TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS AND CONDITIONS. SAFE/Saving Antiquities for Everyone, Inc. a New York not for profit corporation organized exclusively for educational and charitable purposes, as defined in section 501(c)(3) of the Internal Revenue Code] (“SAFE”) welcomes you. SAFE provides the SAFE Web site (“as further defined in Section 2 below) to you subject to the following terms and conditions of use, disclaimer, warranties, limitation of liability and statement of indemnification described herein (collectively, the “TCU”) and all applicable laws and regulations in the United States and the State of New York, all of which are subject to change and revision from time to time without prior notice. PLEASE READ THIS TCU CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE OR ANY SERVICE CONTAINED THEREIN. BY ACCESSING OR USING THE WEBSITE, YOU SIGNIFY YOUR AGREEMENT WITH THE TCU IN ITS ENTIRETY. If you do not agree with or are unable or unwilling to comply with the TCU, do not access or make use of this Web site. SAFE reserves the right, in its sole discretion, to change, modify, add, or remove portions of the TCU at any time without prior notice. Please check the TCU periodically for changes. Your continued use of the Web site following the posting of changes to the TCU will mean you accept those changes. You can review the current version of the TCU at any time here. In addition, when using particular SAFE-owned or SAFE-operated services via the Web site, you and SAFE shall be subject to any posted guidelines or rules applicable to such services, which may be posted on the Web site from time to time. All such guidelines or rules are hereby incorporated by reference into the TCU. SAFE reserves the right to terminate access to this Web site or take other actions it reasonably believes necessary to comply with the law or to protect its rights. Any access or attempt to access this Web site for any unauthorized purpose is strictly prohibited.
2. DESCRIPTION OF WEBSITE. SAFE provides users with access to a collection of Content (hereinafter defined in Section 5 below), resources and services through the SAFE web site which includes the blog (the “Blog”) linked thereto (collectively, the “Web site”), which may be accessed using hypertext transport protocol (“http”) via the World Wide Web using various devices now known or hereafter developed. You understand and agree that the Web site may include advertisements or product offerings in the event that SAFE, in its sole discretion, determines that these advertisements and product offerings are necessary for SAFE to provide the Web site. You also understand and agree that the Web site may include services and communications such as the SAFE Newsletter, and that these services and communications are considered part of SAFE membership, which you may opt out of receiving. Unless explicitly stated otherwise, any new feature or features that augment or enhance the current Web site, including the release of new SAFE Content or services, shall be subject to the TCU. You understand and agree that the Web site is provided “AS-IS” with no warranties of appropriateness or suitability for any purpose whatsoever, and that SAFE assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any Content, user communications or display any members’ or users’ Content or contributions. You are responsible for obtaining access to the Web site, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements found on the Web site.
3. YOUR OBLIGATIONS. In consideration of your use of the Web site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Web site under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Web site’s membership Registration form and any information that you may provide on the Blog (“Registration Data”). Furthermore, you agree to email SAFE at firstname.lastname@example.org to maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SAFE has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SAFE has the right to suspend or terminate your membership and refuse any and all current or future use of the Web site (or any portion thereof).
5.1. USER CONDUCT. You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, HTML and PHP tags and/or links, metadata, or other materials news articles, images, illustrations, designs, icons, photographs, video clips, audio clips and member- and user-generated content that are accessible on the Web site (collectively, the “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person or entity from whom such Content originated. This means that you, and not SAFE, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Web site. SAFE does not control the Content posted via the Web site and, as such, does not guarantee the accuracy, integrity, quality or suitability of such Content. You understand that by using the Web site, you may be exposed to Content that may be considered offensive, indecent or objectionable. Under no circumstances shall SAFE be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, even those arising from negligence on the part of any person or entity that uploads, emails, posts or in any other way transmits the Content. Furthermore under no circumstances shall SAFE be liable in any way for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, archived, held in cache by third parties, or otherwise made available via the Web site or made available by any third party or other entity that archives or holds any part of the Web site in cache, whether by permission, in accord with, or in violation of, any separate agreement with SAFE or this TCU.
5.2. Furthermore, you agree not to use the Web site to: (i) upload, post, email, compose, edit, save, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable; (ii) harm minors in any way; (iii) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (iv) manipulate IP or other identifiers in order to disguise the origin of any Content transmitted to the Web site incorporated therein; (v) upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements or court orders); (vi) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (vii) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other form of solicitation; (viii) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (ix) upload, post, email, transmit or otherwise make available any material that disrupts or seeks to disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in good faith exchanges; (x) interfere with or disrupt the Web site or servers or networks connected to the Web site, or disobey any requirements, procedures, policies or regulations of networks connected to the Web site contained in Section 6 or elsewhere in this TCU; (xi) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; (xii) “stalk” or otherwise harass another; and/or (xiii) collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
5.3. Furthermore, you acknowledge that SAFE may or may not pre-screen Content, but that SAFE and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Web site, including on the Blog. Without any limitation to the foregoing, SAFE and its designees shall have the right to remove any Content that violates the TCU or is otherwise deemed by SAFE to be objectionable. You agree that you must evaluate, and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, usefulness, reliability or suitability of such Content. In this regard, you acknowledge that you may not rely on any Content created by SAFE or submitted to SAFE, including without limitation any Content or information on the Blog and in all other parts of the Web site.
