Acceptance of Terms
The terms of service set forth below (the “Terms of Service”) constitute a legal agreement between you, the user, and Ashoka, as the provider of the Ashoka website (“Ashoka” or “we”). The Terms of Service governs your access to and use of this Ashoka website and all services offered on the site (collectively, the “Site”). In addition, when using particular portions of the Site, you will be subject to guidelines, rules and additional terms provided by Ashoka in connection with such portions of the Site, and all such guidelines, rules and terms are hereby incorporated by reference into the Terms of Service. PLEASE READ THE TERMS OF SERVICE CAREFULLY. EXCEPT AS OTHERWISE REQUIRED BY LOCAL LAW, YOUR ACCESS TO OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF ALL THE PROVISIONS OF THE TERMS OF SERVICE. IF YOU ARE UNWILLING TO BE BOUND BY THE TERMS OF SERVICE, DO NOT ACCESS OR USE THE SITE.
Ashoka may modify the Terms of Service from time to time. Modifications will be posted on the Site via a link from the home page. Registered users will receive e-mail notifications with information about modifications. Except as otherwise required by local law, your continued use of the Site after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise by Ashoka, any new features, new services, enhancements or modifications to the Site implemented after your initial access to the Site will be subject to the Terms of Service.
THESE TERMS OF SERVICE INCLUDE A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGES AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SITE TO THE EXTENT ALLOWABLE UNDER LOCAL LAW. BY USING THE SITE, YOU ARE AGREEING TO THIS RELEASE EXCEPT AS OTHERWISE REQUIRED BY LOCAL LAW.
In consideration for your registration with the Site, you agree to: (a) provide accurate and complete information about yourself (and others, as applicable) as requested (the “Registration Data”); (b) maintain and promptly update the Registration Data to keep it accurate and complete (c) not create an account for anyone other than yourself without permission; (d) not transfer your account to anyone without first obtaining written permission from Ashoka; and (d) not create more than one user account. If Ashoka suspects that your Registration Data is inaccurate or incomplete, Ashoka may suspend or terminate your account. If you select a username for your account Ashoka reserves the right, to the extent allowable under local law, to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name). If Ashoka disables your account, you may not be able to create another one without our permission.
Usernames and Passwords
You will receive a username and password upon completing the Site's account registration process. You will choose your username, based on some parameters, and a password will be provided to you, which you can then change. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Site will be for your personal use only. You agree to (a) immediately notify Ashoka of any unauthorized use of your username or password and (b) ensure that you log out of your account at the end of each session.
Privacy and Security
While the Site has security measures in place intended to protect against the loss, misuse and or alteration of the information under our control, we are not able to assure you that these measures will be successful. The Site itself is not designed to protect confidential or sensitive information. Accordingly, you should not use the Site to process such information. Electronic mail is not necessarily secure and you are cautioned that any messages you send to us by email will not be transmitted within the Site or under our control. Please do not send sensitive or confidential information to us by email.
Ownership of the Site
All materials made available through the Site including but not limited to artwork, photographs, graphics, audio clips, video clips, text and trademarks (collectively, the “Contents”), are the sole property of Ashoka or its licensors. The Contents are protected by United States and international laws of copyright, trademark and unfair competition. You acknowledge that the Site, the Content and photos displayed on the Site and any underlying technology or software used in connection with the Site contain Ashoka proprietary information. You may not commercially exploit any part of the Site, including photographs, except with the express written consent of Ashoka. “Ashoka” and “Changemakers” are registered trademarks and “Ashoka Hub” and “Everyone a Changemaker” are trademarks of Ashoka or its affiliates in the United States and certain other countries. Other marks, product names, and company names appearing in the Contents are trademarks and/or service marks of Ashoka and/or their respective owners and are protected by law. Ashoka marks may be used publicly only with permission from Ashoka. Any fair use of the trademarks and service marks requires proper acknowledgment.
