive. IFFOR reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all content from the IFFOR Site.
No Spam
You may not use or allow others to use the IFFOR Site to e-mail, instant message, voice mail, fax, chat, send spam (e-mail) and spim (instant messages), or send any other unsolicited bulk communication. You may not access the IFFOR Site to harvest or collect any information about our users for any purpose without our express written authorization.
Software License
We grant you a personal, non-exclusive, non-transferable, limited license to use our software to connect to and use the IFFOR Site. You may not copy, sell, reverse engineer, decompile or disassemble the software or otherwise attempt to derive the source code (except where expressly permitted by law) or the communications protocol for accessing the IFFOR Site. You may not modify, adapt or create derivative works from the software or remove proprietary notices in the software.
Exporting of Content or Software
Your use of the IFFOR Site must comply with all applicable import and export control laws and regulations of the United States and other countries and you must not transfer, by electronic transmission or otherwise, any content, data, or software subject to restrictions under such laws to a national destination, person, or entity or for an end-use prohibited under those laws without first obtaining and complying with government authorization. You must not upload any data or software to the IFFOR Site that cannot be exported without prior written government authorization and notification, including, but not limited to, certain types of encryption software. The assurances and commitments contained in this section shall survive termination of this TOS.
Disclaimer of Warranties and Limitations on Remedies and Liability
WE SUPPLY THE IFFOR SITE “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE.” WE DO NOT WARRANT OR GUARANTEE THAT ANY INFORMATION AVAILABLE USING THE IFFOR SITE IS ACCURATE OR RELIABLE OR YOUR USE OF THE IFFOR SITE WILL BE UNINTERRUPTED, SECURE, OR FREE FROM ERROR. WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS GIVE NO EXPRESS WARRANTIES OR GUARANTEES NOR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. IN ANY DISPUTE WITH US, YOUR ONLY REMEDY IS TO STOP USING YOUR ACCOUNT AND CANCEL ANY FEE-BASED FEATURE OF THE IFFOR SITE. IN NO EVENT WILL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-MONTH PERIOD.
WE, OUR SUPPLIERS, AND AUTHORIZED DISTRIBUTORS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE IFFOR SITE.
SOME STATES DO NOT ALLOW US TO LIMIT OUR LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OR EXCLUDE CERTAIN WARRANTIES. IN THOSE STATES, IFFOR’S LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW.
About these Terms
This TOS along with any supplemental terms or policies posted on the IFFOR Site constitute the whole legal agreement between you and IFFOR regarding your use of the IFFOR Site. We may change or improve any of our products or services, on the IFFOR Site. We may also modify this TOS from time to time. If you do not agree with the changes, simply stop using the product, service or the IFFOR Site. You may also elect to cancel any fee-based services on the IFFOR Site before the changes take effect. Your use of the IFFOR Site after the effective date of any changes means that you agree to the changes. To prevent violations and enforce this TOS and remediate any violations, IFFOR reserves the right to take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you.
Disputes With Us
In any dispute with us, your sole remedy is to stop using the IFFOR Site. This includes any dispute related to, or arising out of: (1) any term of this TOS or our enforcement or application of this TOS; (2) any policies posted on the IFFOR Site, or our enforcement or application of those policies; (3) the content available on the IFFOR Site or the Internet or any change in content provided by us; or (4) your ability to access or use the IFFOR Site.
You agree that any claim or cause of action arising out of your use of the IFFOR Site must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by IFFOR to enforce or exercise any provision of this TOS or related right shall not constitute a waiver of that right or provision. If a court of law finds that any provision of this TOS is invalid or unenforceable, the remaining provisions will continue to be valid and enforceable.
You agree that the laws of the District of Columbia govern this TOS and any claim or dispute that you may have against us, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. You further agree that any disputes or claims that you may have against us reside in and will be resolved by a court located in the District of Columbia and you agree and submit to the exercise of personal jurisdiction of such court for the purpose of litigating any such claim or action.
BY AGREEING TO THESE TERMS OF USE, YOU ARE: (1) WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST US BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE JURISDICTION OF THE DISTRICT OF COLUMBIA, AND VENUE IN COURTS IN THE DISTRICT OF COLUMBIA OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH US; AND (3) SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE DISTRICT OF COLUMBIA FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR CLAIMS.
General Legal Terms
We may assign this contract at any time without notice to you. You may not assign this contact to anyone else. Agreements, and terms presented electronically by IFFOR are legally enforceable as a signed writing. You consent to receive all communications regarding the IFFOR Site electronically from us. The delivery of any communication from us is effective when sent by us, regardless of when you receive or read the communication. We are not responsible for communications that do not reach you if you have not provided us with your current contact information.