The Secure World Foundation website located at www.swfound.org (redirected from www.secureworldfoundation.org) (the "Site") is owned by the Secure World Foundation. Secure World Foundation/swfound.org ("we," "us," or "our") provides access to our website subject to your acceptance of this Website User Agreement ("Agreement").
1. Acceptance of Terms
By accessing or using the Site, you agree to be bound by the terms of this Agreement. You agree to use swfound.org and its Services in a manner consistent with all applicable laws and regulations and in accordance with the Terms and Conditions outlined below and otherwise set forth on swfound.org. We encourage you to review this Agreement periodically for any updates or changes. If you do not accept the terms of this Policy, please do not use this Site.
3. Downloading Materials From The Site
You understand that Secure World Foundation, via swfound.org, cannot and does not guarantee or warrant that materials available for downloading from the Site, including without limitation, links, will be free of infection or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy and security of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.
4. Intellectual Property
The contents of the Site, such as text, graphics, logos, audio clips, video, photographs, software, trademarks, and other information (the "Proprietary Content") is, unless otherwise noted, the property of swfound.org/secureworldfoundation.org, Secure World Foundation, its affiliates, partners, or contributors. The Proprietary Content is protected by federal, state and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or hereinafter developed. You may print and download portions of material from the different areas of the Site solely for your non-commercial personal use; however, all copyright notices should be retained. No portion of the Proprietary Content may be reprinted, republished, modified, or distributed in any form without the express written permission of Secure World Foundation (swfound.org) as noted below. The only exclusion is for materials designated as downloadable files. You may not reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell, distribute, license or create derivative works of any of the Proprietary Content. You may not make any unauthorized copies of any Proprietary Content.
To request permission to use material from the Site, as required by the preceding restrictions, contact firstname.lastname@example.org. Please include the subject line "Request for permission to use material from swfound.org" in a prominent location.
Certain Proprietary Content may be licensed from third parties and all such third party content and all intellectual property rights related to the third party content belong to the respective third parties. In addition, certain trademarks are the property of their respective third party owners, and the use of trademarks, logos, or brand names in the Site are for identification purposes only, and does not imply an endorsement by swfound.org or The Secure World Foundation of the trademark owner, or vice-versa, or that such trademark owner has authorized swfound.org to promote its products, services, or content. You may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Site or the Proprietary Content. Any rights not expressly granted by this Agreement, or any applicable end-user license agreements, are reserved by swfound.org and Secure World Foundation.
Except as expressly provided above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, copyright or trademark of swfound.org, the Secure World Foundation or any third party.
5. Links to Other Websites
Any links to other websites are provided merely as a convenience to the users of this Site. Secure World Foundation, via swfound.org, has not reviewed all of these other websites, has no responsibility for the content of such other sites, shall not be liable for any damages or injury arising from any such content, and does not endorse or make any representations about these websites, any information or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of these other sites linked to this Site, you do so entirely at your own risk.
6. Acceptable and Lawful Use of the Site
Any information provided by you in connection with use of the Site: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (d) shall not infringe on any swfound.org, Secure World Foundation, or third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for swfound.org or cause us to lose the services of our Internet service providers or other suppliers. You may not take any action that imposes an unreasonable burden upon the infrastructure used to support the Site, including but not limited to unsolicited e-mail, also called spam.
7. NO WARRANTIES
THE SITE AND THE CONTENT AND SERVICES MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
SWFOUND.ORG AND THE SECURE WORLD FOUNDATION DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE SITE CONTENT, ANY ADVICE OR SERVICES PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. SOME STATES MAY NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. SWFOUND.ORG AND SECURE WORLD FOUNDATION DO NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.
8. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL SWFOUND.ORG, SECURE WORLD FOUNDATION, THEIR PARTNERS, CONTRIBUTORS, AGENTS, EMPLOYEES, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE SITE OR PROVIDING CONTENT, ADVICE, PRODUCTS OR SERVICES THROUGH THE SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) THAT RESULT FROM: (I) THE USE OF OR INABILITY TO USE THE SITE; (II) ANY INACCURACIES OR OMISSIONS IN THE CONTENT; (III) USE OF THE CONTENT; (IV) THE COST OF PROCURING SUBSTITUTE MERCHANDISE, ADVICE AND SERVICES RESULTING FROM USE OF THE SITE; (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (VI) STATEMENTS, ADVICE, WARRANTIES, GUARANTEES OR CONDUCT OF SWFOUND.ORG, THE SECURE WORLD FOUNDATION, OR ANY THIRD PARTY ON THE SITE, OR (VII) ANY OTHER MATTER RELATING TO THE USE OF THE SITE.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, ADVICE, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE SITE. IN NO EVENT SHALL SWFOUND.ORG AND THE SECURE WORLD FOUNDATION'S TOTAL CUMULATIVE LIABILITY UNDER THESE TERMS EXCEED THE LESSER AMOUNT OF ANY FEES PAID TO SWFOUND.ORG, IF ANY, FOR THE USE OF THE SITE BY YOU OR $1.00.
BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE LEAST AMOUNT PERMITTED BY LAW. THE LIMITATIONS OF LIABILITY PROVIDED IN THIS AGREEMENT INURE TO THE BENEFIT OF SWFOUND.ORG, SECURE WORLD FOUNDATION, AND THEIR AFFILIATES, PARTNERS, CONTRIBUTORS, OFFICERS, DIRECTORS, EMPLOYEES, ASSIGNS, ATTORNEYS AND AGENTS.
You agree to indemnify, defend and hold swfound.org, Secure World Foundation, and their affiliates, partners, contributors, officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including reasonable attorney's fees) resulting from (i) your use of the Site, (ii) your use of, or reliance on the information provided through the Site, or (iii) your breach of any provision of this Agreement. Secure World Foundation/swfound.org reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Secure World Foundation/swfound.org in asserting any available defenses.
10. Policy Regarding Copyright Infringement and Designation of a Copyright Agent
Secure World Foundation/swfound.org's policy regarding copyright infringement and swfound.org's designated agent for receipt of copyright infringement claims pursuant to the Digital Millennium Copyright Act (17 USC § 512) is incorporated herein and follows below:
Secure World Foundation/swfound.org respects the intellectual property rights of others and requires those that visit our web site to do the same. Secure World Foundation/swfound.org may, in appropriate circumstances and at its discretion, remove or disable access to material on its web site that infringes upon the copyright rights of others. Secure World Foundation/swfound.org also may, at its discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any visitors to our website or users of our network repeatedly infringe on others copyrights, we may in our sole discretion terminate those individuals' rights to use our website and/or network.
If you believe that your work has been used on our web site in any manner that constitutes copyright infringement, please notify Secure World Foundation/swfound.org copyright agent by written notice. The notice should include the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
A description of the copyrighted work you claim has been infringed, including a copy of the copyrighted work or the web page address where the copyrighted work may be found;
Identification of the location on our website or network of the material you claim has been infringed, or the link or reference to another website that contains the material you claim has been infringed;
Your name, address, telephone number and email address;
A statement by you that you have a good faith belief that the disputed use of the material at issue is not authorized by the copyright owner, the agent of the copyright owner or the law; and
A statement by you that the information in this notification is accurate and a statement, under penalty of perjury, that you are the copyright owner of the material allegedly infringed or authorized to act on the copyright owner's behalf.
For notice of claims of copyright infringement on this website please email: email@example.com.
11. System Outages
Swfound.org periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Secure World Foundation/swfound.org shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, misdelivery or nondelivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.
This Site does not knowingly collect any personal information from children under the age of 13. If you are under 13, you agree that you will not provide personal information about yourself to Secure World Foundation/swfound.org through the Site.
13. Governing Law
14. Choice of Forum
You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of Colorado and of the United States of America located in the State of Colorado for any litigation or disputes arising out of or relating to use of the Site and not to commence any litigation relating thereto except in such courts. You hereby irrevocably and unconditionally waive any objection to the establishment of venue of any such litigation in the Courts and agree not to plead or claim in any State of Colorado Court that such litigation brought therein has been brought in an inconvenient forum.
15. International Users
16. Severability; No Waiver; Assignment; Third Party Beneficiary Rights; Entire Agreement
In the event that one or more portions of this Agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this Agreement. Any delay or failure by Secure World Foundation/swfound.org, at any time or times, to require performance of any provision hereof shall in no manner affect Secure World Foundation/swfound.org's right at a later time to enforce such provision. No delay or failure by Secure World Foundation/swfound.org in exercising any right hereunder shall constitute a waiver of such right or any other rights hereunder. You may not assign your rights or delegate your responsibilities hereunder without the express written permission of Secure World Foundation/swfound.org. Secure World Foundation/swfound.org may, at any time, assign its rights or delegate its obligations hereunder without notice to you. No person who is not a party to this Agreement is intended to be a beneficiary of this Agreement, and no person who is not a party to this Agreement shall have any right to enforce any term of this Agreement. This Agreement and any documents expressly incorporated by reference constitute the entire agreement between Secure World Foundation/swfound.org and you pertaining to the subject matter hereof and supersede all prior agreements, whether oral or written, and documents regarding your use of the Site.
The headings used throughout this Agreement are solely for the convenience of reference and are not to be used as an aid in the interpretation of this Agreement.
18. Updates and Modifications
In its sole discretion, Secure World Foundation/swfound.org may unilaterally amend or modify this Agreement or any other documents referenced herein at any time by posting the amended Agreement on the Site. Any amended or modified terms will be effective upon posting. Continued use of the Site constitutes acceptance of any modified terms and conditions. If you have any questions about this Agreement, contact us at firstname.lastname@example.org
Secure World Foundation/swfound.org may immediately issue a warning, suspend or terminate your access to the Site for breach of this Agreement (or any other agreement or policy incorporated by reference hereto), or for any other reason in our sole discretion.
© 2010-2014 Secure World Foundation and swfound.org. All rights reserved.