Terms of Use

WELCOME AND CONSENT TO TERMS

Science Festival Foundation, d/b/a World Science Festival (referred to collectively in this policy as “WSF,” “we” or “us”), is a 501(c)(3) nonprofit educational organization. Through one or more website(s) operated at the worldsciencefestival.com (the “Sites”) and other activities, WSF seeks to cultivate a general public informed by science, inspired by wonder, convinced of its value, and prepared to engage with its implications for the future. These Terms of Use apply to our Sites, regardless of media platform (e.g., computer, smartphone, tablet, etc.). (Please note that World Science Festival may operate other websites, including worldscienceu.com, which have their own Terms of Use.)

PLEASE NOTE THAT WE HAVE RECENTLY REVISED THE TERMS UNDER WHICH YOU MAY USE OR OTHERWISE DISTRIBUTE CONTENT POSTED ON THE SITES, AND ARE NO LONGER RELYING ON THE CREATIVE COMMONS 3.0 LICENSE. PLEASE REVIEW THESE TERMS CAREFULLY, AS USES WHICH MAY HAVE BEEN PERMITTED UNDER THE CREATIVE COMMONS LICENSE WILL NOT BE PERMITTED UNDER THE UPDATED LICENSE TERMS.

By accessing and/or using our Sites, including viewing any materials, posting comments, or otherwise availing yourself of any content or service made available on our Sites, you acknowledge that you have read and agree to abide by and be bound by these Terms of Use, and that they create a legally binding agreement between you and us. If you do not agree to these Terms of Use, please refrain from accessing and using the Sites.   If you have questions about our Sites, please contact us by email us at info@worldsciencefestival.com, or by mail at our main office at: Legal Affairs, World Science Festival, 475 Riverside Drive, Suite 450, New York, NY 10115.

AGE RESTRICTION

Registration, subscribing, donating, and posting content on the Sites is restricted to adults 18 years of age and older and minors 13 years of age or older who possess parental or guardian consent. By registering, subscribing, donating, posting content, or otherwise participating in services or functions on the Sites (other than simply viewing content), you hereby represent that you are in one of those two categories, and therefore have the authority to enter into the terms and conditions herein.

PRIVACY POLICY

Our Privacy Policy is part of our Terms of Use. Please review our Privacy Policy to understand how we collect and use your personal information in connection with our Sites. By consenting to our Terms of Use, you also consent to the privacy practices and policies set forth in our Privacy Policy.

COPYRIGHT/WSF CONTENT SHARING

WE HAVE RECENTLY MADE SIGNIFICANT CHANGES TO THE TERMS OF OUR CONTENT LICENSE AS EXPLAINED BELOW. OUR CONTENT IS NO LONGER DISTRIBUTED UNDER A CREATIVE COMMONS LICENSE. PLEASE REVIEW THESE TERMS CAREFULLY.

Unless otherwise stated where the content is presented, all articles, photographs, images, illustrations, audio clips and video clips presented on our Sites (“WSF Content”) is the property of The Science Festival Foundation or its licensors. WSF Content is available for limited, non-commercial re-use subject to the specific usage terms outlined below:

You can republish or embed WSF Content on your website or blog (but not on third party websites or blogs, such as YouTube or LinkedIn), as long as:

  • You Provide Attribution:  WSF must be clearly referenced as the original source of the materials, WSF’s logos and visuals remain untouched and unedited, and you provide a proximate link back to WorldScienceFestival.com;
  • The Use is Strictly NonCommercial: WSF Content is not used (in whole or in part) for commercial or revenue-generating purposes, including but not limited to advertising; and
  • The Use is NonDerivative:  You may not alter the WSF Content in any way (or “edit,” “remix,” “cut,” etc.), or build upon or incorporate the WSF Content into other media or work.

Any use, including distribution, of this copyrighted material is strictly limited to the terms described above. Any other uses, and any modifications to these terms, can only be made with the explicit written permission of WSF (or our licensors, if they are the copyright holders). WSF reserves the right to limit or prohibit any uses that are inconsistent with its educational mission. Nothing herein is intended to limit fair use rights under U.S. copyright law. If you are not sure if your use is “non-commercial” or is otherwise permitted under this policy, please contact us at info@worldsciencefestival.com.

Please note that the above License does not apply to courses and content made available by World Science U, a project of WSF. Please consult the worldscienceu.com site [worldscienceu.com/terms-of-use] Terms of Use for information regarding use of the content from that website.

TRADEMARKS

World Science Festival and its logo are registered trademarks of Science Festival Foundation.  All rights reserved. You may not use our logo or trademark without our express permission, except when you are re-distributing WSF Content and our logo or trademarks have been embedded by us in the WSF Content (in which case you are required to do so, as described in Copyright/WSF Content Sharing above).

