Last modified: 4/11/16
1. Welcome and Consent to Terms
If you have questions about SAPIENS, please contact us by email at [email protected], or by mail at our main office at: SAPIENS, c/o The Wenner-Gren Foundation, 470 Park Avenue South, 8th Floor, New York, NY 10016.
2. Age Restriction and Eligibility
Registering, subscribing, and posting content on SAPIENS 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, posting content, or otherwise participating in services or functions on SAPIENS (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.
4. SAPIENS Intellectual Property Rights and Content Sharing
Unless otherwise stated where the content is presented, all content on SAPIENS, including without limitation all articles, papers, blog posts, comments, photographs, images, illustrations, audio clips, and video clips (“SAPIENS Content”) is the sole property of Wenner-Gren and/or its affiliates or licensors, and is protected by relevant intellectual property rights under US and foreign laws, including without limitation trademark and copyright laws. SAPIENS Content includes, without limitation, User Content, which is defined and discussed in Section 6 below.
Copyright License & Content Sharing
- Access, use, download, and print SAPIENS Content (including, without limitation User Content defined in Section 6 below) only for personal, non-commercial use and without modification or alteration. If you download or print SAPIENS Content you must maintain all copyright and other notices posted along with the SAPIENS Content.
- Create a link to SAPIENS Content, so long as the link does not cast Wenner-Gren/SAPIENS in a false or misleading light, including suggesting any affiliation or endorsement by us.
All use of SAPIENS Content is strictly limited to the terms described above, and you may not use SAPIENS Content for any other use without first obtaining written permission from Wenner-Gren/SAPIENS or the relevant copyright owner. For example, you may NOT:
- Use the SAPIENS Content for commercial purposes. (Note that we consider any use related to a revenue-generating activity or that includes advertising to be a “commercial purpose.”)
- Distribute, circulate, or otherwise make available SAPIENS Content via electronic or other means.
- “Frame” SAPIENS pages, embed SAPIENS Content, otherwise disguise the origin of SAPIENS Content, or use metatags or other “hidden text” that incorporates our trademarks or name.
5. Registration and User Accounts
While some parts of SAPIENS (such as viewing content) are accessible without registration, others may require you to create a “User Account” with a username, password, and other such personal information as we may require to confirm your identity (“Registration Information”). For example, before using the comment feature, or subscribing to us for update emails, you will need to register with us.
You agree to ensure that your Registration Information is accurate and current and to update it in a timely manner. You agree not to share your username and password with a third party for purposes of transacting on your User Account. You agree to promptly notify us of any unauthorized use of your account or any other breach of security of which you become aware.
6. License and Warranty for Information You Submit
We are excited to host an interactive forum and encourage users to share content on SAPIENS and SAPIENS-related forums, whether in the form of op-eds, feature articles, comments, or otherwise (all such content submitted by you and/or other users, “User Content”).
We are interested in on-topic, civil comments that contribute constructively to the content of the article and/or discussions unfolding in the accompanying comments. Our standards for taste are reflected in the articles we publish; we expect comments to follow that example. We will not tolerate personal attacks, vulgarity, incoherence, or commercial promotion. While most comments that meet these criteria are posted, moderating decisions are subjective and the sole purview of the SAPIENS staff.
You retain the copyright ownership of any User Content you post. You represent and warrant that you have all necessary rights, licenses, and/or clearances to grant Wenner-Gren/SAPIENS all rights specified in this paragraph, and that you have informed us when submitting the User Content if it has been previously published. Upon posting any User Content, whether directly on SAPIENS, on the SAPIENS Facebook page, or via other SAPIENS-related forums (including, without limitation, Twitter and LinkedIn), you grant Wenner-Gren/SAPIENS a fully transferable, irrevocable, perpetual, worldwide, royalty-free license to use, sublicense, distribute, transmit, reproduce, publicly perform, publicly display, modify, edit, adapt and create derivative works of such User Content on SAPIENS and in connection with other Wenner-Gren or SAPIENS projects and forums (all in any media now known or hereinafter created), or otherwise in furtherance of SAPIENS’ mission. For User Content posted directly on SAPIENS, this license shall be on an exclusive basis for the first 72 hours from first publication on SAPIENS (unless you have informed us that the User Content has been previously published elsewhere) and thereafter on a non-exclusive basis. For User Content posted on SAPIENS-related forums, the license always shall be non-exclusive. In addition, you grant Wenner-Gren/SAPIENS the right to associate such User Content with you if you originally posted it with your name or other identifying information.
You further represent and warrant that any User Content you submit or otherwise make available is not and does not contain any of the following prohibited content (“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 is insulting or personally attacking (as compared to legitimate critiques and lively debates)
- Content that breaches the rights of privacy or publicity of a third party;
- Copyrighted material, or material subject to any other intellectual property rights, except with the express permission of the copyright owner or other intellectual property owner;
- Content subject to a confidentiality obligation;
- Content that expresses the intent to commit or encourages others to commit illegal activities;
- Content that contains any recipe, formula, or instruction that could be injurious;
- Advertising, promotional materials, or any other form of commercial solicitation;
- Content unrelated to SAPIENS (including content related to “electioneering” or “lobbying” as defined under the Internal Revenue Code of 1986 as amended); and
- Content designed to probe or exploit security vulnerabilities, or that circumvents security measures, or that delivers viruses, spam, intentional server overload, or any other such disruption to SAPIENS.
