Legal

Privacy Policy

PLEASE READ THIS POLICY BEFORE USING THE WEBSITE www.reisenbachfoundation.org (the “Site”).  BY VISITING THE SITE, YOU AGREE THAT YOUR USE OF THE SITE, AND ANY DISPUTE OVER OUR ONLINE PRIVACY PRACTICES (INCLUDING OUR COLLECTION, USE AND SHARING OF YOUR INFORMATION AND DATA) ARE GOVERNED BY THIS POLICY AND OUR TERMS OF USE http://www.reisenbachfoundation.org/terms-of-use/

IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS POLICY, OR ANY POSTED GUIDELINES OR RULES, THEN PLEASE DO NOT USE THIS SITE.

You can access this Policy at any time at http://www.reisenbachfoundation.org/privacy-policy.

John A. Reisenbach Foundation, Inc. (“JAR,” “Service Provider,” “we,” “us” or “our”) respects the privacy of visitors to the website www.reisenbachfoundation.org (the “Site”) only, however it is accessed or used (whether on computer, mobile devices or otherwise).  The purpose of this Policy is to inform our visitors (“you,” or “your”) about the types of information we gather about you when you visit our Site, how we may use that information, with whom it is shared, what choices you have regarding our use of your information and how you may access some of the information you provide to us.  This Privacy Policy does not apply to any information you may provide to us, or that we may collect, offline and/or through other means (for example, at a live event, via telephone or through email) or to information collected on any other website or application.

Because the internet is an evolving medium, we may need to change the Policy from time to time and, accordingly, we reserve the right to change this Policy at any time by posting a new privacy policy at this location.  Therefore, we encourage you to refer to this Policy on an ongoing basis so that you understand our Policy and are aware of any changes.  Continued access will constitute your acceptance of any such changes. To the extent we provide notice to you on the Site that different or additional privacy policies or practices apply (for example, at the point we collect your personal information), those additional terms shall govern such data collection and use.

Without limiting anything set forth anywhere in this Policy, we can and will use and disclose IP addresses to identify a user when we fell it is necessary to protect the Site. enforce our Terms of Use or comply with applicable law.

Please read the full policy before using the Site. For your convenience, below is a short summary of the policy:

SUMMARY:

1.    We ask you for, and use technology to detect, information about you. Some of this information is shared with others, including our service producers and sponsors.

2.  You may be served with targeted advertising, including but not limited to, location-based advertising.  For information about how to opt-out of certain targeted advertising in the United States, visit: http://www.networkadvertising.org/managing/opt_out.asp

3.  Third parties, including, but not limited to, our service providers and sponsors, may also collect information about you.

4. We use the personally identifiable information and other information we collect about you, or that you provide, for a variety or purposes, including, but not limited to, in order to present the Site to you, or allow you to participate in interactive features on or social media apps embedded on the Site, or to communicate with you. We may also provide you with an opportunity to learn more information about our sponsors, grantees, and other selected companies who we think can offer you services and products of interest to you.

5. We may disclose your personally identifiable information and other information we collect about you or that you provide to us to subsidiaries, affiliates, service providers and other third parties we use to support our business and who are bound by contractual obligations to keep your personally identifiable information confidential and use it only for the purposes for which we disclose it to them.

6. We may also disclose your personally identifiable information and other information you provide for any other purpose disclosed by us when you provide the information or to fulfill the purpose for which you provide it. For example, if you give us a third party’s email address to use any email functionality on our Site, we will transmit the contents of that email and your email address to the recipient(s).We may also disclose your personally identifiable information or other information to comply with any law or legal proceeding or process, to enforce our Terms of Use, or if we believe disclosure is necessary or appropriate to protect the rights, property or safety of Service Provider or any other person or entity.

7. You may change your personal information at any time by emailing info@reisenbachfoundation.org and putting “PRIVACY” in the subject line and describing the change you would like to make in the body of the email. Please note that if you request that we erase your information, we may retain some of your information as necessary for our legitimate business interests, such as fraud prevention and detection and comply with our legal obligations.

8. YOUR CALIFORNIA PRIVACY RIGHTS and YOUR RIGHTS UNDER THE GENERAL DATA PROTECTION REGULATION (EU): We do not disclose the personal information of a California resident to any third party for its direct marketing purposes without consent. Under the European Union’s General Data Protection Regulation, if you work, normally live or allege an infringement of data protection laws occurred in the European Union, you have a number of important rights free of charge. In summary, those rights include the right to access your personal data n a commonly used machine-readable format, require us to correct any mistakes in your information we hold, under certain circumstances erase your personal data, object at any time to the processing of your personal data for direct marketing or (in certain other situations) for other purposes and claim compensation for damages caused by our breach of any data protection laws. You may also lodge a complaint with a supervisory authority in the European Union (or European Economic Area) in the EU or EEA state where you work, normally live or where any alleged infringement of data protection laws occurred. If you would like to exercise any of your rights regarding your personal information collected on faithsalie.com, please email us at inquiries@faithsalie.com and include sufficient information to identify you, provide proof of your identity, and let us know the information your request relates to.

9. GENERAL DATA PROTECTION REGULATIONS (EU) RIGHTS (the “GDPR”): Under the GDPR, if you work, normally live in the European Union, or you allege an infringement of your rights under data protection laws occurred anywhere in the European Union, you have a number of important rights free of any charge, including the right to access your data and require us to correct mistakes. You may also have the right to require that we delete your information, require we discontinue processing your information for direct marketing purposes, or claim compensation for damages caused by our breach of GDRP. If you would like to exercise any of your rights regarding the information collected on the Site, please email us at info@reisenbachfoundation.org and include sufficient information to identify you, provide proof of your identity, and let us know the information your request relates to.