SUBMITTING CONTENT TO OUR SITES

WSF allows or may allow users of our Sites the ability to submit comments and other content (“User Content”) directly or through our Facebook page and other WSF forums (including, without limitation, LinkedIn and Twitter) through livefyre which transfers such User Content to our Sites. (Additional information about livefyre is available at http://web.livefyre.com) If you decide to submit or otherwise make available any User Content, you represent and warrant that this User Content is not and does not contain Prohibited Content as defined below in these Terms of Use. (See Prohibited Actions/Prohibited Content below.) You also represent and warrant that you have all necessary rights, licenses and/or clearances to grant World ScienceU/World Science Festival all rights as specified in the following paragraph.

Immediately upon your posting of any User Content whether directly on our Sites, on the WSF Facebook page, or via other WSF-related forums (including, without limitation, Twitter and LinkedIn), you grant WSF a fully transferable, irrevocable, perpetual, worldwide, royalty-free and non-exclusive license to use, sublicense, distribute, transmit, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Sites and in connection with other WSF projects and forums, and to associate such User Content with you if you originally posted it with your name or other identifying information.

LINKS TO THIRD PARTY SITES

Our Sites may include hyperlinks to sites maintained or controlled by affiliated or unaffiliated third parties. Our Terms of Use do not apply to those sites. We have not reviewed any third-party websites for accuracy, completeness or non-infringement and do not approve or endorse the contents of, or any of the products or services on, such websites. We make no representations or warranties about such third party sites and content and take no responsibility and are not liable for them or the content provided therein.

PROHIBITED ACTIVITIES/PROHIBITED CONTENT

We make our Site and content available free of charge to the public and encourage you to visit our Sites and use our WSF Content often. We also encourage you to use our Comment feature to engage in lively debate, but please refrain from being insulting or personally attacking others. To support an active and vibrant community resource, we require that you agree to use the Sites as follows:

1) You may not reproduce, duplicate, copy, or repackage content from our Sites for sale or otherwise, except as set forth under Copyright/WSF Content Sharing above.
2) You may not use automated “high-volume” means to access our Sites (including without limitation, robots, spiders, scripts or web-scraping tools).
3) You may not use the Comment features or other public forums for communications unrelated to our Sites.
4) You may not post any of the following Prohibited Content:

  • Content that you know to be inaccurate, false or misleading;
  • Content that is illegal (e.g., harasses, threatens, or defames others; contains obscene language or pornographic images; or is discriminatory);
  • Content that infringes the intellectual property, privacy or publicity rights of a third party; or
  • Content that otherwise violates any applicable local, state, national or international law.

WSF does not routinely screen or monitor content posted by users to the Sites, and has no obligation to do so, but we expressly reserve the right to remove Prohibited Content of which we become aware, or any content of any type whether created by us or by others, at a time and in a manner of our choosing without prior notice. If at any time you discover that any User Content you have posted or otherwise submitted to our Sites contains or may contain Prohibited Content you should immediately inform us at info@worldsciencefestival.com.

COPYRIGHT INFRINGEMENT POLICY

The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you see materials on our Sites that you believe in good faith infringe your copyright, send us an “Infringement Notice,” as detailed below, requesting the offending material be removed.

An “Infringement Notice” must contain ALL of the following: (1) a specific identification of the copyrighted work(s) allegedly infringed and its/their location on the WSF Sites (or sufficient information for us to find it for evaluation), (2) a physical or electronic signature of a person authorized to act on behalf of the copyright owner, and his/her name, address, telephone number, and email address (if available); (3) a clear and definitive statement that the complaining party has a good faith belief that WSF’s usage is not authorized, and therefore prohibited; (4) a statement that all information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright’s owner; and (5) your contact information if different from #2.

Infringement Notices and similar notices must meet the statutory requirements imposed by the DMCA at the time of the alleged infringement; see www.loc.gov/copyright for details. You may want to consult a professional legal advisor before filing a notice, as penalties may be imposed for false claims under the DMCA.

Infringement Notices should be sent to:

Legal Affairs, World Science Festival
475 Riverside Drive, Suite 450
New York, NY 10115
212.348.1400

GENERAL INDEMNIFICATION

You agree to indemnify, hold harmless, and at our option, defend WSF, its subsidiaries and affiliates, and each of our and their respective directors, officers, agents, contractors, employees, and assignees, from and against any and all claims, liabilities, expenses and damages, including, without limitation, reasonable attorneys’ fees and costs, incurred in connection with or as a result of any third party claim or demand relating to or arising out of (a) your use or attempted use of the Sites or the content or discussions and public forums included therein; (b) your violation or alleged violation of any law or infringement of any rights of any third party, or (c) User Content that you post or otherwise make available on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary or personal rights.

