Terms of Use

Effective Date: March 9,2021

These Terms of Use apply to the website at www.kavlifoundation.org (the “Site”) owned and operated by The Kavli Foundation (“The Foundation,” “we,” “our” or “us”). Use of this Site signifies your agreement to these “Terms of Use.”

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

The following Terms of Use apply to the Site. By accessing, browsing and/or using the Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use in their entirety, any modifications to the Terms of Use, which is incorporated by reference into these Terms of Use. In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Site. If you do not agree to these Terms of Use, you are not permitted to access, browse or use the Site.

Please return to the Site and review these Terms of Use from time to time, as they may be amended without notice to you. Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Site. Please note that your use of certain content and features of the Site may be subject to additional terms. By using such content and features, you also agree to be bound by such additional terms.

The Site is only intended to be accessed and used by individuals that are 18 years of age or older. If you are below the age of 18, then your parent or legal guardian must read and accept the terms and conditions of these Terms of Use on your behalf. If you become aware of anyone using the Site who is under the age of 13, please report this to communications@kavlifoundation.org. We may, in our sole discretion, refuse to offer the Site to any person or entity for any reason.

PROPRIETARY RIGHTS; USE OF CONTENT

The contents of the Site—including text, photos, images, design, logos, videos, music, art, publications and all other materials and information (“Content”) is the property of The Foundation, its licensors or its third-party providers, unless otherwise noted, and is protected, without limitation by U.S. and foreign copyright, trademark, and other intellectual property laws.

Notwithstanding the foregoing, the designs, art and videos on this site are licensed to you under a Creative Commons Attribution 4.0 United States License (“Creative Commons License”). As more fully described in here, this license permits you to copy, distribute, and display such content so long as you mention and link back to the Foundation and do not change the content or use it commercially. Photos, logos, images, music and publications on the Site are not licensed under the Creative Commons License; they may not be distributed, modified, reproduced, or used, in whole or in part, without the prior written consent of The Foundation or its third-party licensors.

All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Site are the property of The Foundation, its affiliates, licensors, and/or third-party service providers. Except for the Creative Commons License set for above, you may not make any use of any Content or Marks without the prior written consent of The Foundation and/or any applicable affiliates, licensors or third-party service provider. Except as except as permitted by the Creative Commons License set forth above, no Content from the Site may be copied, reproduced, republished, translated, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Content on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose may be a violation of copyright, trademark, trade secret rights and others' proprietary rights belonging to The Foundation and its affiliates, licensors and/or third party service providers.

YOUR CONDUCT

In using or accessing the Site you agree:

  • not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Sites;
  • not to use the Site for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
  • not to disrupt or interfere with any other user’s enjoyment of the Site;
  • not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Site or the content of any text) without The Foundation’s express written consent;
  • not to use meta tags or any other “hidden text” utilizing a Mark, videos or other materials without the Foundation’s express written consent;
  • not to use the Site for any commercial purpose not expressly approved by Foundation in writing, including without limitation, unsolicited advertising junk mail or spam;
  • not to monitor, scrape, index or otherwise copy any of the material on the Site by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;
  • not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Site, except as permitted by applicable laws;
  • not to “deeplink” to the Site without The Foundation’s express written consent; and
  • not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use. If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

LINKS AND THIRD PARTIES

Links on the Site to third party Sites that you encounter via the Site are solely provided as a convenience to you. If you use these links, you will leave the Site. You agree that the Foundation will not be responsible or liable for any dispute, loss or damage of any kind incurred as a result of any dealings between you and any such third parties. In addition, you acknowledge that the Foundation does not endorse, verify, or make any representations regarding any third-party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the Site, and you are solely responsible for your decision to submit personal information to any third party. Any personal information that you submit through such third-party site with be subject to the privacy policy and terms of use on that site.

CHANGES TO SITE

The Foundation may add, change, discontinue, remove or suspend any portion of the Site at any time, without notice.

TERMINATION

The Foundation reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Site, and to block or prevent future access to and use of the Site for any reason, including your breach of these Terms of Use or other conduct by you that the Foundation considers inappropriate. The Foundation reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. Except as otherwise expressly stated in the Terms of Use, you agree that The Foundation shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Site (or any portion thereof).

DISCLAIMER

The foundation makes no representation or warranty with respect to the site or content, all of which are provided on an "as is" and "as available" basis. The foundation hereby disclaims all warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the site, content and any linked site. The foundation does not warrant the functionality, information or links contained on the site or that content will meet your requirements, that the site or content are fit for any particular purpose, that the operation of the site or content will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. The foundation does not warrant or make any representation regarding the use or the results of the use of any content in terms of their correctness, accuracy, reliability, or otherwise. You (and not the foundation) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

LIMITATION OF LIABILITY

In no event and under no cause of action, including, without limitation, negligence, shall the foundation and its affiliated entities or any of their respective officers, directors, employees or authorized agents (collectively “the foundation parties”) be liable for any damages, claims or losses incurred (including, without limitation, compensatory, incidental, indirect, special, consequential or exemplary damages), however caused, and under any theory of liability arising in connection with: (a) the site, including, without limitation, any content; (b) your use or inability to use the site, including, without limitation, any content; (c) any third party site or service used in connection with or available through the site; (d) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received in connection with the site; or (e) errors, system down time, network or system outages, file corruption or service interruptions, even if a foundation party is advised of the possibility of such damages, claims or losses.

Notwithstanding anything to the contrary contained herein, the foundation’s cumulative liability to you arising from any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for access to the site. If no amounts were paid, your sole remedy under these terms of use shall be to discontinue any use of the site.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.

You hereby acknowledge that you understand that by accessing the site and agreeing to these terms of use, you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understood, and hereby expressly waive, the benefits of section 1542 of the civil code of california, and any similar law of any state or territory, which provides as follows: "a general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his settlement with the debtor."

INDEMNIFICATION

By using the Site, you agree to indemnify, defend and hold harmless The Foundation Parties from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Site, including, without limitation, any Content available on the Site and any activity of yours on the Site; (3) loss of any data or account information; and (4) any material uploaded by you or through your computer to the Site or otherwise sent by you to the Foundation. You will cooperate as fully and reasonably as required by The Foundation in the defense of any claim. The Foundation reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of the Foundation.

PERMISSION FOR WEB LINKING

If you link to the Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by The Foundation. Any such link must not damage, dilute or tarnish the goodwill associated with The Foundation and/or any Foundation intellectual property, nor may the link create the false appearance that your Site or organization is sponsored, endorsed by, affiliated or associated with The Foundation, and you may not “frame” the Site. You may not link to the Site from any Site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in The Foundation’s sole discretion. The Foundation reserves the right, in its sole discretion, to terminate any link from any Site.

FORCE MAJEURE

The Foundation will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Foundation’s reasonable control.

GOVERNING LAW

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of California within the United States of America without giving effect to any principles of conflicts of law. Any dispute arising from these Terms of Use or the Site shall be resolved in the state or federal courts residing in Los Angeles, California and you irrevocably agree to the jurisdiction of such courts. The Foundation makes no representation that Content contained on the Site is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country. Visitors who use the Site and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

You agree that any dispute arising out of or relating to your Terms of Use, including without shall be resolved solely by mandatory, confidential mediation, with each party paying their respective attorney’s fees.

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