OPUS I FOUNDATION
TERMS & CONDITIONS OF USE
Welcome to the website of Opus 1 Foundation located at www.opus1foundation.org. These terms and conditions of use (“Terms and Conditions”) apply to this website and any other websites under the control of Opus 1 Foundation (the “Website”), however the Website is accessed and/or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications) or downloads operated by Opus 1 Foundation (“we,” “us,” “our”) that are offered or made available by us. In addition to the Content (as defined below) on the Website and the services provided by us through the Website (“Services”), the Website may provide you with opportunities to submit Content and participate in various community Services.
By using our Website and the Services, you are accepting the practices described in these Terms and Conditions. We reserve the right to modify or amend these Terms and Conditions from time to time without notice. Your continued use of our Website following the posting of changes to these Terms and Conditions will mean you accept those changes. These Terms and Conditions incorporate by reference our Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you visit the Website.
1. Copyright, Ownership, and Creative Commons License
All of the content featured or displayed on the Website (“Content”) is owned by Opus 1 Foundation, its licensors and/or its Content providers. All elements of the Website, including without limitation the design and the Content, are protected by copyright, trademark and other laws relating to intellectual property. Unless otherwise designated, written content within the “Learning” and “News & Stories” sections of the Website are licensed to the public through the Creative Commons Attribution 4.0 International license. This license allows users to download or reproduce Content owned by us (that is not specifically restricted) from those sections of the Website and to share it, adapt it, transform it and build upon it for any purpose, so long as any such use: (a) includes appropriate credit to Opus 1 Foundation (or the applicable author); (b) contains a link back to opus1foundation.org as the original source of the work and a link to the Creative Commons Attribution 4.0 International license; and (c) indicates if changes were made to the original Content. You must obtain permission to the extent you would like to use Content from any other part of the Website, any photographs, illustrations, and videos available on the Website, or any Content designated as owned by a third party and not subject to a Creative Commons license. If you want to obtain information on permissions related to the Website, please contact us at contact@opus1foundation.org. You shall comply with all applicable law regarding your use of the Website and the Services. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
2. Trademarks
All trademarks, service marks, and trade names of Opus 1 Foundation (including, but not limited to, Opus 1 Foundation name and logo) or its partners, vendors, or licensors used on this website (collectively, “Marks”) are owned by Opus 1 Foundation or its respective partners, vendors, or licensors. You may not use any Marks without prior written permission from us or the applicable rights holders. Furthermore, you are prohibited from using the Marks:
(a) in connection with any product or service that does not belong to us;
(b) in any manner likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or
(c) in any manner that may harm our reputation.
Opus 1 Foundation strictly prohibits the use of its Marks as a “hot” link to or from any other website without prior approval. To request such approval, please contact us at contact@opus1foundation.org.
3. Submission Policy
Where Opus 1 Foundation specifically invites or requests information or materials to be submitted (e.g., submissions regarding events, grant proposals, job application materials, participation in communities, online posts, etc.) (“User Submissions”), such User Submissions are subject to our Privacy Policy and remain the intellectual property of the individual user, where applicable.
If you post a User Submission publicly on the website, you expressly grant Opus 1 Foundation a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide, and fully sublicensable right to use, reproduce, create derivative works from, distribute, publicly perform, and display the User Submission and (if applicable) your name, voice, and/or likeness as included in your User Submission, in whole or in part, in any form, and through any media now known or later developed.
All such User Submissions are deemed nonconfidential.
4. Inappropriate Materials and Submissions
You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties.
Opus 1 Foundation may reject any submissions or postings that it determines, in its sole discretion, involve such prohibited activities. If notified by a user of a submission that allegedly violates these Terms and Conditions, Opus 1 Foundation reserves the right, in its sole discretion, to determine whether a violation has occurred and to remove the offending submission or posting from the website.
Additionally, sending unsolicited email advertisements to the website, its users, or through voice computer systems is expressly prohibited under these Terms and Conditions. Any unauthorized use of our computer systems constitutes a violation of these Terms and Conditions and applicable “anti-spam” laws.
If we determine, in our sole discretion, that you have violated or are likely to violate these prohibitions, we may take any actions we deem necessary to address or prevent the violation, including the immediate removal of related materials from the website. We will fully cooperate with law enforcement authorities, court orders, or subpoenas requesting or directing us to disclose the identity of anyone posting such materials.
5. Framing this Website
Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.
6. Third-Party Links
From time to time, this website may contain links to websites that are not owned, operated, or controlled by Opus 1 Foundation. These links are provided solely as a convenience to you. If you use these links, you will leave this website.
Opus 1 Foundation is not responsible for any content, materials, or other information located on or accessible from any other website, nor for any products or services you purchase from other websites or any donations made through such websites. We do not endorse, guarantee, or make any representations or warranties regarding any other websites, their content, materials, or other information, the products or services obtained through them, or how donations made through such websites will be used.