Use of the Site
It is in keeping with Ashoka’s mission to encourage public discourse and action regarding social entrepreneurship and systemic, innovative change. Accordingly, unless particular materials are specifically restricted as noted where they are displayed, it is Ashoka's policy to allow limited reproduction and distribution of the Contents as follows: You may copy and distribute items included in the Contents provided that: (1) the particular article or section is reproduced in its entirety in its original form; you may not edit or otherwise change the substance of the content, or change or delete any copyright, trademark or other proprietary notices; (2) all copies include a statement that the material was reproduced from this Site with the permission of Ashoka; (3) the copies are distributed only for the non-commercial educational or public policy purposes; and (4) the copies are distributed at no charge, or at most, at actual cost. Provided you comply with all of these conditions, Ashoka grants you a non-exclusive, non-transferable license to use, copy and distribute the Contents.
Other than as specifically described above, you may not copy, reproduce, distribute, modify, display, prepare derivative works based on, republish, transmit, repost or otherwise use any of the Contents without prior written authorization from Ashoka. To request such permission, contact firstname.lastname@example.org . In no event may Ashoka trademarks, graphics, artwork or other visual or audio elements be reproduced separately from the textual content associated with them as part of the Site. All rights in the Site not expressly granted by Ashoka to you are retained by Ashoka.
If you download software from us in order to use the materials as authorized above, the software, including any files, images, audio or video clips incorporated in or generated by the software, and data accompanying the software (collectively “Software”) is licensed to you by Ashoka or the owner of such Software. Ashoka does not transfer the title to you. You may own the media on which the Software is recorded, but Ashoka retains full title to the software, and all intellectual property rights therein. You may not reproduce, redistribute, sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
Certain portions of the Site allow you to post or upload information, data, text, software, music, sound, photographs, graphics, video, messages and other materials some or all of which may be copyrightable material (“User Provided Content”). You are entirely responsible for all User Provided Content that you make available to or through the Site, whether publicly posted or privately transmitted. You agree, that when you publish content or information, it means that you are allowing all users of the Site, to access and use that information, and to associate it with you (e.g., your name and profile picture). To assure that the Site remains available to support Ashoka’s mission, all users contributing material are required to grant broad permissions to the re-distribution and re-use of their contributions under the Creative Commons Attribution-ShareAlike 3.0 Unported License and the GNU Free Documentation License (unversioned, with no invariant sections, front-cover texts, or back-cover texts). Accordingly, for any material you hold the copyright to, by contributing it through the Site you are agreeing to so license that material. If you want to contribute material from other authors or of which you are a joint author, you may do so only if it is available under terms that are compatible with these licenses and you provide proper attribution where it is required by the underlying license. Ashoka may in its sole and absolute discretion elect not to accept or to remove any User Provided Content. In addition, by providing User Provided Content, you authorize and direct Ashoka to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site.
You assume total responsibility and risk for your use of the Site. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Site. Ashoka does not control all material posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content (even if Ashoka has reviewed it). You understand that by using the Site you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Ashoka be liable in any way for any Content including any errors or omissions in any Content or any loss or damage of any kind incurred as a result of your use of any Content. You hereby agree to release Ashoka from any and all 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 any such disputes or use of the Site, except as otherwise provided by local law. YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF ANY AND ALL OF THE CONTENTS EXCEPT AS OTHERWISE PROVIDED BY LOCAL LAW. You are responsible for complying with all laws applicable to the User Provided Content you submit via the Site.
THE CONTENT, INCLUDING USER PROVIDED CONTENT, MAY NOT BE APPROPRIATE OR SATISFACTORY FOR YOUR USE, AND YOU SHOULD VERIFY ALL INFORMATION BEFORE RELYING ON IT. ANY DECISIONS MADE BASED ON THE CONTENT, INCLUDING INFORMATION RECEIVED THROUGH YOUR USE OF THE SITE, ARE YOUR SOLE RESPONSIBILITY.