FULL POLICY:

PERSONAL IDENTIFIABLE INFORMATION 

When you contact us through the Site, including through our Contact page, we may request that you supply personally identifiable information (for example, your name, your phone number(s), your email address, or your postal address), and you may elect to furnish us with other personally identifiable information (for example, your gender or birth date)(“Personal Information”). We may need some or all of this Personal Information in order to perform certain activities on or off the Site, however, furnishing this information is entirely voluntary. If you do not want your Personal Information to be collected or used by us or our third party services providers, please do not furnish it.  We and our third-party service providers may also use technology and methods that currently exists or may exist in the future to collect, process and store Personal Information. We may use your Personal Information for various purposes, such as responding to your inquiry or comments (on the Site or on social media embedded on the Site or on other social media used by JAR), improving our Site, to customize your experience on the Site, to distribute newsletters (which you will have the option to opt out of) and to enable you to participate in promotions, surveys, and other activities sponsored or conducted by us or through the Site. We may also use your Personal Information to keep you up to date on JAR’s events, television and radio appearances, podcasts, and for other information we think you’d be interested in hearing about.

Except as expressly set out in the Policy or as disclosed when you sign up for, or otherwise provide information to use, or participate in, an optional feature on the Site (e.g., signing up for newsletters), we will not, without your express prior authorization, disclose any personally indentifiable information to a third party or use that information other than as described in this Policy.

Consistent with the Children’s Online Privacy Protection Act of 1998, as amended, we do not knowingly collect personal information from children under the age of thirteen (13) without verifiable consent. If we learn that personally identifiable information of a child under age thirteen (13) has been collected on the Site, we will take appropriate steps to delete the information. If you believe such information was collected without proper consent, please notify us at info@reisenbachfoundation.org and provide all information necessary for us to delete the personal information of the child and to contact you.

 

NON-PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT AND MAY PROCESS AND STORE

When you visit or use our Site, in addition to Personal Information described above, we and our third-party service providers may use a variety of technologies that automatically and/or passively also collect, process and store other information. Examples of this type of information include your IP address or other unique device identifier (which device identifier is automatically assigned and is used by our (and our third-party service providers’) computers use to identify your device), the type of Internet browser or computer operating system you use, demographic information (your age, gender, income, education, profession, zip code, etc.), the date and time you visited our Site, your device location, your mobile network, the pages and advertisements you accessed, your media consumption on the Site (e.g., video viewing), the name of the website from which you linked to our Site and other data involving your use of our Site (“Usage Information”). Usage Information may be non-identifying or may be associated with your Personal Information. Aggregate information is not linked to your Personal Information. We also may ask for additional information (e.g., your favorite foods, brands and interests) which you have the option not to provide. We and our advertisers and third-party service providers may use various currently existing technology and methods and/or methods and technology that are subsequently developed to collect, process and store the Usage Information. This policy in no way restricts or limits our collection, processing and use of aggregate information and we may use and share this information with third parties to analyze trends, to gather broad demographic information for aggregate use and for marketing and promotional purposes.

Without limiting anything set out elsewhere in this Policy, we can and will use IP addresses to identify a user when we feel it is necessary to enforce compliance with our Terms of Use or to protect the Site, JAR, JAR’s sponsors or grantees, or other individuals. We also reserve the right to use or disclose non-personally identifiable information in any manner we see fit, including for purposes of improving the Site.

Some of the technologies we currently use or may use in the future to collect information include the following:

Cookies, Web Beacons & Similar Technologies

Cookies: We may use “cookies” – small pieces of data or text files that are stored on your computer tied to information about you. This information will help us enhance your experience on the Site (e.g., the option of saving your username and password, if any, for the Site by placing a cookie on your personal computer). Cookies can store non-personally identifiable information, such as your IP address, what websites, pages, or advertisements your browser has accessed and may be tied to the Personal Information you knowingly choose to provide to us.

Cookies help establish a user session and allow our server to correctly provide site users with the appropriate information, advertisements and services. We use or may use in the future both persistent and session cookies, as well as embedded scripts. Session cookies and embedded scripts exist only for as long as your browser remains open. When the session ends, the browser is closed and the cookies and embedded scripts are deleted or deactivated. Persistent cookies, in contrast, last from visit to visit. Persistent cookies are saved on a visitor’s computer by the browser and do not go away when you exit your browser. We may use both types of cookies to enable us to collect aggregate information on the usage patterns of our Site, such as what areas of the Site are visited most often, so we can tailor our Site to user preferences. Some of our advertisers and sponsors occasionally serve you cookies as well.  We do not have control over cookies placed by advertisers or sponsors. We may also use advertising service vendors to help display or present advertisements on the Site and/or provide analytic information regarding such advertisements. These vendors may use cookies, web beacons, or similar technologies to serve you advertisements tailored to interests you have shown by browsing on this and other websites you have visited, to determine whether you have seen a particular advertisement before and to avoid sending you duplicate advertisements. In doing so, you may voluntarily furnish Personal Information to such vendor and/or these vendors may also collect Usage Information (see above for more information) Even if they use our technology to track, collect or store data, the use of cookies, web beacons, or other tracking technologies by these advertisers, sponsors and advertising service vendors is subject to their own privacy policies, not ours, and Service Provider disclaims all liability in connection therewith. If you do not want the benefits of these advertising cookies, you may be able to opt-out in the United States by visiting http://www.networkadvertising.org/managing/opt_out.asp; note that “opting-out” through these procedures does not mean that you will not receive targeted content and/or ads from third parties that are sent by companies that are not the National Advertising Initiative members with respect to which you opted-out. If you are located in the US, you may also opt-out of received third party behavioral ads on the Site by opting-out on the Digital Advertising Alliance website at www.aboutads.info/choices.

