This Web Site Agreement (the "Agreement") is between you and the Seeds Of Tolerance ("Foundation") with a principal place of busi-ness at 340 West 12th Street, New York, NY 10014. Use of the Foundation Web site (the "Foundation Web Site") signifies your agreement to the terms and conditions of use set forth below in the Agreement:
(1) You acknowledge that you have read the terms and conditions of
use and that you accept the terms thereof. YOU AGREE TO READ THESE
TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS FOUNDATION
WEB SITE. If you do not agree to these terms and conditions of use,
you may not access or otherwise use this Foundation Web Site.
(2) The Campaign may monitor your use of this Web Site, and may
freely use and disclose any information and materials received from
you or collected through your use of the Foundation Web Site for any
lawful reason or purpose.
(3) The Campaign reserves the right, at its sole discretion, to
change, modify, add or re-move any portion of this Agreement, in whole
or in part, at any time. Notification of changes in the Agreement
will be posted on the Founda-tion Web Site.
(4) The Campaign Web Site is protected by copyright as a collective
work and/or compila-tion, pursuant to U.S. copyright laws, international
conventions, and other copyright laws. The contents of the Foundation
Web Site are only for your personal, non-commercial use. All materials
contained on the Foundation Web Site are protected by copyright, and
are owned or controlled by Foundation or the party cred-ited as the
provider of the Content. You will abide by any and all additional
copyright no-tices, information, or restrictions contained in any
Content on the Foundation Web Site. You may download and copies of
the Content and other downloadable items displayed on this Foundation
Web Site for personal, noncommercial use only, provided that you maintain
all copy-right and other notices contained in such Content. Copying
or storing of any Content for other than personal, noncommercial use
is ex-pressly prohibited without the prior written permission from
Foundation or the copyright holder identified in the individual Contents
copyright notice.
(5) The Campaign may change, suspend or dis-continue any aspect
of the Foundation Web Site at any time, including the availability
of any Foundation Web Site feature, database, or Con-tent. The Campaign
may also impose limits on certain features and services or restrict
your access to parts or all of the Foundation Web Site without notice
or liability.
(6) You represent, warrant and covenant that: (a) you shall not upload,
post or transmit to or distribute or otherwise publish through the
Foundation Web Site any materials which (i) re-strict or inhibit any
other user from using and enjoying the Foundation Web Site, (ii) are
unlawful, threatening, abusive, libelous, de-famatory, obscene, vulgar,
offensive, pornographic, profane, sexually explicit or in-decent,
(iii) constitute or encourage conduct that would constitute a criminal
offense, give rise to civil liability or otherwise violate law, (iv)
violate, plagiarize or infringe the fights of third parties including,
without limitation, copyright, trademark, patent, rights of privacy
or publicity or any other proprietary right, (v) contain a virus or
other harmful component, (vi) contain any informa-tion, software or
other material of a commercial nature, (vii) contain advertising of
any kind, or (viii) constitute or contain false or misleading indications
of origin or state-ments of fact; and (b) that you are at least eighteen
(18) years old.
(7) You hereby agree to indemnify, defend and hold the Foundation,
and all its officers, di-rectors, owners, agents, employees, information
providers, affiliates, licensors and licensees (collectively, the
"Indemnified Parties") harm-less from and against any and
all liability and costs incurred by the Indemnified Parties in connection
with any claim arising out of any breach by you of the Agreement or
the foregoing representations, warranties and covenants, in-cluding,
without limitation, attorneys fees and costs. You shall cooperate
as fully as reasona-bly required in the defense of any claim. The
Foundation reserves the right, at its own ex-pense, to assume the
exclusive defense and control of any matter otherwise subject to in-demnification
by you and you shall not in any event settle any matter without the
written consent of the Foundation.
(8) The Campaign Web Site contains links and pointers to the other
related World Wide Web Internet sites, resources, and sponsors of
the Foundation Web Site. Links to and from Founda-tion Web Site to
other third party sites, maintained by third parties, do not constitute
an endorsement by the Foundation or any of its subsidiaries or affiliates
of any third party resources, or their contents.
(9) The Campaign does not represent or en-dorse the accuracy or
reliability of any advice, opinion, statement, or other informa-tion
displayed or distributed through the Foun-dation Web Site. You acknowledge
that any reliance upon any such opinion, advice, state-ment, memorandum,
or information shall be at your sole risk. The Campaign reserves
the right, in its sole discretion, to correct any errors or omissions
in any portion of the Foun-dation Web Site.
(10) The Campaign does not and cannot review all materials posted
to the Foundation Web Site by users, and Foundation is not responsible
for any such materials posted by users. However, the Foundation reserves
the right at all times to disclose any information as necessary to
satisfy any law, regulation or government re-quest, or to edit, refuse
to post or to remove any information or materials, in whole or in
part, that in the Foundation's sole discretion are objectionable or
in violation of this Agreement.
(11) THE FOUNDATION WEB SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE
FOUNDATION WEB SITE, IS PROVIDED "AS IS." TO THE FULLEST
EXTENT PERMISSIBLE BY LAW, FOUNDATION AND ITS SUBSIDIARIES AND AFFILIATES
MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT ON THE FOUNDATION WEB SITE OR THE MATERIALS, INFORMATION AND
FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH
THE FOUNDATION WEB SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT
LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE FOUNDATION WEB
SITE OR ANY LINKED SITE. FURTHER, FOUNDATION AND ITS SUBSIDIARIES
AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE. THE FOUNDATION DOES NOT WARRANT THAT THE FUNCTIONS
CONTAINED IN THE FOUNDATION WEB SITE OR ANY MATERIALS OR CONTENT CONTAINED
THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THE FOUNDATION WEB SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION
AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE FOR THE USE
OF THE FOUNDATION WEB SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT
AND ANY ERRORS CONTAINED THEREIN.
(12) By posting messages, uploading files, in-putting data or engaging
in any other form of communication (individually or collectively "Communications")
to the Foundation Web Site, you hereby grant to the Foundation a perpetual,
worldwide, irrevocable, unrestricted, non-exclusive, royalty free
license to use, copy, license, sublicense, adapt, distribute, dis-play,
publicly perform, reproduce, transmit, modify, edit and otherwise
exploit such Commu-nications, in all media now known or hereafter
developed. You hereby waive all rights to any claim against the Foundation
for any alleged or actual infringements of any proprietary rights,
rights of privacy and publicity, moral rights, and rights of attribution
in connection with such Communications.
(13) You acknowledge that transmission to and from this Foundation
Web Site are not confiden-tial and your Communications may be read
or intercepted by others. You acknowledge that by submitting Communications
to Foundation, no confidential, fiduciary, contractually implied or
other relationship is created between you and the Foundation other
than pursuant to this Agreement.
(14) THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CONFLICTS
OF LAWS PROVISIONS. SOLE AND EXCLUSIVE JURISDICTION FOR ANY ACTION
OR PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL BE
AN APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW
YORK.
(15) This Agreement constitutes the entire agreement between the Foundation and you with respect to your use of the Foundation Web Site. Any cause of action you may have with respect to your use of the Foundation Web Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any pro-vision of the Agreement, or portion thereof, to be unenforceable, that provision shall be en-forced to the maximum extent permissible so as to effect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect. The Campaign disclaims any and all responsibility for content con-tained in any third party materials provided through links from the Foundation Interact site.
.