1. Rights in the Content You Submit
Rights Granted to the Foundation
Unless specified below or as provided in the Special Circumstances, any copyrightable Content created by you and provided, posted, uploaded, or submitted to the Site remains owned by you. However, by providing Content to the Site, you grant the Foundation a nonexclusive, irrevocable, royalty-free, worldwide license to use, reproduce, display, distribute, perform, and promote your content for our purposes as the Foundation. This specifically applies to your Content posted on the following or other Foundation sponsored sites (collectively, “Foundation Sites”):
No part of these portions of the Site, either text or image may be used for any purpose other than personal use. Therefore, reproduction, modification, storage in a retrieval system or retransmission, in any form or by any means, electronic, mechanical or otherwise, for reasons other than personal use, is strictly prohibited without prior written permission.
Rights Granted to Other Foundation Users
All Content you post on the following Foundation Sites is made available to other Users under the terms of an Attribution-NonCommercial-ShareAlike 4.0 International (CC BY-NC-SA 4.0) (“Creative Commons License”).
Under the Creative Commons License, you permit other Users to copy, distribute, display and perform your Content, royalty-free, on the condition that they credit your authorship each time they do so. You also permit Users to create and distribute derivative works of your Content, but only if they do so under the same Creative Commons License that governs your original Content. You agree that the Foundation may make your Content available to other Users, subject to such Users agreeing to comply with the terms of the Creative Commons License. While the Foundation will notify Users that use of your Content is governed by the Creative Commons License, you agree that it is not the Foundation’s responsibility to enforce the Creative Commons License with respect to your Content and that if there is a dispute between you and any other User regarding the Creative Commons License or any of your Content, such dispute is solely between you and such User and the Foundation has no obligation to become involved in such dispute.
All content you post on Extension Foundation websites (sites using extension.org domain) not listed above is copyrighted with all rights reserved.
When publicly displaying, reproducing or distributing copies of your Content, or your Content as incorporated into a collective work, the Foundation will make best efforts to credit your authorship. You grant permission to the Foundation and to all other Foundation Users to use your name for such attribution purposes. You, likewise, agree to represent yourself accurately. You acknowledge that misrepresentation may lead the Foundation, in its sole discretion, to cancel your use of and access to the Site and any Service, and delete any of your Content.
You may post Content freely, so long as your Content: (a) does not violate these Terms, or any requirements under applicable laws, rules, and regulations; (b) is not libelous, defamatory, obscene, threatening, or an invasion of privacy; (c) does not constitute an infringement, misappropriation, or violation of the intellectual property rights of any third party; or (d) is not or could not be spam, a part of a pyramid scheme, or a disruptive commercial message.
- By posting Content to the Site or any Service, you warrant and represent that: (a) you either own or otherwise control all of the rights to the Content, including all the rights necessary for you to post that Content, or necessary to allow the Foundation to use the Content as set forth in the rights and licenses you grant to the Foundation under these Terms, including in accordance with the Creative Commons License; (b) the Content does not infringe upon the rights of any third party, including, without limitation, intellectual property rights; (c) the Content is true, accurate, complete, adequate and current; and (d) the Content does not violate these Terms;
- You agree that: (a) you assume all risks associated with the use of or reliance on any Content you post by other Users or other third parties, including any reliance on the truthfulness, accuracy, completeness, adequacy or usefulness of the Content, or any disclosure of the Content that makes you, the Foundation, or any other User or other third party liable; (b) you assume all risks associated with your use of or reliance on any other Users’ Content, including any reliance on the truthfulness, accuracy, completeness, adequacy or usefulness of other Users’ Content; (c) the Foundation is not responsible or liable for, under any circumstance and in any way, for any errors or omissions, loss or damage of any kind incurred as a result of use of or reliance on any Content posted to the Site or any Services, or any deletion, correction, destruction, damage, loss or failure to store, restore or back-up any Content; and (d) you will be solely responsible for all Content that you post or generate through your access and use of the Site or Services. Without limiting the foregoing, you agree that you will be solely responsible for any liabilities resulting from:
- your use of or access to the Site, any Service or Content;
- any use or access to your Content by the Foundation or any other User or other third party;
- your violation of any applicable Laws; and
- your breach of any representation, warranty or other provision of these Terms.