5.4. Furthermore, you acknowledge, consent and agree that SAFE may access, preserve and disclose your membership information and any Content that you transmit, upload or supply to SAFE if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process, to enforce the TCU, to respond to claims that any Content violates the rights of third parties, to respond to your requests for customer or member service, or to protect the rights, property or personal safety of SAFE, its users and the public.
5.5. Furthermore, you understand that the technical processing and transmission of the Web site, including your Content, may involve: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices. You understand that the Web site and software embodied within the Web site may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by SAFE and/or its licensed service providers and/or content providers who provide content to the Web site. You may not attempt to override or circumvent any of the usage rules embedded into the Web site. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Web site, in whole or in part, is strictly prohibited.
6. RESTRICTIONS AND ADVICE CONCERNING THE INTERSTATE NATURE OF COMMUNICATIONS ON THE WEBSITE WITHIN THE UNITED STATES. When you elect to access and use the Web site, or when you elect to register as a member of SAFE by accessing the Web site, or when you elect to upload Content or communicate with SAFE or its members of users by means of the Web site, you acknowledge that in using SAFE services to send electronic communications (including but not limited to email, uploading photos and files to SAFE, transmission of emails, personal and financial identifiers and data, and other Internet activities), you will be causing communications to be sent through SAFE’s computer networks, portions of which are located in the State of New York and other locations in the United States. As a result, and also as a result of SAFE’s network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to the TCU, you acknowledge that use of the Web site results in interstate data transmissions. Furthermore, the Web site will allow you and the people with whom you communicate to save your and their contributions, comments and/or conversations on the Web site. This means you can access and search your past contributions, comments and/or conversations from any computer with access to the Internet. Whether or not you use this feature, other users may choose to use it to consult your past or present contributions, comments and conversations. Your agreement to this TCU constitutes your consent to allow SAFE to store these communications on its servers. From time to time SAFE may make important changes with respect to the feature described in this section and amend this TCU to communicate those changes. It is your duty to periodically review the TCU, as it may be amended from time to time, to look for any such changes. You may also receive such messages by email. Such messages may not be received if you violate the TCU. Your agreement to this TCU constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Web site in an authorized manner. The Web site is operated by SAFE from its offices within the State of New York. SAFE makes no representation that Content on the Web site is appropriate or available for use in other locations. Those who choose to access the Web site from other locations do so on their own initiative and are responsible for establishing the usability or correctness of any information or Content under any or all jurisdictions and the compliance of that information or Content with local laws, if and to the extent local laws are applicable. For additional important information, see Section 25 of this TCU.
7. RESTRICTIONS AND ADVICE FOR THOSE WHO ACCESS THE SAFE WEBSITE OUTSIDE THE UNITED STATES. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
8.1. SAFE does not claim ownership of Content you submit or make available for inclusion on the Web site. However, with respect to Content you submit or make available for inclusion on publicly accessible areas (as defined in Section 8.2) of the Web site, you grant SAFE the following worldwide, royalty-free and non-exclusive license(s), as applicable: (i) With respect to text, photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Web site solely for the purposes of providing and promoting the tax-exempt educational purpose and service for which SAFE is exclusively organized and for which such Content was submitted or made available. The license referenced in the preceding sentence shall be perpetual, fully sublicensable, irrevocable by you, and shall terminate at the time SAFE removes such Content from the Web site, unless such Content is subject to a separate written agreement with SAFE; and (ii) With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Web site, the perpetual, irrevocable and fully sublicensable license referenced in subsection (i) of this section entitles SAFE to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed, unless such Content is subject to a separate written agreement with SAFE.
8.2. Publicly accessible areas of the SAFE Web site are those areas of the Web site that are intended by SAFE to be available to SAFE members and the general public. By way of example, publicly accessible areas would include SAFE Web site, including the Blog, which are open to both members and visitors. However, publicly accessible areas of the Web site would not include emails or other communications that are limited to members, or areas off of the SAFE network of properties such as portions of World Wide Web sites that are accessible via http or other links but are not hosted or served by SAFE.