A “Flash” cookie is placed on your device via the Adobe Flash plug-in that may be built into or downloaded to you to your device; information regarding disabling Flash cookies can be found on Adobe’s website at www.adobe.com. “HTML5” cookies do not require a plug-in.

Most Internet browsers can be set to refuse to accept cookies, although this may affect your Internet experience.  You can also erase cookies that are already on your computer, block all cookies or receive a warning before a cookie is stored.  Each browser you use will need to be set separately, and each browser offers different functionality and options, and browser settings may not effectively block or disable Flash cookies or HTML5 cookies. Please refer to your browser instructions or “help” screen to learn more about these functions.

Beacons:

We may use “web beacons” (also known as Internet tags, pixel tags, single-pixel GIFs, clear GIFs, invisible GIFs, 1-by-1 GIFs, and web bugs) – tiny graphic files placed on a Web page or electronic message which send a signal when a user has visited that page or message – allowing the Site to collect standard access information, such as time and date of a page or message view, and a description of the page or message on which the web beacon resides.  We use web beacons to help manage the effectiveness of our online advertising and to gather access information, such as counting the users who have visited those pages, compiling aggregated statistics about Site usage and monitoring how users navigate the Site.

Other Technology:

Certain mobile service providers identify individual mobile devices and we and our third-party service providers may receive such information if you access the Site through a mobile device. Additional information may be collected when you use a mobile device to access the Site, including your mobile phone number and the physical location of your device; this information may be collected by your mobile service provider, our Site or our third-party service providers and such information may be shared with us.
Our Site or our third party service providers may use geo-tracking software (or other location based service software).

Email Communications.

When you provide us with your e-mail address, for example, when you send us an email through our Contacts page, we share that information with our third-party service providers, and we may share your e-mail address with certain third parties that we believe may be of interest to you. We may also use e-mail addresses to occasionally deliver information relevant to you, such as fundraising campaigns, events, newsletters, promotions, surveys and notification of other noteworthy items. If you send us an e-mail with questions or comments, we may use the personal information you provide to respond to your questions or comments, and we may save your questions or comments for future reference. However, we will provide you with the option to change your preferences and “opt-out” of receiving those communications. You may request at any time that we not e-mail you in the future by contracting us at info@reisenbachfoundation.org. When contacting us by e-mail, please send your request from the email address you wish to unsubscribe if possible, and insert “UNSUBSCRIBE” in the subject line and the body of the message. If you subscribe to any newsletter or other email alerts from us, you may request at any time that we not email you in the future by clicking on the “unsubscribe” link which will be located at the bottom of those email communications and hitting send. If you unsubscribe by emailing us or clicking the “unsubscribe” link, you should assume that your request has been received and is being processed. Please allow us ten (10) business days from our receipt of your request to complete the removal of your e-mail address from our database. As some of our communications may have been in process before you submitted your *unsubscribe” request, we will make reasonable efforts to discontinue these e-mail communications as soon as practicable.

USER GENERATED CONTENT, SOCIAL MEDIA AND PUBLIC INFORMATION

You may be permitted to submit photographs, questions, video, comments or other content directly through the Site or through one or more social media applications embedded in the Site (e.g., Twitter), which may include your Personal Information (collectively the “User Generated Content”). We may use or authorize third parties to use the User Generated Content (or any portion thereof) as well as your name, likeness and other Personal Information on-line or off-line in any media, format or manner, now known or hereafter developed for editorial, instructional, advertising, marketing, publicity and promotional purposes. Use of your User Generated Content is also governed by our Terms of Use http://www.reisenbachfoundation.org/terms-of-use/

CERTAIN THIRD-PARTY TRANSACTIONS.

We may disclose Personal Information and/or Usage Information to our sponsors, grantees, Board of Directors, partners, service providers, contractors, licensors, licensees and agents who assist us in providing services in connection with this Site and/or a JAR-related activity. For example, when you donate to JAR through the Site you may be redirected to a third-party website that is owned and/or hosted by a third party and any information you provide while on that website (signing up for newsletters, making reservations and/or making a donation) will be governed by its privacy statement (please see the section entitled “Third Party Websites” below for more information).  In addition, we also allow access to our database by third parties we engage to assist us in designing, managing and hosting the Site and/or for providing certain other services. For example, we may hire a company to facilitate our online and/or email services, administer promotions (including contests and sweepstakes) or conduct surveys on our behalf; in these instances, we may need to share your Personal Information, but we do not authorize these third parties to use your Personal Information for any other purpose. 

THIRD PARTY WEBSITES, APPLICATIONS AND CONTENT.