MEDICAL INFORMATION DISCLAIMER

Some content may contain information related to human physiology, diseases or medical conditions. Such content is offered for informational purposes only and is not intended to be, and should not be used as, a substitute for professional medical advice, diagnosis, or treatment.

GENERAL DISCLAIMER OF WARRANTIES

PLEASE NOTE THAT YOU USE OUR SITES AT YOUR OWN RISK. THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR NON-INFRINGEMENT. WSF DOES NOT REPRESENT AND WARRANT, AND WSF AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES, CONTRACTORS AND REPRESENTATIVES (“WSF PARTIES”) HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL SUCH REPRESENTATIONS AND WARRANTIES. FOR EXAMPLE, WE DO NOT MAKE ANY PROMISES ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION IN WSF CONTENT, IN CONTENT POSTED BY USERS (USER CONTENT), OR ON THIRD PARTY SITES WE LINK TO. ALSO, WHILE WE TRY TO ENSURE THAT OUR SYSTEM IS SAFE FROM BUGS, VIRUSES, DISRUPTIONS AND DELAYS, WE CANNOT PROMISE THAT IT WILL ALWAYS BE SO. WORLD SCIENCE FESTIVAL IS UNDER NO OBLIGATION TO POLICE AND ENFORCE THE TERMS AND CONDITIONS OF USE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE WSF PARTIES BE LIABLE FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS (“COSTS”) DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE SITES.  YOU IRREVOCABLY RELEASE THE WSF PARTIES FROM ANY SUCH COSTS.  IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE WSF PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES OR LOST REVENUES ARISING OUT OF OR RELATING TO YOUR USE OF THE SITES, EVEN IF INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES AND LOSSES.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE WSF PARTIES IN CONNECTION WITH YOUR USE OF THE SITES EXCEED THE FEES PAID BY YOU IN THE LAST YEAR (IF ANY) TO WORLD SCIENCE FESTIVAL FOR YOUR USE OF THE SITES (OTHER THAN ANY INDEMNITY OBLIGATIONS). IN ALL CASES, THE WSF PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE SITES AVAILABLE TO YOU FOR FREE.

GOVERNING LAW/LEGAL ACTIONS

These Terms of Use shall be interpreted under and governed by the laws of the State of New York, New York (United States) excluding any laws that might direct the application of the laws of another jurisdiction. For international users, you waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. All claims, disputes and actions of any kind arising out of or relating to these Terms of Use, including, without limitation, arbitration, shall be settled exclusively in New York, New York and you agree to submit to such jurisdiction. YOU AGREE THAT ANY LEGAL ACTION YOU CHOOSE TO TAKE RELATED TO YOUR USAGE OF OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE ALLEGED ACT OR OMISSION UNDERLYING THE ACTION, OTHERWISE, SUCH LEGAL ACTION IS PERMANENTLY BARRED.

TERMINATION

You agree that WSF, in its sole discretion, may limit or terminate your use of the Sites, or any part of the Sites, for any reason or no reason, and that none of the WSF Parties shall have any liability to you for any such action. You may cancel your registration and stop receiving communications from us at any time by contacting us at info@worldsciencefestival.com. You may also continue to receive newsletters from us, but opt-out of receiving fundraising and marketing communications by contacting us at info@worldsciencefestival.com.

RIGHT OF MODIFICATION

We reserve the right to modify these Terms of Use in our sole discretion at any time. Any modification to the Terms of Use will be effective immediately upon posting by us. Your continued use of the Sites after the posting of such modifications, with or without notification, constitutes binding acceptance of such modified Terms of Use.

GENERAL

These Terms of Use control the relationship between you and WSF. They do not create any third party rights. If any part of these Terms of Use is unenforceable, that will not affect the other terms. If you do not comply with any of these Terms of Use, and we do not take action to enforce them right away, that does not mean that we are giving up our rights, including the right to take action in the future. All of our rights and obligations under these Terms of Use are freely assignable by us, consistent with any limitations set forth in our Privacy Policy. We may take any actions necessary in order for us to comply with applicable laws and to enforce our rights hereunder.

CONTACT

If you have questions about these Terms of Use or our Sites generally, please contact us by email at info@worldsciencefestival.com or by mail at our main office at:

Legal Affairs, World Science Festival
475 Riverside Drive, Suite 450
New York, NY 10115
212.348.1400

Effective as of November 20, 2014