Terms and Conditions
Effective as of March 1, 2010
Links To Other Sites. Mindinthemaking.org may contain links to other independent third-party websites (“Linked Sites”). Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under FWI’s control, and FWI is not responsible for and does not necessarily endorse the content or practices of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with Linked Sites.
2. DESCRIPTION OF SERVICE
3. CONDITIONS OF USE AND USER CONDUCT
As a condition of use, you agree to the following:
• You acknowledge that it is for personal use only. You agree that you will not use Mindinthemaking.org for any commercial purpose.
• You must not use Mindinthemaking.org to harass, threaten, impersonate, or intimidate anyone.
• You must not upload, post, email, transmit, or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
• You must not upload, post, email, transmit, or otherwise make available any content that is in violation of copyright or trademark law – or any other law protecting intellectual property in any jurisdiction – or that violates an individual’s publicity or privacy rights.
• You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation.
• You must not transmit any worms or viruses or any code of a destructive nature.
• You must not violate any local laws in your jurisdiction (including but not limited to intellectual property laws).
• You must not use Mindinthemaking.org for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content.
4. USER GENERATED CONTENT
Mindinthemaking.org allows you to upload, transmit, publish, disseminate, and/or otherwise make available text and multimedia content (“User Content”) for the purposes of sharing such content through Mindinthemaking.org (and through third-party sites such as Facebook and Blogger).
When you make copyrightable User Content available on or through Mindinthemaking.org, you retain ownership of any copyright you claim to your User Content. You also represent and warrant that – with respect to all User Content that you upload, transmit, publish, disseminate, and/or otherwise make available through Mindinthemaking.org – (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly (including by means of digital audio transmission), distribute, and/or otherwise exploit such User Content in connection with Mindinthemaking.org (and to grant to FWI the licenses set forth in this Agreement), and (b) the User Content will not infringe or otherwise violate the rights of any third party including, but not limited to, the copyright, trademark, privacy, and/or publicity rights of any third party.
By submitting User Content as set forth above, you hereby do and shall grant to FWI (and its successors, assigns, partners, affiliates, and third party service providers) a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works from, distribute, publicly display, publicly perform (including by means of digital audio transmission), and otherwise exploit your User Content on and in connection with Mindinthemaking.org and for any purpose and in any medium, by any means currently existing or yet to be devised. You also hereby do and shall grant to each user of Mindinthemaking.org a non-exclusive license to access and view your User Content through Mindinthemaking.org, and to use, reproduce, modify or create derivative works based thereon, distribute, publicly display, and publicly perform (including by means of digital audio transmission) such User Content as permitted through the functionality of Mindinthemaking.org.
5. COPYRIGHT POLICY REGARDING THIRD PARTIES
If you believe that FWI, or any user of Mindinthemaking.org, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act (“DMCA”) at email@example.com.
6. OUR INTELLECTUAL PROPERTY
Unless otherwise noted, all text, videos, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, “Mindinthemaking Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel,” and arrangement of such Mindinthemaking Content, contained on Mindinthemaking.org is owned, controlled, or licensed by or to FWI, and is protected by trade dress, copyright, and trademark laws, and various other intellectual property rights.
Except as expressly provided in this Agreement or otherwise permitted by law, no Mindinthemaking Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed (including by means of a digital audio transmission), encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without FWI’s express prior written consent.
7. VIOLATION OF THIS AGREEMENT - TERMINATION
You agree that FWI may, in its sole discretion and without prior notice, terminate your access to Mindinthemaking.org and/or block your future access to Mindinthemaking.org if we determine that you have violated this Agreement or other agreements or guidelines which may be associated with your use of Mindinthemaking.org. Please note that, in accordance with the DMCA, it is FWI’s policy to block access to Mindinthemaking.org by users who violate the copyrights of third parties.