Our Site contains links to other websites and may embed third party applications (for example, JAR’s Twitter feed), as well as functionality that permits certain kinds of sharing and other interactions between the Site and your account(s) (and other persons’ and businesses’ accounts) on third party websites or applications, including but not limited to, links to sponsors’ and grantees’ websites and sharing with social media sites and applications. Those sponsors, grantees and other third party websites and applications may collect Personal Information, Usage Information and other information when you “click” on their logo or link (which may take you off our Site and redirect you to another website or application that we do not control), when pages from our Site are served to them or when you interact with their website or application in other ways from our Site. Third party service providers may implement or facilitate these sharing and other interactions. Note that when you use any “sharing” or social media functionality we provide on our Site, your email address, name, user name or other Personal Information may be included in the information that is visible on our Site or the third party’s website or application, or included in what you send to your addressee(s). In addition, when you use a third party website or application that is embedded in or interacts with our Site, your user name, messages and other information from such third party site or application may appear on our Site and we do not control of or have access to your communications through such sites or applications. In addition, some or all of these third parties’ websites, applications and/or service providers may share your personal information with us. These third parties may retain your personal or other information, and their practices are not subject to our Privacy Policy; you should review the Terms of Use and Privacy Policies of the applicable third party sites or applications before you use their tools on our Site, and we are not responsible for their privacy practices or policies. nor do we endorse any such other websites, tools or applications. This Policy applies solely to information collected by our Site and does not cover information collected elsewhere, including without limitation on websites linked to from the Site.

SWEEPSTAKES, CONTESTS AND PROMOTIONS

We may offer sweepstakes, contests and/or other promotions (each a “Promotion”) through the Site that require registration. By participating in a Promotion, you are agreeing to the official rules, terms and conditions of that Promotion, which may include, among other things, the requirement that, except as prohibited by law, your name, likeness, and voice may be used by the sponsor of the Promotion and/or companies that furnish the prizes therefor, and/or in advertising or marketing associated with the Promotion. In addition, your Personal Information may be shared with third parties or the public in connection with the administration of the Promotion, including, but not limited to, on a winners list.

ADDITIONAL INFORMATION SHARING.

Though we make every reasonable effort to preserve the privacy of our users’ Personal Information, in addition to the uses and information sharing described above, we may need to disclose Personal Information as required by law, rule or regulation or where we have a good-faith belief that such action is necessary to protect our rights and/or to comply with a judicial proceeding, court order, as requested by a governmental or law enforcement authority or other legal process. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. In addition, we reserve the right to use or disclose Usage Information and other non-Personal Information in any way we see fit without consent.

SITE LOCATION

The Site is operated in the United States and is intended for use by users located in the United States (including the District of Columbia and the US territories and possessions). If you are located outside of the United States, please be advised that the Personal Information, Usage Information and other information we collect will be transferred to, processed and stored in the United States, and may also be transferred, processed, stored and/or used outside the United States. The US data protection laws may differ from those of the location in which you reside and your Personal Information and/or Usage Information may be subject to access requests or demands from governments, courts or law enforcement in accordance with the laws of the United States and other jurisdictions. By using the Site you consent to the transfer, use and storage of your Personal Information and Usage Information in the United States or outside the United States by third parties with whom we share such information pursuant to this Policy.

SECURITY.

Our Site has taken reasonable security measures in place to protect against the loss, misuse and alteration of information under our control. However, it is not possible to guarantee the security or integrity of information disclosed online or over wireless communication or stored electronically. As no data transmission over the Internet, wireless transmission or electronic storage is completely secure, we urge you to take every precaution to protect your personal data when you are on the Internet or wireless transmission. Because no physical or electronic security is impenetrable, by using the Site, you agree to assume all risks in connection with the information sent to us or collected by us when using the Site.

CALIFORNIA RESIDENTS: YOUR PRIVACY RIGHTS.

Pursuant to California Civil Code section 1798.83, a California resident who has provided personal information to a business with whom he/she has established a business relationship has the right to request from that business certain information regarding whether the business has disclosed personal information to any third parties for the third parties’ direct marketing purposes.  In general, if the business has made such a disclosure of personal information, the business is required to provide a list of all third parties to whom such personal information was disclosed in the preceding calendar year, as well as a list of the categories of personal information that were disclosed, upon receipt of a request by a California resident.  However, under the law, a business is not required to provide the above-described lists if the business adopts and discloses to the public (in its privacy policy) a policy of not disclosing personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, as long as the business maintains and discloses this policy.  Rather, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and providing a cost free means to exercise that right.  As described in this Policy, Service Provider does not disclose such personal information of a California resident to any third party for its direct marketing purposes.

GENERAL DATA PROTECTION REGULATION (EU) RIGHTS: Under the European Union’s General Data Protection Regulation, if you work, normally live or allege an infringement of data protection laws occurred in the European Union, you have a number of important rights free of charge. In summary, those rights include the right to access your personal data in a commonly used machine-readable format, require us to correct any mistakes in your information we hold, under certain circumstances, erase your personal data, object at any time to the processing of your personal data for direct marketing or (in certain other situations) for other purposes and claim compensation for damages caused by our breach of any applicable data protection laws. You may also lodge a complaint with a supervisory authority in the European Union (or European Economic Area) where you work, normally live or where any alleged infringement of data protection laws occurred.

If you would like to exercise any of your rights regarding your personal information collected on faithsalie.com, please email us at info@reisenbachfoundation.org and include sufficient information to identify you, provide proof of your identity, and let us know the information your request relates to.

HOW TO CONTACT US.

If you have any questions or suggestions regarding our Policy, or if you have submitted personally identifiable information through the Site and would like access to such information or to have that information corrected, please contact:

Via e-mail:
info@reisenbachfoundation.org

RETENTION OF INFORMATION.

Any information we collect may be retained for an indeterminate period of time to fulfill our legitimate business purposes or for a period of time required or allowed by applicable regulation or laws. If you request that we erase your information by contacting us at inquiries@faithsalie.com or otherwise, we may retain certain of that information as necessary for our legitimate business interests and to comply with our legal obligations.