If you choose to access any other websites linked to or from this website, you do so entirely at your own risk.
7. Account Registration and Security
You may need to create an account to access certain portions of the website or to make a User Submission. By using these portions of the website, you agree to:
(a) provide true, accurate, current, and complete information about yourself and your organization (if applicable) as prompted by the website’s registration form (“Registration Data”); and
(b) maintain and promptly update the Registration Data to ensure it remains true, accurate, current, and complete.
If you provide any information that is untrue, inaccurate, not current, or incomplete—or if Opus 1 Foundation has reasonable grounds to suspect such information—the foundation reserves the right to suspend or terminate your account and refuse any current or future use of the website (or any portion thereof).
You are entirely responsible for maintaining the security and confidentiality of your password and account. Additionally, you are solely responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other security breaches of which you become aware.
Opus 1 Foundation reserves the right to provide user account records, content, or use-related information under certain circumstances, such as in response to legal obligations, lawful processes, court orders, subpoenas, or warrants, or to protect the foundation’s rights, partners, or work.
8. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.
9. Force Majeure
Neither Opus 1 Foundation nor you shall be responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond their reasonable control, including, but not limited to: fire, lightning, explosion, power surges or failures, water, acts of God, war, revolution, civil commotion, acts of civil or military authorities, or public enemies; any law, order, regulation, ordinance, or requirement of any government or legal body or their representatives; labor unrest, including strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities, fuel, energy shortages, or acts or omissions of other common carriers.
10. Disclaimers
Your use of this website is at your own risk. The information, materials, and services provided on or through this website are offered “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
Opus 1 Foundation does not guarantee the accuracy or completeness of the information, materials, or services provided on or through this website. Such information, materials, and services may be outdated, and Opus 1 Foundation does not commit to or assume any obligation to update them.
The above exclusions of implied warranties do not apply to the extent prohibited by law. Please consult your local laws for any such prohibitions.
11. Limitations of Liability
Opus 1 Foundation does not assume responsibility for, and will not be liable for, any damages to or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this website, or your downloading of any information or materials from this website. We do not guarantee continuous, uninterrupted, or secure access to our website or services, and the operation of the website may be affected by numerous factors outside our control.
In no event will Opus 1 Foundation, its officers, directors, employees, agents, successors, assigns, or any party involved in the creation, production, or transmission of this website be liable to you or anyone else for any indirect, special, punitive, incidental, or consequential damages (including, but not limited to, lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of this website, any websites linked to this website, or the materials, information, or services contained on any or all such websites, whether based on warranty, contract, tort, or any other legal theory, and regardless of whether advised of the possibility of such damages.
You specifically acknowledge that Opus 1 Foundation shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party, and the risk of harm or damage from the foregoing rests entirely with you.
The foregoing limitations of liability do not apply to the extent prohibited by law. Please consult your local laws for any such prohibitions.
In the event of any problem with this website or any content, your sole remedy is to cease using the website. In no event shall Opus 1 Foundation’s total liability to you for all damages, losses, and causes of action—whether in contract, tort (including negligence), or otherwise—exceed twenty-five dollars ($25.00).
12. Indemnity
You agree to defend, indemnify, and hold Opus 1 Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with:
(a) your use of the website or the Internet, or your placement or transmission of any message or information on this website by you or your authorized users;
(b) your violation of any of these Terms and Conditions, including, without limitation, your breach of any of the representations and warranties herein;
(c) your violation of any third-party right, including, without limitation, any right of privacy, publicity rights, or intellectual property rights;
(d) your violation of any law, rule, or regulation of the United States or any other country
(e) any claim or damages that arise as a result of any user submission that you provide to Opus 1 Foundation; or
(f) any other party’s access to and use of the website with your unique username, password, or other appropriate security code.
13. Release
In the event that you have a dispute with one or more other users of the website, you release Opus 1 Foundation (and our officers, directors, employees, agents, successors, and assigns) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
14. Termination
You or we may suspend or terminate your account or your use of this website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred through your account prior to termination. We may also block your access to our website in the event that:
(a) you breach these Terms and Conditions;
(b) we are unable to verify or authenticate any information you provide to us; or
(c) we believe that your actions may cause financial loss or legal liability for you, our users, or us.
15. General
Any claim relating to, and the use of, this website and the materials contained herein is governed by the laws of the State of New York. You consent to the exclusive jurisdiction of the state and federal courts located in the City and County of New York. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Opus 1 Foundation in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 8 (Access and Interference), 11 (Limitations of Liability), 12 (Indemnity), 13 (Release), and 15 (General) of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions.
16. Entire Agreement
These Terms and Conditions are the entire agreement between the user and Opus 1 Foundation and supersede any prior understandings or agreements (written or oral).
17. Assistance
If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at contact@opus1foundation.org.