You agree that you will not use the Site to do any of the following:
- upload, post, transmit or otherwise make available:
- any Content that you know or have reason to know infringes, misappropriates or otherwise violates any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
- any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, defamatory, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any third party, Content you did not create or Content that you did not have permission to post);
- any unsolicited communications or advertising not authorized by Ashoka, promotional materials or any other form of solicitation for any type of information; or
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- obtain any information or Content from the Site using any robot, spider, scraper or other automated means for any purpose;
- take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- upload any Content other than those of a personal nature;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
- collect or store personal data, including email addresses or data about other users in connection with the prohibited activities described in this paragraph;
- attempt to gain unauthorized access to, or circumvent or attempt to circumvent any security or access control technology implemented in, the Site or the servers and network associated with the Site;
- use the Site or any email in any Ashoka domain to deliver unsolicited bulk email; or
- publicize or offer any contest, giveaway, or sweepstakes (“promotion”) on Ashoka without following all applicable laws.
You agree that Ashoka may or may not pre-screen Content, but that Ashoka has the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove or move any Content that is available via the Site. Without limiting the foregoing, Ashoka will have the right to remove any Content that violates the Terms of Service or is otherwise objectionable, in each case as determined by Ashoka in its sole discretion. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the content, integrity and accuracy of such Content.
By posting Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site.
The Site and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by Ashoka or the providers of the Content. You will not attempt to override or circumvent any of the usage rules embedded in such security components.
The Site may contain, or third parties may provide via the Site, links to third party websites or resources. Ashoka has no control over such sites and resources, and you agree that Ashoka is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
Ashoka may modify, discontinue or suspend any portion of the Site, temporarily or permanently at any time. Ashoka will not be liable to you or to any third party for any modification, discontinuance or suspension of the Site.
Except as otherwise required by local law, you agree to defend, indemnify and hold harmless Ashoka, its partners, affiliates, consultants, suppliers, providers, officers, directors, employees and agents, from and against any and all claims, actions, demands, damages, obligations, losses, liabilities, costs, debt and expenses (including attorney's fees) arising from: (a) your use of or access to the Site, including any Content you store, reproduce, display, distribute or otherwise make available via the Site; (b) your violation of any term of the Terms of Service and related policies; (c) your violation of any third party right, including any copyright, property, or privacy right; or (d) any claim that Content you submitted caused damage to a third party. The foregoing defense and indemnification obligation will survive the Terms of Service and your use of the Site to the extent allowable under local law. Ashoka will provide notice to you of any such claim, action or demand and may, in Ashoka’s sole discretion, assist you, at your expense, in the defense or settlement of such claim, action or demand.
By consenting to these Terms of Service, you grant to Ashoka a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, translate, reproduce, modify, publish, publicly distribute, import, publicly display, publicly perform, digitally perform, create derivative works of and otherwise exploit any Content you submit via the Site (including any copyrights, trademarks or other intellectual property contained therein), and the right to sublicense the foregoing rights (through multiple tiers) to third parties.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any Content available through the Site infringes upon your copyrights, you may submit a copyright infringement notification to Ashoka pursuant to the Digital Millennium Copyright Act by providing Ashoka with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). Ashoka’s Agent for Notice of claims of copyright infringement can be reached as follows:
- By mail: Ashoka, c/o Legal Department, 1700 North Moore Street, Suite 2000, Arlington, VA 22209, USA
- By email: email@example.com
- By fax: +1 (703) 527-8383
Some features of the Site may allow you to direct messaging, and other communications to a mobile device. If you utilize these features, please be aware that your carrier's normal rates and fees, such as text messaging fees, will apply and that you will be responsible for those charges. In the event you change or deactivate your mobile telephone number and are using features of the Site designed to contact you on your mobile telephone number, you agree to, update your account information on the Site within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
You acknowledge that Ashoka has the right, but not the obligation, to suspend or terminate your access to all or part of the Site and remove any Content you submit to the Site without prior notice (a) at the request of law enforcement or other government agencies, (b) if the Site is discontinued or materially modified, (c) upon the occurrence of any technical or security issues or problems, (d) if you engage in any conduct that Ashoka believes in its sole discretion violates any provision of the Terms of Service or other incorporated agreements or guidelines or violates the rights of Ashoka or third parties, including, in appropriate circumstances, repeat copyright infringements or (e) upon any breach by you of the Terms of Service. In addition, Ashoka may terminate individual user accounts due to inactivity. You agree that upon termination Ashoka may delete all Content and all information related to your account.