Posted June 25, 2020

Terms of Service

PLEASE READ THE TERMS AND CONDITIONS CONTAINED IN THESE “TERMS OF USE” CAREFULLY BEFORE YOU USE THIS WEBSITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS. 

You, the user of this website, agree that your access to and use of this website (including browsing) is subject to the terms and conditions set forth in these Terms of Use, any additional terms, conditions, guidelines, rules and/or codes of conduct applicable to specific areas of the website that may be posted in those areas, as well as with all applicable laws. You agree that any such access or use is undertaken at your own risk. The additional terms, conditions, guidelines, rules, and codes of conduct applicable to specific areas of the website, together with these Terms of Use, govern your use of those areas. If there is a conflict between these Terms of Use and the more specific terms, conditions, guidelines, rules or codes of conduct posted elsewhere on the website, the more specific terms will control your use of the applicable area of the website.

 IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THIS WEBSITE’S PRIVACY POLICY, OR ANY ADDITIONAL POSTED TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT, DO NOT BROWSE OR OTHERWISE USE THIS WEBSITE.

USE OF THE WEBSITE IS FREE HOWEVER YOU ARE RESPONSIBLE FOR ANY MOBILE NETWORK OR THIRD-PARTY NETWORK PROVIDER’S RATES AND FEES.

NOTHING IN THESE TERMS OF USE OR ANY OTHER TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT POSTED ON THE WEBSITE ARE INTENDED TO AFFECT YOUR RIGHTS UNDER THE LAW WHERE YOU RESIDE. IF THERE IS A CONFLICT BETWEEN THOSE LEGAL RIGHTS AND THIS AGREEMENT, YOUR RIGHTS UNDER APPLICABLE LAW WILL APPLY.

Welcome to http://www.reisenbachfoundation.org/(the “Site”), owned, operated and maintained by John A. Reisenbach Foundation, Inc. (“JAR,” “Service Provider,” “we,” “us,” or “our”), for your personal entertainment, enjoyment and information. The words “you,” “your,” and “user’ as used herein refer to all individuals and/or entities accessing or using the Site. Use of the Site is subject to these Terms of Use (the “Terms of Use”). These Terms of Use are a contract between you and Service Provider, and your use of the Site constitutes your agreement to its terms and conditions, and your use of any area of the Site for which additional terms, conditions, guidelines, rules or codes or conduct are posted constitutes your agreement to those additional terms, conditions, guidelines, rules and codes of conduct.

We reserve the right, in our discretion, to change or modify these Terms of Use from time effective immediately upon posting of the revised Terms of Use, and the date of the most recent revisions will appear at the top of this page, so check back each time you use the Site. If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Site and services. Your continued use of the Site and services will constitute your binding acceptance of these Terms of Use, as amended from time to time. The Site is maintained for your convenient access to information about, her books, special events and appearances, news, and newsletters, as well as links to other websites or applications we think might be of interest to you. IF AT ANY TIME THE TERMS OF THESE TERMS OF USE OR ANY TERMS, CONDITIONS, GUIDELINES, RULES OR CODES OF CONDUCT APPLICABLE TO SPECIFIC AREAS OF THE SITE ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL BROWSING AND OTHER USE OF THE SITE AND SERVICES. THESE TERMS OF USE ALSO INCORPORATE BY REFERENCE OUR PRIVACY POLICY, WHICH CAN BE FOUND AT http://reisenbachfoundation.org/privacy-policy/

OWNERSHIP OF SITE CONTENT.

You acknowledge that all content, including, without limitation, names; likenesses; images; pictures; graphics; code and software; photographs; videos; scripts, links, interactive features; trademarks; trade names; and other material and files used on or incorporated into this Site, the “look and feel” of the Site, the selection, compilation, assembly and arrangement of the Content on the Site, and all other material related to the Site (including past, present and future versions; collectively, the “Content”) are either trademarks, trade names, service marks, copyrights or otherwise protected property of Service Provider, or used under license or otherwise, and all rights thereto are specifically reserved. The trademarks, service marks, logos and other indicia of origin (collectively, the “Marks”) used on the Site are owned by Service Provider or used under license or otherwise, and no license or right to use any Marks contained on the Site is granted to you or any third party on your behalf, whether by implication or otherwise. Use of any Marks contained on the Site is expressly prohibited unless authorized in writing by Service Provider or the owner of the applicable Marks. All rights not explicitly granted herein are reserved.

USE OF SITE CONTENT.

Except as expressly permitted in these Terms of Use, Content on the Site may not be used, copied, or imitated without our prior written consent in each instance. You may temporarily download one copy of articles or other content from the Site for non-commercial transitory viewing only. This is a grant of a non-exclusive license only, not a transfer of title and is a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license to download (for temporary storage only), stream, display and view the Content (but not any source or object code in raw form or otherwise other than as made available to access and use a standard web browser) on your personal computer, tablet, mobile phone or other wireless device. If we provide any “share” functionality for Content on the Site (e.g., a “share” button), subject to your strict compliance with this Agreement, we also grant you a limited, personal, non-exclusive, revocable, non-commercial, non-assignable and non-transferable license for you to post such Content on your personal social media pages or feeds and/or to share such Content with third parties solely for their personal non-commercial use, provided that in both cases you comply with subparagraphs (1) through (9) below with respect to such uses. Under this license you may not:

  1. modify, alter, or copy any Content;
  2. use any Content for any commercial purpose;
  3. publicly display any Content (whether for commercial or non-commercial purposes;
  4. remove any copyright notices, trademark notices, information, credits, by-lines, or restrictions contained in or on any Content available on, incorporated into or accessed through the Site;
  5. transfer any portion of the Content to another person;
  6. mirror any portion of the Content;
  7. sell or allow any third party to sell advertising in connection with any Content or otherwise monetize or attempt to monetize the Content in any way;
  8. use the Content in any manner that suggests an association with JAR or any fundraising, non-profit, business, product, service or endeavor with which it is associated; or
  9. insert any code or manipulate the Content in any way that affects any user’s experience of the Site.