If FWI does take any legal action against you as a result of your violation of this Agreement, FWI will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action – in addition to any other relief granted to FWI. You agree that FWI will not be liable to you or to any third party for termination of your access to Mindinthemaking.org as a result of any violation of this Agreement or other agreements or guidelines which may be associated with your use of Mindinthemaking.org.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF MINDINTHEMAKING.ORG IS AT YOUR SOLE RISK. MINDINTHEMAKING.ORG IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FWI AND ITS DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (IF ANY) (THE “FWI AFFILIATES”) EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. FWI AND THE FWI AFFILIATES MAKE NO WARRANTY THAT (a) MINDINTHEMAKING.ORG WILL MEET YOUR REQUIREMENTS; (b) MINDINTHEMAKING.ORG WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d) ANY PRODUCTS, SITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH MINDINTHEMAKING.ORG WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF MINDINTHEMAKING.ORG WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF MINDINTHEMAKING.ORG IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE DOWNLOAD OF SUCH MATERIAL. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FWI OR THROUGH MINDINTHEMAKING.ORG SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FWI AND THE FWI AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICE; OR ANY OTHER TANGIBLE OR INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a) ANY CHANGES THAT FWI MAY MAKE TO MINDINTHEMAKING.ORG; (b) ANY PERMANENT OR TEMPORARY CESSATION OF MINDINTHEMAKING.ORG; OR (c) THE DELETION OR CORRUPTION OF OR FAILURE TO STORE ANY CONTENT OR OTHER PROPERTY MAINTAINED THROUGH MINDINTHEMAKING.ORG. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY, EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT FWI AND THE FWI AFFILIATES SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE FWI AFFILIATES’ LIABILITY WILL BE LIMITED ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You will indemnify and hold FWI and/or the FWI Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees) incurred by FWI and/or the FWI Affiliates in connection with any claim arising out of your breach of the Agreement. FWI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. GENERAL TERMS
Entire Agreement. This Agreement is the whole legal agreement between you and FWI. It governs your use of Mindinthemaking.org and completely replaces any prior agreements between you and FWI with respect to Mindinthemaking.org.
Governing Law. You agree that all matters relating to your access to or use of Mindinthemaking.org, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the State and Federal courts in New York, NY, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between FWI and you arising out of or in connection with your use of Mindinthemaking.org, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Statute Of Limitations. You agree that regardless of any statue or law to the contrary, any claim under this Agreement must be brought within one (1) year after the cause of action arises, or such claim or cause of action is forever barred.
Severability of Terms; Non-waiver of Terms; Assignment. If any portion of the Agreement is held to be invalid or unenforceable, such provision shall be stricken and the remainder of the Agreement enforced as written. If FWI does not exercise or enforce any legal right or remedy including those contained in the Agreement or arising under applicable law, this will not be taken to be a formal waiver of our rights. FWI may assign or delegate all rights and obligations under the Agreement, fully or partially.
Third Party Beneficiaries. Each FWI Affiliate is an intended third party beneficiary to this Agreement and shall be entitled to directly enforce and rely upon any provision of the Agreement that confers a benefit on them. Other than this, no other person shall be a third party beneficiary to the Agreement.
Effective as of March 1, 2010
1. AGREEMENT AND PARTIES
4. POLICY APPLICABLE TO ONLINE ACTIVITIES ONLY
5. INFORMATION WE MAY COLLECT
5.1 Personal Information
When you choose to make use of some features of Mindinthemaking.org, you will be asked to provide information – such as your name, address, city, state, etc. – that could be used by a third-party to identify you. FWI reserves the right to share any such information that you provide in any manner, by any means, and for any purpose consistent with our mission and message.
5.2 General Information
Types Of Information Collected. There may be other instances in which we collect information from you that is more general in nature (“general information”). Such information may include information recorded by our server logs from your browser, such as your Internet Protocol (IP) address (which enables us to identify your computer or device on a Transmission Control Protocol/Internet Protocol (TCP/IP) network like the internet) and the specific webpage you requested. In addition, we may receive an automatic confirmation when you open an email from Mindinthemaking.org if your computer supports this type of program. Such general information, including the click stream data and cookies, as mentioned below, may be collected from you whenever you access or use Mindinthemaking.org, whether or not you provide us with any other personal information.
