Terms of Use

General

The Website, at http://www.silvercentury.org (the “Site”) is owned and operated by the Silver Century Foundation (the “Foundation”). Accessing the Site in any manner constitutes use of the Site. Your use of our site or your provision to us of any content or personal information constitutes your agreement to the Terms of Use, our Privacy Policy, and any additional terms and conditions that may apply to specific sections of the Site.

We reserve the right to modify these Terms of Use at any time, in which case the revised Terms of Use will appear on the Site. Continued use of the Site after we post any such changes will constitute your acceptance of the Terms of Use, as modified.

Your failure to follow these Terms of Use may result in suspension or termination of your access to the Site, without notice.

Intellectual Property Rights

(A) Limited License. This Site and all the materials contained on it are our property and are protected by copyright, trademark, and other intellectual property laws. We provide the Site for personal noncommercial use only. You may not use this Site or the materials on it in any manner that violates the privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other rights belonging to us or a third party. Unless authorized in these Terms of Use or by the owner of the materials (see [C] Copyright Infringement, below), you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. Information about permission to reproduce or distribute materials from the Site can be obtained by emailing us at inquiries@silvercentury.org.

(B) Your License to Foundation. By posting or submitting any material (including, without limitation, text, photos, and videos) to the Site, you represent and warrant: (i) that you are the owner of the material, or that the owner of the material has consented to your use of it; and (ii) that you are 13 years old or older. You will be solely responsible for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any uploading, posting, or submission.

When you submit or post material, you grant to us the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display it (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology.

(C) Copyright Infringement. All rights in text, photographs, illustrations, artworks, and other graphic material are reserved to the Silver Century Foundation and/or the copyright owners. Prior permission to use, reproduce, or reprint any photograph, illustration, artwork, or other graphic material must be obtained from the copyright owner, regardless of the intended use. The text materials contained in this Site may be reproduced, downloaded, disseminated, or transferred, for single use, or by nonprofit organizations for educational purposes, if correct attribution is made to the Silver Century Foundation. The text materials contained in this Site may not be modified in any way.

The Silver Century Foundation is committed to full compliance with US copyright law on this Site. If you are a copyright owner and believe that material on this Site infringes your rights, please send written notice to the Silver Century Foundation, 301 N. Harrison Street, Suite 112, Princeton, New Jersey 08540, or email to inquiries@silvercentury.org Include:

• Description of the copyrighted work or intellectual property
• Description of where the material is on this website
• Your contact information including address, telephone number, and, email address
• Statement, under penalty of perjury, that you are the copyright or intellectual property owner
• Signature of the person authorized to act

We maintain the right to cease and desist using the item in question on the website without further reparation.

Use of the Site and Interactive Areas

This Site may have Interactive Areas including, but not limited to, blogs, comments, and areas that allow uploading of user-generated content (the “Interactive Areas”). We do not control the messages, information, or files that you or others may provide through the Site. This Site, including its Interactive Areas, shall be used for lawful purposes only. You shall not:

1. Restrict or inhibit any other user from using or enjoying the Site;
2. Post or transmit any material that violates our rights or the rights of others, including, without limitation, privacy rights, publicity rights, copyrights, trademark rights, patent rights, contract rights, or any other right;
3. Use the Site to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
4. Interfere with or disrupt any servers or networks used to provide the Site or its features, or disobey any requirements, procedures, policies, or regulations of the networks we use to provide the Site;
5. Use the Site in an unlawful, threatening, or abusive manner, including, without limitation, to promote racism, bigotry, hatred, or physical harm of any kind against any group or individual;
6. Gain unauthorized access to the Site, or any account, computer system, or network connected to this Site, by means such as hacking, password mining, or other illicit means;
7. Obtain or attempt to obtain any materials or information not intentionally made available through this Site;
8. Post or transmit any vulgar, obscene, or otherwise objectionable information of any kind, including, without limitation, any transmissions that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
9. Use the Site to post or transmit any information, software, or other  material that contains a virus or other harmful component;
10. Post, transmit, or in any way exploit any information, software, or other material for commercial purposes;
11. Engage in advertising or commercial solicitation of any product or service, or solicit donations of any kind on the Site, without our written consent; or
12. Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site.