You acknowledge that Wenner-Gren/SAPIENS does not and will not be providing you with any monetary or other compensation in connection with User Content you post and the license you grant to us herein. You agree to promptly correct or inform us about any User Content you post which you later discover is inaccurate or is otherwise in breach of any of the foregoing representations and warranties. You also agree that you shall be responsible for the payment of any third party fees related to the licenses granted to us herein and use by you and us of User Content you submit.
Wenner-Gren/SAPIENS reserves the rights to use all or part of any User Content you submit for as long as it chooses, to not use it at all, and to remove any User Content in its sole discretion.
7. Content Submitted by Others
Wenner-Gren/SAPIENS has no obligation to screen or monitor User Content and undertakes no liability or responsibility for User Content. 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.
8. Third Party Websites
SAPIENS may include links to other third party websites (“Third Party Websites”). We have no control over the contents of Third Party Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Websites linked to on SAPIENS, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
9. Copyright Infringement Claims
We aim to respect the rights of copyright owners. If you have any concerns that any User Content or other aspects of SAPIENS infringe your copyright, please provide us with notice pursuant to the directions set forth below. All other feedback, comments, requests for technical support, and other communications relating to SAPIENS should be directed to: [email protected].
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we have implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, you may complete and submit a notice to Chip Colwell, SAPIENS Editor-in-Chief, [email protected] or SAPIENS Editor-in-Chief, c/o The Wenner-Gren Foundation, 470 Park Avenue South, 8th Floor, New York, NY 10016:
- A specific identification of the copyrighted work(s) allegedly infringed and its/their location on SAPIENS (or sufficient information for us to find it for evaluation);
- 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);
- A clear and definitive statement that the complaining party has a good faith belief that SAPIENS’ usage is not authorized, and therefore prohibited;
- 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
- Your contact information if different from #2.
Infringement notices must meet the statutory requirements imposed by the DMCA at the time of the alleged infringement; see http://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.
10. Availability of the Websites / Termination
SAPIENS is currently offered free of charge, but we reserve the right to charge for certain features of SAPIENS in the future. We may modify, replace, refuse access to, or suspend or discontinue SAPIENS, partially or entirely, in our sole discretion. If you register with us, you may terminate your account with us at any time by contacting us at [email protected]. You agree that Wenner-Gren/SAPIENS may, in its sole discretion, limit or terminate your account or access to SAPIENS at any time and for any reason or no reason at all. Wenner-Gren/SAPIENS shall have no liability to you or any third party for any such action.
11. Disputes with Wenner-Gren/SAPIENS, Choice of Law and Forum
12. Release and Indemnification
13. Medical Information Disclaimer
Some content on SAPIENS may contain information related to human physiology, diseases, medical conditions, and medical remedies. Such content is offered for informational purpose only, is not and should not be used as medical advice or as a substitute for professional medical advice, diagnosis, or treatment.
14. GENERAL DISCLAIMER OF WARRANTIES
YOUR USE OF SAPIENS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAPIENS IS AT YOUR OWN RISK. SAPIENS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAPIENS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM VIRUS OR OTHER DESTRUCTIVE FEATURES, QUALITY OR FITNESS FOR PARTICULAR PURPOSE.
IF YOU ARE DISSATISFIED OR HARMED BY SAPIENS, INCLUDING, WITHOUT LIMITATION, SAPIENS CONTENT, YOU MAY CLOSE YOUR ACCOUNT IN ACCORDANCE WITH SECTION 10 (“AVAILABILITY OF WEBSITES/TERMINATION”) AND CEASE USING SAPIENS. YOU AGREE SUCH TERMINATION OR CESSATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
15. LIMITATION OF LIABILITY
IN NO EVENT WILL THE SAPIENS PARTIES (AS DEFINED IN SECTION 12) BE LIABLE FOR LOSSES, DAMAGES, LIABILITIES, COSTS, OR CLAIMS, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, SAPIENS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON SAPIENS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAPIENS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT IN NO EVENT SHALL THE SAPIENS PARTIES’ LIABILITY TO YOU HEREUNDER BE GREATER THAN THE FEES PAID BY YOU IN THE LAST YEAR (IF ANY) TO WENNER-GREN/SAPIENS FOR YOUR USE THE WEBSITES (OTHER THAN ANY INDEMNITY OBLIGATIONS).
16. Note to Users Outside of the United States
We operate SAPIENS from the U.S. and may use cloud servers in the U.S. and other countries. If you choose to access SAPIENS from locations outside the U.S., you are responsible for compliance with any local laws. You may not use or export anything from SAPIENS in violation of U.S. export laws or regulations.
- Contact Information. SAPIENS is operated by The Wenner-Gren Foundation for Anthropological Research. Inquiries should be sent to:
c/o The Wenner-Gren Foundation
470 Park Avenue South, 8th Floor
New York, NY 10016