Click Stream Data. When you use Mindinthemaking.org we may collect “click stream data” (server address, domain name, etc.). This information can enable us to analyze and better customize your visits. We may use click stream data for traffic analysis or e-commerce analysis of our service, to determine which features within Mindinthemaking.org are most or least effective or useful to you.
Cookies. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity throughout Mindinthemaking.org and that information helps us to understand your preferences and improve your experience. Mindinthemaking.org cookies do not collect personal information from you, and we do not combine the general information collected through cookies with other personal information you may provide to personally identify you. You can turn off all cookies, if you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. Please refer to documentation provider with your web browser (e.g., Firefox, Safari, Google Chrome, or Internet Explorer) for information on enabling these options. There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the website you visit and you may lose access to some of its features.
6. USE AND SHARING OF INFORMATION.
6.1. To Provide Mindinthemaking.org To You
We will use the personal information you provide and any general information we receive from you to provide Mindinthemaking.org to you, which include the following:
A. To assist those who help us in designing and operating Mindinthemaking.org or helping us analyze collected data.
B. To send you information or materials via email about Mindinthemaking.org and other news we think might interest you. (If you no longer wish to receive any emails from us, please see “OPTING OUT OF EMAIL” below.)
D. To analyze visits to the Mindinthemaking.org website and learn about the interests of our visitors in the aggregate and also on a personal level to better understand your interests and needs, so we can improve Mindinthemaking.org and deliver to you the type of content, features, and promotions that you are most interested in.
6.2 Business Transfers
In some cases, we may choose to transfer assets consistent with our not-for-profit obligations. In these types of transactions, users information is typically one of the assets that is transferred. Moreover, if FWI or substantially all of its assets were acquired, user information would likely be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of FWI may continue to use your personal information as set forth in this policy.
6.3 Protection of FWI and Others
6.4 Retention of Your Information
We will only retain your information to the extent: (a) it is needed for the purposes which we have conveyed to you; (b) we are required by law to maintain such information; or (c) it is needed for us to address any issues or inquiries that you may have. When your information is no longer required, we will dispose of such information by destroying it or erasing it.
7. PROTECTION OF YOUR INFORMATION
7.1. Security Measures
In order to protect both the personal information and the general information that we receive from you through your use of Mindinthemaking.org, we have implemented various security measures. We also follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it.
7.2. Risk Of Interception
Please keep in mind, however, that whenever you give out personal information online there is a risk that third parties may intercept and use that information. While FWI strives to protect your personal information and privacy, we cannot guarantee the security of any information you disclose online. By using Mindinthemaking.org, you expressly acknowledge and agree that we do not guarantee the security of any data provided to or received by us through your use of Mindinthemaking.org and that any personal information, general information, or other data or information received from you through your use of Mindinthemaking.org is provided to us at your own risk, which you expressly assume.
8. NO USE OF THIS SERVICE BY MINORS PERMITTED
8.1. Registration Declined For Minors
8.2. Notice Concerning Children
PLEASE NOTE: Mindinthemaking.org is a general audience service, and we do not direct any of our content specifically at children under 13 years of age. We understand and are committed to respecting the sensitive nature of children’s privacy online. If we learn or have reason to suspect that a user of Mindinthemaking.org is under age 13, we will promptly delete any personal information we may have regarding that user. If you have such information, please contact us at firstname.lastname@example.org.
9. LINKS TO THIRD PARTIES
10. OPTING OUT OF EMAIL
If at any time you would like to unsubscribe from our email list, you may do so by sending an email to email@example.com. Please note that although you may opt out of receiving emails, FWI reserves the right to communicate with you via email regarding specific campaigns you may have requested information regarding or inquired about.
11. QUESTIONS OR COMMENTS
Families and Work Institute
267 Fifth Avenue
New York, NY 10016.
We will make every effort to resolve your concerns.