We shall have the right, but no obligation, to monitor the content of the Interactive Areas of the Site to determine compliance with this Agreement and any other operating rules we establish. The Foundation reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in the Foundation’s sole discretion are objectionable or in violation of these Terms of Use. Notwithstanding this right, users shall remain solely responsible for the content of their messages. The Foundation reserves the right to terminate your access to the Interactive Areas upon breach of these Terms of Use.

We neither endorse nor are responsible for the accuracy or reliability of any opinion, advice, or statement in the Interactive Areas of the Site. Under no circumstances will we be liable for any loss or damage of any kind caused by reliance on information obtained through postings in the Interactive Areas of the Site. We are not responsible for any offensive, defamatory, or obscene posting made in the Interactive Areas of the Site. Neither we nor any third-party content provider shall assume or have any liability for any action or inaction by us or any third-party content provider with respect to any conduct, communication, or posting in the Interactive Areas of the Site.

To access certain features of the Site, you may need a username and password. We may ask you to create a user profile and provide personally identifiable information such as your name and email address. When you complete your user profile, you agree to present accurate information. When you register, you agree to choose an appropriate username. The Silver Century Foundation will remove any information we discover to be inaccurate or inappropriate. You agree not to give your password to anyone else and not to use another member's account to post content on the Site. Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

You are responsible for maintaining the confidentiality of the password and account and are responsible for all activities (whether by you or by others) that occur under your password or account. You will notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your password or account by a third party.

Disclaimers

INFORMATION ON THIS SITE IS NOT MEDICAL ADVICE AND ANY INFORMATION OR MATERIALS POSTED ON THIS WEBSITE IS PROVIDED FOR EDUCATIONAL AND ENTERTAINMENT PURPOSES ONLY. IT IS IN NO WAY INTENDED TO DIAGNOSE, CURE, OR TREAT ANY MEDICAL OR OTHER CONDITION. ALWAYS SEEK THE ADVICE OF A HEALTH-CARE PROFESSIONAL FOR ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, THE SILVER CENTURY FOUNDATION AND THIRD-PARTY PROVIDERS DISCLAIM ANY LIABILITY OR LOSS IN CONNECTION WITH THE CONTENT PROVIDED ON THIS SITE.
 
THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BLOGS OR THE SERVERS THAT MAKE THE SITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE EXPRESSLY DISCLAIM LIABILITY FOR ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, OR BY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, MALWARE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. EACH USER SPECIFICALLY ACKNOWLEDGES THAT WE ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, SUBSCRIBERS, MEMBERS OR OTHER USERS OF THE INTERACTIVE AREAS OF THE SITE AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH EACH USER.

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CORRECTNESS, ACCURACY, TIMELINESS, OR RELIABILITY OF THIS SITE OR THIRD-PARTY SITES. USE OF ANY INFORMATION ON THE SITE OR THIRD-PARTY SITES IS AT THE USER’S OWN RISK. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE.

Third-Party Sites

The Foundation may provide links to third-party websites for related information solely as a convenience for you. The Foundation does not control these linked websites and makes no guarantees as to their content. The inclusion of any link does not imply the Foundation's endorsement or sanction of the linked website.

Anyone linking to the Silver Century Foundation Site must comply with the Foundation’s Site Linking Requirements (see next section) and all applicable laws.

If you link to the Silver Century Foundation website, your website:

• Should not imply that the Silver Century Foundation is endorsing you or your products
• Should not imply an affiliation between your organization and the Silver Century Foundation without prior written consent of the Foundation
• Should not misrepresent your relationship with the Silver Century Foundation or present false or misleading impressions about the Silver Century Foundation’s activities, publications, programs or services
• Should not contain materials that may be interpreted as distasteful or offensive

Before linking to the Silver Century Foundation website, please contact us at inquiries@silvercentury.org.

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING ITS MATERIALS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL WE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR RELATED ONLINE SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE INTERACTIVE AREAS, OR OUT OF THE BREACH OF ANY WARRANTY.

IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT, MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

Termination

We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

Other Terms

The Foundation makes no representation that materials on the Site are appropriate, available, or legal in any particular location. Those who choose to access the Site do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the State of New Jersey applicable to contracts to be wholly performed therein, and any action based on, relating to, or alleging a breach of this Agreement must be brought in a state or federal court in New Jersey. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.

This agreement constitutes the entire agreement between us and you with respect to the subject matter contained in this agreement and supersedes all previous and contemporaneous agreements, proposals, and communications, written and/or oral. If any provision of this agreement shall be found 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.