This license shall automatically terminate if you violate any of these restrictions (as determined in the sole discretion of Service Provider) and may be terminated by Service Provider at any time with or without cause.

If you have any question as to whether we own certain Content contained on our Site, do not download, use or copy it without first contacting us (e.g., content that is user generated content or that appears to have been uploaded by a third party or that is identified (or is identifiable) as property of a third party (e.g., third party trademarks such as “Twitter”) should not be copied or downloaded by you). You may not copy, use, download, modify, frame, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, post, republish, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. If permission is granted by Service Provider and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice.  Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices, trademark notices and other restrictions contained on the Site.  You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Service Provider (and all other entities with an interest in the relevant intellectual property) or on the Site.  Except as expressly authorized, the use of any trademarks, trade names, logos or other Content posted on or available through this Site is strictly prohibited.

This Site may contain typographical errors or inaccuracies and may not be complete or current. Service Provider therefore reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.  We apologize for any inconvenience.

Service Provider specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by Service Provider or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; use of any data mining, robots, scraping or other similar means or methods for purposes of data gathering or extraction; and/or using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations.  You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of the Site.

USER CONDUCT AND USER GENERATED CONTENT.

Now or in the future we may provide interactive activities on the Site such as embedded third party social media applications or sites (for example, JAR’s Twitter feed), sharing functionality, social media links, and e-mail updates, collectively identified as “Interactive Areas,” for the enjoyment of our visitors. You may not use the Site or any of the Interactive Areas in a way that violates this Agreement or any applicable federal, state, or international law, or for any other unlawful purpose, or as to any Interactive Area that embeds any third party’s application or website, in violation of the “terms of use” or “privacy policy” of such application or website. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Service Provider or others.

Content posted by you and other Site users (“User Generated Content,” which includes your comments, third party comments, photographs, videos, competition entries, and third party content contained in any Twitter feed or other third party social media embedded in or visible on the Site) and content posted by other non-reisenbachfoundation.org contributors unaffiliated with Service Provider, is generally not reviewed by Service Provider.  Nonetheless, Service Provider reserves the right to change, delete, or remove, in part or in full, any User Generated Content for any reason, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples’ enjoyment of the Site, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, Service Provider shall have the right to remove any User Generated Content it has reason to believe may infringe the rights of a third party. Service Provider reserves the right, in its sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit Service Provider’s response to a future occurrence. You acknowledge and agree that Service Provider shall not assume or have any liability for any action or inaction by Service Provider with respect to any User Generated Content.  Users shall remain solely responsible for User Generated Content and any material or information transmitted to, or interaction with, other users. You agree that you must evaluate and bear all risks associated with the use of any User Generated Content.

User Generated Content may become publicly available on the Site, such as Interactive Areas. Service Provider, its affiliates, and our and their officers, directors, member, managers, employees, contractors, representatives and agents that conduct, operate and/or manage the Site’s Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or User Generated Content posted, uploaded or transmitted in these Interactive Areas. You may not submit or upload any User Generated Content or otherwise engage in any activity on the Site that (a) is unlawful; harmful to adults or minors; threatening; abusive; harassing; tortuous; defamatory; vulgar; obscene; libelous; invasive of another’s privacy; hateful; or racially, ethnically or otherwise objectionable; or (b) infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person; (c) contains unauthorized advertising or solicits other visitors; (d) depicts any minor unless you are their parent or legal guardian and have the authority to consent to such use on their behalf; or (e) is intended by the visitor to interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware, Content or Site (each a “Prohibited Activity Category” and together the “Prohibited Activities”).

You represent and warrant that each time you submit any User Generated Content, (a) you are at least 18 years of age, (b) you are the sole author and owner of such User Generated Content and have all necessary legal consents from any person(s) shown, performing, depicted or referred to in such User Generated Content, (c) will not fall within any Prohibited Activity Category, (d) you own or control all necessary rights and permissions, without the need for any payment to any other person or entity, to use and exploit, and authorize us to use and exploit, your User Generated Content on our Site, (e) we will not have any obligation to obtain consent from any third party in connection with our use of the User Generated Content and (f) such User Generated Content does not otherwise violate any of the terms of this Agreement. We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our Terms of Use or policies. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload, or otherwise make available through our Site. Service Provider reserves the right to terminate your access to and use of the Site, if, in our sole discretion, your conduct falls within any of the Prohibited Activity Categories.

You must be thirteen (13) years of age or older to participate in the Site’s Interactive Areas. Service Provider will not accept registrations from or knowingly allow participation in its Interactive Areas by persons under thirteen (13) years of age. For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your screen name to identify yourself. By participating in any of the aforementioned activities, all visitors and members agree to follow Service Provider’s User Conduct Policy as described herein or elsewhere on the Site. Service Provider reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any User Generated Content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.