8.3. Any reference made by the Web site to any specific commercial product, entity, process, or service (or provider of such product, process or service) by trade name, trademark, hyperlink, or otherwise, does not constitute or imply an endorsement, recommendation, or favoring by SAFE. Content on the Web site may be provided by third parties and users. Any opinions, advice, statements, services, offers or other information expressed or made available by third parties, including information providers, members users or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of SAFE.
8.4. RESTRICTIONS ON USE OF MATERIALS. Unless otherwise noted, all Content and materials that are accessible through the Web site is protected by copyright and owned, or used with permission or licensed by SAFE, or the party credited as the provider of the Content, or is subject to the limited fair use exception on copyrighted material which SAFE does not extend to anyone who accesses this Web site by any means whatsoever. You shall abide by all additional copyright notices, information or restrictions contained in any Content accessed through the Web site. No Content from the Web site may be copied, reproduced, framed, republished, downloaded, uploaded, posted, transmitted, or distributed in any way without the expressed written permission of SAFE; provided, however, you may download, where specifically permitted, one copy of the Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission, which must be sought in writing from email@example.com, or the copyright holder identified in the copyright notice contained in the Content. If you wish to build a hyperlink to the Web site, you may do so provided you agree to cease such link upon request from SAFE. No other use is permitted without prior written permission of SAFE. Use of any robot, spider, other automatic device, or manual process to monitor or copy our Web site pages or the Content is strictly forbidden. Modification of the Content or use of the Content for any other purpose is a violation of SAFE’s copyright and other proprietary rights. For purposes of these terms, the use of any Content on any other Web site or networked computer environment is prohibited. SAFE, the SAFE logo, trademark and service mark are the property of SAFE. Content may be used for personal or educational purposes only.
9. INDEMNITY. You agree to indemnify, defend and hold SAFE and its Board of Governors, affiliates, officers, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: your violation or alleged violation of the TCU; any Content, comment, message or contribution you submit, upload, post, transmit or otherwise make available through the Web site; your use or connection to the Web site; or your violation or alleged violation of any rights of another.
10. NO RESALE. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Web site, use of the Web site, or access to the Web site.
11. GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that SAFE may establish general practices and limits concerning use of the Web site, including without limitation the maximum number of days that news stories, editorial Content, resources Content, the Blog opinions and comments or other uploaded Content will be retained by or available on the Web site, the maximum number of email messages that a SAFE member may be sent from or received, the maximum size of any email message that may be sent from or received, the maximum disk space that will be allotted on SAFE’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access email on SAFE’s servers in a given period of time. You agree that SAFE has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by SAFE’s servers. You acknowledge that SAFE reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that SAFE reserves the right to modify these general practices and limits from time to time.
12. MODIFICATIONS TO WEBSITE. SAFE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice. You agree that SAFE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site.
13. TERMINATION. You agree that SAFE may, under certain circumstances and without prior notice, immediately terminate your SAFE membership, any associated email addresses, and any Content you uploaded or transmitted using the Web site. Cause for such termination shall include, but not be limited to: (i) breaches or violations of the TCU or other incorporated agreements or guidelines, (ii) requests by law enforcement or other government agencies, (iii) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the TCU, Web site, or any part thereof, (iv) unexpected technical or security issues or problems, (v) extended periods of inactivity, and/or (vi) engagement by you in fraudulent or illegal activities. Termination of your SAFE membership and privileges includes (i) removal of access to all Content, comments and offerings within the Web site, including but not limited to postings on the Blog, (ii) deletion of your password and all related information (if applicable), files and content associated with your participation on the Web site, and (iii) barring of further use of the Web site. Further, you agree that all terminations for cause shall be made in SAFE’s sole discretion. Upon termination, you agree to destroy all Content obtained from the Web site and all copies thereof, whether made under these terms or otherwise. SAFE may take such further action as SAFE determines to be appropriate under the circumstances to eliminate or preclude repeat violations of the TCU. SAFE shall not be liable to you or any third party for any termination of your membership, account, any associated email address, deletion of any associated Content, or access to the Web site.
13.1. You may terminate these terms at any time by destroying all Content obtained from the Web site and all related documentation and all copies thereof, whether made under this TCU or otherwise, and notifying SAFE of said destruction; the privileges granted to you by the TCU, including the ability to upload Content and initiate and maintain member email privileges, will terminate immediately upon receipt by SAFE of this notification.
14. DEALINGS WITH ADVERTISERS OR THIRD-PARTY PRODUCT OR SERVICE PROVIDERS. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SAFE shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web site.
15. LINKS. The Web site may provide, or SAFE’s service providers may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SAFE has no control over such sites and resources, you acknowledge and agree that SAFE is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SAFE shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. SAFE’S PROPRIETARY RIGHTS. You acknowledge and agree that the Web site and any necessary software used in connection with the Web site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or SAFE’s service providers, or information presented to you through the Web site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or authorized by SAFE, its respective service providers or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Web site or the Software, in whole or in part.
