The Tapolci Foundation
The terms, condition and provisions below (“Provisions”) are a binding legal contract between you (“You” either an individual or a legal entity) and The Tapolci Group (the “Foundation”). These Provisions govern your access to and the use of this website and any software, programs, services, tools, features, databases, materials, content or information available through it or used in connection with it (collectively, the “Site”). By downloading, accessing or using any part of the Site, You are bound by these Provisions. If You do not agree to these Provisions or any part thereof, You are not granted any right to use or access the Site and You must cease any use of the Site.
The Foundation may modify any and all parts of these Provisions at any time, which shall become effective immediately upon posting. It is your responsibility to review these Provisions prior to each use of the Site. By continuing to use the Site, you agree to all changes.
SITE ACCESS AND USE LICENSE
The Site and its content is owned or controlled by The Foundation, its affiliates and licensors, and may be protected by copyright, trademark, service mark, trade name and other intellectual property rights. The Site is licensed to you, not sold. Except for the limited license granted in these Provisions, The Foundation and its licensors retain all right, title and interest in the Site and all proprietary rights in the Site, including copyrights, patents, trademarks and trade secret rights.
Notwithstanding anything herein, The Foundation may change, suspend, or discontinue any aspect of the Site or your access thereto at any time for any or no reason or notice.
1. GRANT OF LICENSE. The Foundation grants You a personal, revocable, nontransferable, nonexclusive license to use the Site for personal, non-commercial purposes, conditioned on your continued compliance with the terms of these Provisions.
2. LIMITATIONS ON LICENSE. The license granted to you in these Provisions is restricted as follows:
(a) Limitations on Use. You may use and access the Site solely for your personal, non-commercial use. All use of the Site must be in accordance with these Provisions. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Site or any contents, information, data or materials provided through the Site in any manner not expressly permitted by these Provisions or the Site. You may not assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Site, or directly or indirectly permit any third party to use or copy the Site. You may not: (i) use any automatic device, program, script, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Site or in any way reproduce or circumvent the navigational structure or presentation of the Site to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Site; (ii) attempt to gain unauthorized access to any portion or feature of the Site, including without limitation, the account of any other authorized user or any other systems or networks connected to the Site or to any server used by The Foundation or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Site or any network connected to the Site, or breach the security or authentication measures on the Site or any network connected to the Site; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Site; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or systems or networks of The Foundation or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person’s use of the Site; (viii) use the Site to harvest or collect e-mail addresses or other contact information; (ix) market, co-brand, private label, separately distribute, resell or otherwise permit third parties to access and use the Site without the express, separate and prior written permission of The Foundation; (x) create an intact reproduction of a page or pages of the Site into another website; or (xi) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact The Foundation.
(b) Non-Solicitation. You may not post or transmit through the Site any material which contains advertising or any solicitation with respect to products or services;
(c) Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify or create works derivative of the Site or any materials accessed through the Site;
(d) Proprietary Notices. You may not remove any proprietary notices (e.g., copyright and trademark notices) or labels from the Site or on any materials accessed through the Site;
(e) Compliance with Applicable Law. You are solely responsible for ensuring your use of the Site is in compliance with all applicable foreign, Federal, state and local laws, and rules and regulations;
3. USER OBLIGATIONS. By downloading, accessing, or using the Site in order to view information and materials or submit Material (as defined below) of any kind, you represent that You: (i) are at least 18, or between the ages of 13 and 17 and using the Site with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended or terminated by The Foundation; and (iii) are not using another authorized user’s account without his/her permission.
4. YOUR SUBMISSION OF CONTENT. The Site may contain comment areas, questionnaires, tools, and other interactive features where You can upload and display content, information, postings, materials, including without limitation, statements, photographs, video and other images (collectively “Material”). You are solely responsible for any Material you provide. By submitting Material to the Site, you warrant that you have all necessary rights to grant, and automatically grant to The Foundation and its affiliates, a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or developed in the future. You also permit any other users of the Site to access, view, store or reproduce your Material and content for that user’s personal, non-commercial use. The Foundation will not be required to treat any Material as confidential, and You further grant to The Foundation the right to edit, copy, display, publish and distribute any Material made available via the Site by You, without compensation to You or any other party submitting the Material for You. Notwithstanding the right and license, by merely permitting your Material to appear on the Site, The Foundation is not a publisher of such Material, and is merely functioning as an intermediary to enable you to provide and display Materials. Moreover, and except as provided in these Provisions with respect to the right and ability of The Foundation to delete or remove Material, The Foundation does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Material displayed, uploaded, linked-to or distributed by You or any other user. You agree that by using the Site, you will not post or transmit any of the following:
a) Anything that interferes with or disrupts the Site or its operation;
(b) Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing;
(c) Unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
(d) Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
(e) Materials that harm minors;
(f) Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent your affiliation with any entity;
(g) Files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, network, or the Site.