Our Interactive Areas, if any, welcome people of all races, religions, genders, national origins, sexual orientations, and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor’s access to the Site and Registration (if the user has registered), in Service Provider’s sole discretion, in addition to any other remedies. As stated above, we may also post additional terms, conditions, guidelines, rules, and/or codes of conduct for certain Interactive Areas and any such additional posted terms, conditions, guidelines, rules, or codes will be incorporated by reference into these Terms of Use. To the extent there is a conflict between the rules governing a promotion or code of conduct posted in a specific area of the Site and these Terms of Use, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site. If you see objectionable User Generated Content or have any questions about the Prohibited Activities, please contact us at info@reisenbachfoundation.org

Your User Generated Content will be treated as non-confidential and non-proprietary ideas and content, regardless of any markings on them such as “confidential” or “proprietary” or any other similar notices or markings. No User Generated Content will be returned to you, so please retain your own copies. We do not have any obligation to actually post your User Generated Content or to maintain it on the Site for any period of time if posted. You acknowledge that the internet and wireless technology is not secure and may be subject to security breaches, so please consider this before submitting anything to us.

COPYRIGHT/INTELLECTUAL PROPERTY.

Service Provider respects the intellectual property of others and expects its users to do the same. Without limiting anything set out elsewhere in these Terms of Use, Service Provider may, in appropriate circumstances and at its discretion, disable and/or terminate accounts of users who may be infringing the intellectual property rights of Service Provider and/or others; however, Service Provider has no responsibility for content on other websites, applications or social media platforms that you may find or access when using the Site and/or Service Provider’s products or services. Material available on or through other websites, applications or social media platforms may be protected by copyright and the intellectual property laws of the United States and/or other countries  The terms of use of those websites, applications, or social media platforms, and not these Terms of Use, govern your use of that material.

Notice for Claims of Intellectual Property Violations and Agent for Notice

If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send our Agent for Notice of claims of copyright or other intellectual property infringement (“Agent”) a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:

  1. an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  1. identification of the copyrighted work or other intellectual property claimed to have been infringed;
  1. a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
  1. your address, telephone number, and email address;
  1. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; information, if possible, sufficient to permit Service Provider to notify the owner/administrator of the allegedly infringing webpage or other content; and
  1. a statement by you, made under penalty of perjury, that the 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. If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, you may send us a counter-notice. 

Notices and counter-notices must meet the then current statutory requirements imposed by the Digital Millennium Copyright Act; see  www.loc.gov/copyright. 

Notices and counter-notices should be sent to info@reisenbachfoundation.org

Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

PERMISSIONS.

If you are seeking permission to use JAR’s name, trademarks, logos, service marks, trade dress, slogans, screen shots, photographs, copyrighted designs, or other JAR-related elements, please contact info@reisenbachfoundation.org.

THIRD PARTY SITES.

The Site may contain links to websites and/or embed third party social media applications that are unrelated to us and are owned and operated by third parties (the “third-party sites or apps”). Service Provider does not make any representations or warranties about any third-party sites and apps you may access through this Site. These links and embedded applications are provided solely as a convenience to you and do not constitute an endorsement by Service Provider or imply that Service Provider sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites or apps. When you click on any link or social media application, you are leaving the Website. We are not responsible for anything relating to such other website or app or your access to or use of such website or app, including the contents of, or any products or services offered on, any third-party sites or apps.  You need to make your own independent decisions regarding your accessing or use of, interactions with, or communications with any other website or application.

SECURITY.

From time to time, we may use techniques designed to identify fraudulent activities.  You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud.  You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.

TERMINATION.

We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason.  We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability.

DISCLAIMER.

Your use and browsing of, and linking to third party websites and apps from, and any reliance by you upon, our Site is at your own risk. If you are dissatisfied with the Site or any Content, these Terms of Use, or with any of the terms, conditions, guidelines, rules or codes of conduct applicable to any area of the Site, your sole and exclusive remedy is to discontinue accessing and using the Site. SERVICE PROVIDER DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OF OTHER VIOLATION OF RIGHTS. FURTHERMORE, NEITHER SERVICE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY OR RELIABILITY OF THE USE OF THE CONTENT ON REISENBACHFOUNDATION.ORG OR OTHERWISE RELATING TO SUCH CONTENT ON ANY SITES OR APPLICATIONS LINKED TO THIS SITE. SERVICE PROVIDER DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES SERVICE PROVIDER WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE AND ANY PRODUCTS OR SERVICES FURNISHED ON THE SITE OR ON ANY WEBSITE OR APPLICATION ACCESSED THROUGH THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Service Provider’s liability is limited to the greatest extent permitted by law.

NEITHER JAR NOR ANY OF ITS, DIRECTORS, OFFICERS, EMPLOYEES, SPONSORS, UNDERWRITERS, DONORS, GRANTEES, CONTRACTORS, REPRESENTATIVES, ATTORNEYS OR AGENTS WILL BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES OR APPLICATIONS, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING THE SITE.

You specifically acknowledge and agree that Service Provider and its directors, officers, employees, sponsors, underwriters, donors, grantees, contractors, representatives, attorneys and agents are not liable for and shall not be liable for any defamatory, offensive or illegal conduct of any user. In addition, while Service Provider intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, Service Provider does not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, or any website or application accessed through the Site will be free of viruses, robots, spiders or other destructive materials and Service Provides shall not be liable for any viruses or other destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing on the Site or the server that makes it available, your downloading of any Content from the Site, or your accessing of any other website or application through the Site.

