Last modified: February 15, 2023
1. Welcome and Consent to Terms
If you have questions about SAPIENS, please contact us by email at editor•sapiens.org, or by mail at our main office at: SAPIENS, c/o The Wenner-Gren Foundation, 655 Third Avenue, 23rd Floor, New York, NY 10017.
2. Age Restriction and Eligibility
Subscribing to 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 subscribing 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, columns, posts, 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 U.S. and foreign laws, including without limitation trademark and copyright laws. SAPIENS Content includes, without limitation, Author Content, which is defined and discussed in Section 17 below.
Copyright License & Content Sharing
Creative Commons – CC BY-ND (Attribution, No Derivatives) 4.0 International Public License:
CC BY-ND content is licensed to allow for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the author and SAPIENS. See Republishing Guidelines for CC BY-ND 4.0 License for procedures to be followed.
Content NOT published under Creative Commons license is covered by a more restrictive license and subject to the following terms and conditions:
All use of SAPIENS Content not published under the Creative Commons CC BY-ND license 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:
5. Interactive Features
SAPIENS is generally accessible without registration. However, when you subscribe for update emails or make a donation, you will need to provide us with your email address. Note that our newsletter is provided via Mailchimp. In addition, if you submit an idea or an article to us, you will need to create an account through Submittable. (Additional information about Author Content is in Section 17.)
6. Content Submitted by Others
Wenner-Gren/SAPIENS has no obligation to screen or monitor Author Content and undertakes no liability or responsibility for Author 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.
7. 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.
8. Copyright Infringement Claims
We aim to respect the rights of copyright owners. If you have any concerns that any Author 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: editor•sapiens.org.
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 editor•sapiens.org or SAPIENS Editor-in-Chief, c/o The Wenner-Gren Foundation, 655 Third Avenue, 23rd Floor, NY, NY 10017. Please include:
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.
9. 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 subscribe to any of our interactive features, you may unsubscribe at any time by following the directions in any communications you receive from us or by contacting us at editor•sapiens.org. You agree that Wenner-Gren/SAPIENS may, in its sole discretion, limit or terminate your 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.
10. Disputes with Wenner-Gren/SAPIENS, Choice of Law and Forum
11. Release and Indemnification
12. 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.
13. 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 9 (“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.
14. LIMITATION OF LIABILITY
IN NO EVENT WILL THE SAPIENS PARTIES (AS DEFINED IN SECTION 11) 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).
15. 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.
c/o The Wenner-Gren Foundation
655 Third Avenue, 23rd Floor
New York, NY 10017
17. ADDITIONAL TERMS FOR COMMISSIONED SUBMISSIONS
The additional terms set forth in this Section 17 apply to users who submit content to SAPIENS at Submittable. whether in the form of op-eds, feature articles, or otherwise (all such content submitted by you and/or other users, “Author Content”). Please note that we consider pitches to be ideas that are not subject to copyright protection or ownership by the submitter; further, we are under no obligation to accept a pitch idea or retain the submitter to develop the pitch into an article. Other than pitches, should SAPIENS not elect to publish Author Content, it will notify you in writing/email, at which point the license granted to SAPIENS hereunder shall be terminated.
You retain the copyright ownership of any Author Content you submit to us. You represent and warrant that (i) the Author Content is original to you, (ii) unless you have informed us when submitting the Author Content that such Author Content has been previously published, the Author Content has not been published elsewhere before; (iii) you have all necessary rights, licenses, and/or clearances to grant Wenner-Gren/SAPIENS all rights specified in this paragraph, (iv) submitting the Author Content for posting on the Website does not conflict with any obligations to third parties, and (v) you have indicated to us any conflicts of interest you may have with respect to the Author Content. Upon submitting any Author Content at the link specified above, for good and valuable consideration, you grant Wenner-Gren/SAPIENS a fully transferable, irrevocable, perpetual, worldwide, royalty-free license to use, distribute, transmit, reproduce, publicly perform, publicly display, modify, edit, adapt and create derivative works of such Author 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, and the right to sublicense all of the foregoing rights for such purposes. For Author Content submitted to SAPIENS, this license shall be on an exclusive basis for the 90 days from first publication on SAPIENS (unless you have informed us that the Author Content has been previously published elsewhere) and thereafter on a non-exclusive basis. In addition, you grant Wenner-Gren/SAPIENS the right to associate such Author Content with you if you originally submitted it with your name or other identifying information.
If mutually agreeable to Wenner-Gren/SAPIENS and you, Author Content may be published on SAPIENS under the Creative Commons CC BY-ND 4.0 license. Publishing under a Creative Commons license does not alter the rights granted in the preceding paragraph to Wenner-Gren/SAPIENS, except that you and others may redistribute the Author Content immediately following the original publication.
You further represent and warrant that any Author Content you submit or otherwise make available is not and does not contain any of the following prohibited content (“Prohibited Content”):
You agree to promptly correct or inform us about any Author Content you submit 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 Author Content you submit. Wenner-Gren/SAPIENS reserves the rights to use all or part of any Author Content you submit for as long as it chooses, to not use it at all, and to remove any Author Content in its sole discretion.