16.1. SAFE grants you a personal, limited, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Web site. You agree not to access the Web site by any means other than through the interface that is provided by SAFE for use in accessing the Web site. If you discover that you are in violation of any part of this Section, you agree to immediately and permanently erase all source code downloaded from the SAFE Web site or SAFE server and to immediately notify SAFE of the erasure.
17. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SAFE AND ITS LICENSEES, SERVICE PROVIDERS, OFFICERS, BOARD OF GOVERNORS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17.1. SAFE AND ITS LICENSEES, OFFICERS, BOARD OF GOVERNORS, SERVICE PROVIDERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (ii) THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED; (vi) THE WEBSITE OR THE SERVER(S) THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (vii) ANY VIRUSES OR OTHER HARMFUL COMPONENTS IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED. YOU (AND NOT SAFE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
17.2. ANY MATERIAL ACCESSED, VIEWED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE 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 RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
17.3. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SAFE, OR ITS LICENSEES, SERVICE PROVIDERS, OFFICERS, BOARD OF GOVERNORS AND LICENSORS OR THROUGH OR FROM THE WEBSITE SHALL CONSTITUTE ANY PROFESSIONAL OR ADVISORY RELATIONSHIP BETWEEN YOU AND SAFE, ITS OFFICERS OR BOARD OF GOVERNORS, NOR CREATE OR IMPLY ANY WARRANTY NOT EXPRESSLY STATED IN THE TCU.
17.4. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE ADVERSE REACTIONS AND/OR EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEBSITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEBSITE. IMMEDIATELY DISCONTINUE USE OF THE WEBSITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEBSITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY UNCUSTOMARY, ABNORMAL OR INVOLUNTARY REACTIONS, MOVEMENTS, OR CONVULSIONS.
18. LIMITATION OF LIABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT SAFE AND ITS BOARD OF GOVERNORS, AND ANY PRESENT OR FUTURE SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, LICENSEES AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
19. EXCLUSIONS AND LIMITATIONS. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations contained in Sections 17, 17.1, 17.2, 17.3, 17.4 and 18 may not apply to you.
20. NO THIRD PARTY BENEFICIARIES. You agree that, except as otherwise expressly provided in this TCU, there shall be no third-party beneficiaries to this TCU.
21. NOTICES. SAFE may provide you with notices, including those regarding changes to the TCU, including by but not limited to email, regular mail, or postings on the Web site, or by other reasonable means now known or hereinafter developed.
22. TRADEMARK INFORMATION. The SAFE logo, the SAFECORNER Blog and SAFE/Saving Antiquities for Everyone trademarks and service marks are trademarks of SAFE/Saving Antiquities for Everyone, Inc. (the “SAFE Marks”). You agree not to display or use in any manner the SAFE Marks without SAFE’s prior written permission. All other trademarks or service marks accessible on the Web site are the property of, and subject to the rights and usage restrictions of, their respective owners.
23. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT AND INTELLECTUAL PROPERTY INFRINGEMENT. SAFE respects the intellectual property of others, and we ask our users to do the same. SAFE may, in appropriate circumstances and at its discretion, disable and/or delete the contributions of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide SAFE the following information: (1) a physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the site; (4) your physical mailing address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. For the purpose of sending a Notice of Claims of copyright or other intellectual property infringement, SAFE can be reached at:
SAFE/Saving Antiquities for Everyone Inc.
P.O. Box 231172
New York, NY 10023-0020
By email: firstname.lastname@example.org
24. VIOLATIONS. Please report any violations of the TCU to email@example.com
25. CHOICE OF LAW AND FORUM. The TCU and the relationship between you and SAFE with respect to the Web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to this TCU shall be filed only in the state or federal courts located in New York County in the State of New York, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
26. WAIVER AND SEVERABILITY OF TERMS. Any failure of SAFE to exercise or enforce any right or provision of the TCU shall not constitute a waiver of such right or provision. If any provision of the TCU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TCU remain in full force and effect.
27. NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY. You agree that your SAFE membership is non-transferable and any rights with respect to your SAFE membership or Content on the Web site shall automatically terminate upon your death, unless terminated earlier.
28. STATUTE OF LIMITATION. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Web site or the TCU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
29. ENTIRE AGREEMENT. The TCU constitutes the entire agreement between you and SAFE and governs your use of the Web site, superseding any prior agreements between you and SAFE with respect to the Web site. You also may be subject to additional terms and conditions that may apply when you use the Web site, affiliate services, third-party content or third-party software in use now or in the future.