You acknowledge that the Foundation does not pre-screen or regularly review posted Content, but that it will have the right to remove in its sole discretion any Content, without or without notice to Users, that it considers to violate these Terms.
You understand that all Content posted to the Site or any Service is the sole responsibility of the User who originally posted the Content. You understand, also, that all opinions expressed by Users of the Site or any Service are expressed strictly in their own capacities, and not as representatives of the Foundation. Unless otherwise stated, the Site and its Content are for your own informational, personal, noncommercial purpose only. The Content is not intended to be a substitute for personalized professional advice. For personalized information, contact a qualified professional familiar with your personal circumstance.
As a condition to accessing or using the Site, Content, or any Service, you may not, and will not permit any third party to: (a) access or attempt to access the Site, Content, or Service, except as expressly provided in these Terms; (b) access the Site, Content, or any Service in any unlawful manner or in any other manner that could damage the Site; (c) use automated scripts to interact with the Site; (d) distribute, perform, display, sell, resell, lend, loan, lease, license, sublicense, transfer, or in any way exploit or make available any of the Content or the Site, except as permitted in accordance with these Terms; (e) interfere with any security-related features of the Site, Content, or Services; or (f) reverse engineer, disassemble, or otherwise attempt to derive the method of operation of the Site or Services.
The Site may provide you with the choice to access certain Services developed, provided, or maintained by other third-party service providers (“Third Party Services”). The Foundation disclaims all liability for any content, services, or products available on or offered through such Third Party Services. In addition to these Terms, your access to and use of any Third Party Services is also subject to any other agreement you may agree to before being given access to the Third Party Services (“Third Party Service Agreement”). The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to these Terms, but will not apply to any other Services you may access through the Foundation. Except as set forth in these Terms, the terms of any Third Party Service Agreement will control in the event of a conflict between these Terms and that Third Party Service Agreement.
All trademarks, logos, and service marks displayed on the Site are the sole and exclusive property of the Foundation or its third party licensors, which may include Foundation Members, educational institutions, and/or other Users. You are not permitted to use these trademarks, logos, and service marks of the Foundation or its licensors without the Foundation’s prior written consent or the consent of such third party which may own the trademark, logo, or service mark. You must maintain in place all copyright, trademarks, and other proprietary rights notices contained on or in any copies of any Content.
3. Disclaimer of Warranties and Limitation of Liability
THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” THE FOUNDATION DOES NOT WARRANT OR GUARANTEE THE TRUTHFULNESS, ACCURACY, COMPLETENESS, ADEQUACY OR CURRENTNESS OF THE SITE OR ANY CONTENT OR SERVICES AND DOES NOT RECOMMEND OR ENDORSE THE CONTENT (INCLUDING DESCRIPTIONS OF SPECIFIC TESTS, PRODUCTS, PROCEDURES, OPINIONS, PROFESSIONALS, OR OTHER INFORMATION) THAT MAY BE PROVIDED THROUGH THE SITE. THE FOUNDATION EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, CONTENT, SERVICES AND OTHER SUBJECT MATTER OF THIS AGREEMENT, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT.
THE FOUNDATION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE USE OF THE SITE, CONTENT, OR SERVICES. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, THE FOUNDATION’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. You expressly agree that you use the Site, Content and Services solely at your own risk.
4. Equitable Relief
You agree that the Foundation has expended significant monetary resources to develop the Site, Content, and the Services, and that monetary damages would be inadequate to compensate the Foundation for any violation of these Terms. Accordingly, you agree and acknowledge that any such violation or threatened violation will cause irreparable injury to the Foundation and that, in addition to any other remedies that may be available, at law, in equity, or otherwise, the Foundation will be entitled to obtain injunctive relief against the actual or threatened violation of these Terms without the necessity of posting a bond or proving actual damages to the Foundation.