Service Provider will also not be responsible for delays or failures in performing any obligations under these Terms of Use, whether or not due to any cause beyond our reasonable control.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SERVICE PROVIDER OR ITS RELATED PARTIES OR ITS CONTENT OR SERVICE PROVIDERS, DIRECTORS, OFFICERS, EMPLOYEES, SPONSORS, UNDERWRITERS, DONORS, GRANTEES, CONTRACTORS, ATTORNEYS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) EVEN IF SERVICE PROVIDER AND/OR SUCH PARTY/PARTIES HAVE BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.

Service Provider has not reviewed all of the sites or applications linked to or embedded in reisenbachfoundation.org and neither Service Provider nor any of the parties listed in the preceding paragraph is responsible for the contents of any such linked site or embedded application. The inclusion of a link or the embedding of an application does not imply endorsement by Service Provider of the site or application. Use of such linked website or embedded application is at your own risk.

YOUR RESPONSIBILITIES.

IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. “TECHNICAL DISRUPTION” MEANS DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE OR SO-CALLED “EASTER EGGS” AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS’ FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF UNSOLICITED MATERIALS, USER GENERATED CONTENT AND ANY OTHER MATERIALS BY YOU.

INDEMNITY.

Without limiting any other provision contained in these Terms of Use, you hereby agree, at your own expense, to indemnify, defend and hold harmless Service Provider and its directors, officers, employees, sponsors, underwriters, donors, grantees, contractors, representatives, attorneys, agents and related parties, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or relating to (i) any User Generated content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site (including linking to any other website or use of any embedded application), (iii) activity that occurs under your account; or (iv) your infringement or violation of any laws, rules, restrictions or regulations applicable to the Site; and/or (v) any fraud or manipulation, or other breach or alleged breach of the terms of these Terms of Use. Service Provider reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by Service Provider in the defense of any claim. In any event, you shall not settle any matter without the written consent of Service Provider.

Without limiting anything set out above, you hereby release each of the indemnified parties from all damages, liability, claims, actions, demands and costs of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with these Terms of Use, our Privacy Policy http://www.reisenbachfoundation.org/privacy-policy/and/or any use by you of the Site. If you are a California resident, you expressly waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

UNSOLICITED MATERIALS.

Service Provider does not solicit, nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through the Site or Service Provider’s mail addresses, or in any other way. Please note that any information, materials, suggestions, ideas, comments or media (collectively, the “Unsolicited Materials”) sent to Service Provider in any manner or media will be deemed non-confidential and non-proprietary, even if marked “confidential” or “propriety” or with any other similar notation. Without limiting the foregoing, Unsolicited Materials includes, but is not limited to, ideas; formats; business plans; proposals; treatments; outlines; text; photographs; designs; artwork; or any materials for books, television, websites, applications, articles, retail, technology or other business or artistic endeavors, products, services, or for any other purpose whatsoever. By submitting or sending any Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials, and you agree to waive any “moral rights” you may have in the Unsolicited Materials. Our receipt of such Unsolicited Material is not an admission by us that it is novel, that you have priority with respect to its originality or that it is protectable by law. In addition, we retain all the rights held by members of the general public with regard to your Unsolicited Materials, including any ideas that are the basis thereof or that are embodied therein.

USER’S GRANT OF LICENSE IN USER GENERATED CONTENT AND UNSOLICITED MATERIALS.

By communicating with Service Provider, including submitting or sending Unsolicited Materials, User Generated Content or other information or material to the Site or to Service Provider (or any related person or entity) by email, regular mail or otherwise, you grant Service Provider the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials and/or User Generated Content (in whole or part) and otherwise exploit the Unsolicited Materials and User Generated Content, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials or User Generated Content, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution or compensation to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Service Provider. You represent and warrant that by submitting the Unsolicited Materials or User Generated Content you agree to waive any “moral rights” you may have in the Unsolicited Materials or User Generated Content.

For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials or User Generated Content you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Service Provider, and in connection with Service Provider’s exercise of any other rights granted hereunder as Service Provider determines in its sole discretion.  You hereby release Service Provider from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, User Generated Content, or your image, photo, likeness, voice and performance as set forth in this Agreement.

MODIFICATION OF SITE TERMS OF USE AND/OR PRIVACY POLICY

Service Provider may revise these Terms of Use or the Privacy Policy located at http://www.reisenbachfoundation.org//privacy-policy/ at any time without notice. By using this website, you are agreeing to be bound by the then current terms of these Terms of Use and the Privacy Policy.

GOVERNING LAW AND LIMITATION OF ACTIONS.

The terms of these Terms of Use and any additional terms, conditions, guidelines, rules and codes of conduct applicable to any specific area of the Site shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce these Terms of Use or any such additional terms, conditions or guidelines, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of these Terms of Use or any such additional terms, conditions, guidelines, rules and codes of conduct, may be brought by either party more than one (1) year after the cause of action has arisen.

MISCELLANEOUS.

These Terms of Use, together with any additional terms, conditions, guidelines, rules and codes of conduct set forth in any specific area of the Site, set forth the entire agreement between the parties with regard to the subject matter hereof.  No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of Agreement, except as referenced herein.  This Agreement may be only amended as set above.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.  Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement.  Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement.  This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  Section headings are for convenience only and have no legal or contractual effect.  All rights not expressly granted herein are reserved.

CONTACT US. For all inquiries, contact:info@reisenbachfoundation.org

IF YOU DO NOT AGREE TO ALL OF THE FOREGOING TERMS OF USE OR ARE NOT AUTHORIZED TO AGREE TO THESE TERMS OF USE, PLEASE EXIT THE SITE.

Posted June 25, 2020

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