5. OTHER TERMS AND CONDITIONS. Additional notices, terms, policies, rules and conditions may apply to receive particular services, participate in a particular program, training, or other aspects of the Site, all of which are made a part of this Provisions by this reference. If there is a conflict between these Provisions and the terms posted for or applicable to a specific portion of this Site, the latter terms shall control with respect to your use of that portion of the Site.
6. LINKS TO OTHER SITES. The Foundation may provide links, in its sole discretion, to other sites on the World Wide Web. The Foundation is not responsible for the availability of these outside resources or their contents. The Foundation expressly disclaims any responsibility for the content, materials, accuracy of information and/or the quality of the products or services provided by, available through, or advertised on these third-party sites, or the products or services provided by any third party.
7. PASSWORDS; SECURITY. Registration or access to this Site may require both a user name and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that The Foundation, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that you shall have no ownership or other property interest in your account and/or user name, and you further acknowledge and agree that all rights in and to your user name and account are and shall forever be owned by and inure to the benefit of The Foundation. Failure to comply with the foregoing shall constitute a breach of these Provisions, which may result in immediate suspension or termination of your Authorized User Credentials. The Foundation will not be liable for any loss or damage arising from your failure to comply with these obligations. The Foundation reserves the right to delete or change Authorized User Credentials (with notice) at any time and for any reason.
8. TERMINATION. These Provisions and your license to use the Site will take effect the moment you install, access, or use the Site and will be in effect until terminated as set forth herein. This license will automatically terminate in the event you breach any of its terms. Termination will be effective without notice. You may terminate these Provisions at any time by ceasing to use the Site. All applicable provisions of these Provisions as identified below will survive termination. Upon termination, you must destroy all copies of any aspect of the Site in your possession. The following will survive termination of these Provisions for any reason: (i) the General section below; (ii) these Provisions concerning rights in your Materials that You have granted to The Foundation; (iv) The proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
Notwithstanding anything herein, The Foundation may change, suspend, or discontinue any aspect of the Site or your access thereto or use thereof at any time for any or no reason or notice.
9. WARRANTY DISCLAIMER. YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK AND YOU ASSUME ALL RISK. THE SITE IS PROVIDED ON AN “AS AVAILABLE,” “AS IS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FOUNDATION AND ITS LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOUNDATION DOES NOT WARRANT THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. YOU SPECIFICALLY ACKNOWLEDGE THAT THE FOUNDATION IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FOUNDATION OR ITS SUPPLIERS/LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF THE FOUNDATION AND ITS SUPPLIERS/LICENSORS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SITE.
Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to you.
11. OTHER DISCLAIMERS.
(a) The Site and the information contained herein is provided for informational and educational purposes only, and could include technical inaccuracies or typographical errors.
(b) Information on the Site is provided with the understanding that The Foundation is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
12. MONITORING. The Foundation has the right, but not the obligation, to monitor the content of the Site (including any social or chat forum or tools, services or functions that enable the sharing, display or performance of any Material), to determine compliance with these Provisions and any operating rules established by The Foundation and to satisfy any law, regulation or authorized government request. The Foundation has the right and sole discretion to edit, refuse to post or remove any Material submitted to or posted on or within the Site, including, without limitation, the right to remove any Material that The Foundation, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
13. INDEMNIFICATION. You agree to indemnify, defend and hold The Foundation and its affiliates and its and their respective governors, directors, officers, employees and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site.
15. TRADEMARK INFORMATION. All trademarks displayed on this site or through links to other sites are the property of the respective trademark owners.