Content and Warranty Disclaimer
THE SITE IS PROVIDED BY ASHOKA AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS AND PROVIDERS “AS IS,” AND YOUR USE OF THE SITE IS AT YOUR SOLE RISK. NEITHER ASHOKA NOR ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, AS TO THE OPERATION OF THE SITE, ITS CONTENTS, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE SITE. IN ADDITION, ASHOKA AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS AND PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ASHOKA DOES NOT WARRANT OR COVENANT THAT THE SITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ASHOKA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (A) ANY ERRORS, MISTAKES OR INACCURACIES OR OMISSIONS IN ANY CONTENT, (B) ANY PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SITE AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO THE SITE, (E) ANY BUGS, VIRUSES, ERRORS, TROJAN HORSES OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ASHOKA OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ASHOKA, ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SITE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF ASHOKA TO YOU ARISING FROM OR RELATING TO THE SITE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. ASHOKA AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SITE. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR USE OF THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, ASHOKA IS NOT RESPONSIBLE FOR THOSE COSTS.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THUS SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Compliance with Anti-Money Laundering Laws
Ashoka will not make any grant if it finds that to do so would be unlawful. This may prohibit awards in certain countries and/or to certain individuals or entities. All recipients will comply with anti-money laundering laws to the extent they are applicable to such recipients. No recipient will take any action that would cause Ashoka to violate any laws.
Ability to Accept Terms of Service
In order to use the Site, you affirm that you are at least 18 years of age.
You are solely responsible for your interactions with other Site users. We reserve the right, but have no obligation, to monitor disputes between you and other users except as otherwise required by local law. Notwithstanding the foregoing, Ashoka will not be liable for any claims, damages or other losses arising out of any disputes between users.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users outside the United States:
- You consent to having your Personal Information transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals, you will not engage in commercial activities on the Site.
Restricted Rights & Export Controls
Any software or documentation that may be available on the Site are “commercial items” as defined in FAR 2.101. Therefore, in accordance with FAR 12.211 (Technical data) and FAR 12.212 (Computer software) and, for U.S. Department of Defense Customers, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in commercial computer software or computer software documentation), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
You acknowledge and agree to comply with all U.S. laws, regulations, and requirements applicable to the export of U.S. origin products and technology.
The Terms of Service will be governed by and construed in accordance with the laws of the Commonwealth of Virginia as applied to contracts entered into by residents thereof and performed entirely within the State. If any provision or portion thereof of the Terms of Service is found to be contrary to law, the interpretation of such provision or portion thereof will be modified solely as necessary to comply with law and such provision will be construed, as nearly as possible while complying with law, to reflect the provision as drafted, and all other provisions will remain in full force and effect. The terms “includes,” “include,” “including” means “including without limitation” as used herein. Ashoka’ failure to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision unless acknowledged and agreed to by Ashoka in writing. These terms and conditions constitute the entire agreement between you and Ashoka with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign the Terms of Service to any other party and any attempt to do so is void. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Service must be filed within one year after such claim or cause of action arose or will be forever barred. The Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned or transferred by Ashoka without restriction.
Please report any violations of the Terms of Service to firstname.lastname@example.org .
If you have any questions, comments, or concerns about these Terms of Service and/or the Site, please send an email to email@example.com . However, please note that communications made through the Site’s email and messaging systems will not be deemed to constitute legal notice to Ashoka or any of its officers, employees, agents, or representatives in any situation where notice to Ashoka is required by contract or any law or regulation.
Source URL (retrieved on 2012-05-25 12:35): http://www.ashoka.org/tos