Last Updated: January 13, 2021
PROPRIETARY RIGHTS; USE OF CONTENT
The Foundation from time to time may request that its HALO Award recipients and members of its Forum submit videos, testimonial or other materials to it and such materials may be made available on this Website, and as indicated below such persons are solely responsible for such content and the Foundation is not responsible or liable for the accuracy, reliability or completeness of such third party content.
In using or accessing the Website you agree:
not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked websites;
not to use the Website for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
not to disrupt or interfere with any other user’s enjoyment of the Website;
not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Website, the content of any text or the layout/design of any page) without the Foundation’s express written consent;
not to use meta tags or any other “hidden text” utilizing a Mark, videos or other materials without the Foundation’s express written consent;
not to use the Website for any commercial purpose not expressly approved by Foundation in writing, including without limitation, unsolicited advertising junk mail or spam;
not to monitor, scrape, index or otherwise copy any of the material on the Site by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;
not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Website, except as permitted by applicable laws;
not to “deeplink” to the Website without the Foundation’s express written consent; and
not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access.
FORUM, BLOG, EVENTS AND POSTING POLICY
From time to time on certain areas of our Website you may be able to submit photos, events, videos, testimonials, written posts, and certain other materials (“User Content”). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; that you will not collect or store personal data about other users in your User Content; that will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of Foundation, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
Foundation assumes no liability for any information removed from our Website, and reserves the right to permanently restrict access to the Website or a user account. Foundation does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Foundation without the prior review and written approval of Foundation.
ACCOUNTS, PASSWORDS, AND SECURITY
Certain areas of the Website require registration or otherwise ask you to provide information to participate in certain features or access certain content. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Website, or any features at all.
If the Website requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify Foundation immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to the Website. Foundation is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
LINKS AND THIRD PARTIES
CHANGES TO WEBSITE
The Foundation may add, change, discontinue, remove or suspend any portion of the Website at any time, without notice.
THE FOUNDATION MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE WEBSITE OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE WEBSITE, CONTENT AND ANY LINKED WEBSITE. THE FOUNDATION DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE WEBSITE OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE WEBSITE OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. THE FOUNDATION DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE FOUNDATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL THE FOUNDATION AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AUTHORIZED AGENTS (COLLECTIVELY, THE FOUNDATION PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY WEBSITE OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE WEBSITE; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A FOUNDATION PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PERMISSION FOR WEB LINKING
If you link to the Website, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by the Foundation. Any such link must not damage, dilute or tarnish the goodwill associated with the Foundation and/or any Foundation intellectual property, nor may the link create the false appearance that your Website or organization is sponsored, endorsed by, affiliated or associated with Foundation, and you may not “frame” the Website. You may not link to the Website from any website that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Foundation’s sole discretion. Foundation reserves the right, in its sole discretion, to terminate any link from any website.
DIGITAL MILLENNIUM COPYRIGHT ACT
The Foundation has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”). If you believe that your content has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
an electronic or physical signature of 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 Website (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
your contact information, including address, telephone number and email address;
a written 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 authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to The Foundation’s Copyright Agent via email to email@example.com with a subject line that includes “DMCA Request”, by phone to 310-453-0055 or via mail to the following address:
c/o Carl and Roberta Deutsch Foundation
2444 Wilshire Blvd, #600
Santa Monica, CA 90403.
The Foundation will terminate the website or Forum use of any repeat infringer.
The Foundation will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond the Foundation’s reasonable control.