5. Termination and Suspension
The Foundation may suspend or permanently terminate in its sole discretion your access to or use of the Site, the Services or any Content (including your Content), with or without notice to you, upon any actual, threatened, or suspected violation of these Terms. Upon termination of your access for any reason: (a) all rights and licenses granted to you under these Terms will terminate; (b) you will immediately cease all use of and access to the Site and all Content and Services (including all Content you obtained prior to termination); and (c) the Foundation may, in its sole discretion, delete any of your Content held on its sites.
The Foundation reserves the right to change, at any time, in its sole discretion, these Terms. You are responsible for regularly reviewing these Terms. Your continued access to and use of the Site or any Service constitutes your agreement to these Terms, including any such changes.
Unless otherwise noted, the Foundation holds the copyright on all materials it publishes on the Site and available through the Services, whether in print or electronic form. In certain cases the work remains the intellectual property of the author(s) (see Special Circumstances, which is incorporated herein by reference). Content from conference speeches, presentations, blogs and feeds reflect the opinions of the author, and not necessarily those of the Foundation.
The Foundation respects the intellectual property of others and requires that its Users do the same. If you believe that your work has been copied and is accessible on the Site or through a Service in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you may request removal of the relevant material(s) (or access thereto) from the Site or the Service by contacting the Foundation’s Copyright Agent (identified below) and providing the following:
- Identification of the copyrighted work that you believe to be infringed and a description of the work, and where possible include a copy or the location (e.g., URL) or an authorized version of the work
- Identification of the material that you believe to be infringing and its location, and a description of the material, the URL or any other pertinent information that will allow the Foundation to locate the material
- Your name, address, telephone number, and email address
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law
- A statement that the information that you have supplied is accurate, and indicate that “under penalty of perjury” you are the copyright owner or are authorized to act on the copyright owner’s behalf
- A signature or the electronic equivalent from the copyright holder or authorized representative
The Foundation’s agent for copyright issues relating to this Site, any Content, or any Service is as follows:
Chief Operating Officer
c/o Bryan Cave Leighton Paisner, LLP
One Kansas City Place
1200 Main Street, Suite 3300
Kansas City, MO 64105-2122
9. Linked Sites
The Site, Content, or Services may contain links to third-party sites or content that are not under the control of the Foundation. If you access a third-party site or content from the Site or Services, then you do so at your own risk and the Foundation is not responsible for any content on any linked site. You may establish a link to the Site, provided that the link does not state or imply any sponsorship or endorsement of your site by the Foundation or any group or individual affiliated with the Foundation. You may not use on your site any Content or trademarks appearing on the Site in establishing the link. You may not frame or otherwise incorporate into another site the content or other materials on the Site without prior written consent.
10. Terms License
These Terms are the complete and exclusive understanding and agreement between the parties, and supersedes any oral or written proposal, agreement or other communication between the parties, regarding your access to and use of the Site, Content, and Services. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. The waiver of a breach of any provision of these Terms will not operate or be interpreted as a waiver of any other or subsequent breach. If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect. The parties are independent contractors, and nothing in these Terms will be construed as creating an employer-employee relationship, a partnership, or a joint venture between the parties. You may not assign or delegate, whether by operation of law or otherwise, these Terms or any of your rights or obligations under these Terms to any third party without the prior written consent of the Foundation. Any assignment in violation of the foregoing will be null and void, and will be considered a breach of these Terms. When referring to pages on the Site from another web site, please link to the web page from which individual files are linked, rather than to the individual files themselves (including PDFs, Powerpoints, word processed documents or graphics). Such files should never be directly linked to or copied from the Site for use on another web site. In these Terms, references to: (a) “includes,” “including,” “including but not limited to,” “including without limitation” and words or phrases of similar import will be considered to have the same meaning and the words “include(s)” and “including” will not be considered to be terms of limitation but rather be considered to be followed by the words “without limitation”; and (b) “or” has, except where otherwise indicated, the inclusive meaning represented by the phrase “and/or.”