FOUNDATION AGAINST INTOLERANCE & RACISM, INC.
Terms and Conditions of Use
Welcome to the Foundation Against Intolerance & Racism, Inc. (“FAIR”) website, https://www.fairforall.org/ (the “Website”). By visiting, viewing, using, or accessing this Website and our applications, platforms, functionalities, content, materials, or other online services provided by FAIR (the “Service” or “Services”), you agree to these Terms and Conditions of Use (the “Terms”).
Please read the Terms carefully. You acknowledge and agree that by (i) visiting, viewing, using, or accessing this Website or any FAIR Service, or (ii) clicking “Agree,” or similar links, that you have read, understand, and agree to be bound by these Terms. If You do not agree to these Terms, you are not permitted to access or use this Website and must promptly exit this website.
A reference in these Terms to “we,” “us,” or “our” means FAIR. When we refer to “you,” “your,” or “User,” we are referencing the individual user of our Website or the “End User” of a product or Service.
LICENSE AND ACCESS
All rights not expressly granted to you in these Terms are reserved and retained by FAIR. Subject to your compliance with these Terms and your payment of any applicable costs, FAIR grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the content of the Website and the FAIR Services and to make personal and non-commercial use of any and all result stemming therefrom. This license does not include any resale or commercial use of this Website or its contents, any other FAIR Services, or its contents. This Website and its contents, and the FAIR Services, may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without the express written consent of FAIR.
You may not use the Website or its contents for any purpose prohibited or restricted by law or in any manner that violates these Terms. The license granted to you by FAIR shall terminate immediately if you violate these Terms or any and all applicable laws.
Except as expressly set forth on this Website, if you submit information to FAIR, you are giving that information to FAIR free of charge and such information shall be deemed to be non-confidential and FAIR shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to you or anyone else. FAIR shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products and services incorporating such information.
USAGE RESTRICTIONS
As a condition of using this Website and the FAIR’s Services, you agree to the following usage restrictions. You acknowledge and agree that FAIR reserves the right to monitor use of the Website and to suspend, revoke, deny, disable, or terminate your access if you violate any provisions of these Terms. FAIR may from time to time monitor, review and, in its sole discretion, modify or delete any postings made on this Website; however, FAIR is not obligated to do so. FAIR does not monitor or regularly review content on the Website.
(a) User Obligations. You agree that when using this Website you will:
comply with all applicable federal, state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity, or the export of data or software to and from the U.S. or other countries);
provide true, accurate, current and complete information about yourself; and
maintain and update this information to keep it true, accurate, current and complete.
(b) Prohibited Conduct. Without limitation of the foregoing, you agree to not use the Website to:
Reproduce, redistribute, transmit, assign, sell, broadcast, share, modify, create derivative works of, license, capture, save, upload, print, or otherwise transfer or retain information, intellectual property or content available, unless you have the express right for same;
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
Remove or modify any copyright, trademark, legal notices, or other proprietary notations from any of FAIR’s proprietary materials;
Violate or attempt to violate any of FAIR’s security mechanisms, attempt to gain unauthorized access to the Services or assist others to do so;
Use the Website and FAIR Services in any manner that could disable, overburden, damage, or impair the Website, interfere with any other party’s use of the Website (including their ability to engage in real time activities through the Services), or otherwise attempt to interfere with the proper working of the Website; and/or
Use or attempt to use the Website or FAIR Services to store or transmit software viruses, worms, Trojan horses, or any other computer code, files, or programs designed to interrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment; and/or
Upload, post, publish, email, reproduce, distribute or otherwise transmit any information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), that is, in the sole discretion of FAIR, unlawful, inappropriate, offensive, racist, hateful, sexist, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including, but not limited to, sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful.
COPYRIGHT AND TRADEMARK
All content included in or made available or sold through the Website or FAIR Services, as well as such text, graphics, logos, images, video and audio clips, and digital downloads, are the property of FAIR and protected by United States and international copyright laws. In addition, the phrase “FOUNDATION AGAINST INTOLERANCE & RACISM,” the term “FAIR,” and the FAIR logo are protected by United States and international trademark laws. The misuse of any of these trademarks or other content is strictly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any copyright or trademark of FAIR or any third party.
ELECTRONIC COMMUNICATIONS
When you use the Website, or send emails to us, you are communicating with us electronically and consenting to receive communications from FAIR electronically. FAIR will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE AND THE FAIR SERVICES ARE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND ARE PROVIDED ON AN “AS IS” BASIS. THE CONTENT PUBLISHED ON THIS WEBSITE, AS WELL AS THE FAIR SERVICES, ARE INTENDED FOR GENERAL INFORMATION PURPOSES ONLY AND DO NOT CONSTITUTE LEGAL ADVICE OR OTHER PROFESSIONAL ADVICE. YOU ARE ADVISED TO, AND AGREE TO, SEEK THE ADVICE OF YOUR OWN LEGAL COUNSEL WITH RESPECT TO ANY INFORMATION OR QUESTIONS YOU HAVE REGARDING INFORMATION PROVIDED TO YOU ON THIS WEBSITE. NEVER DISREGARD THE ADVICE OF YOUR OWN ATTORNEY OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS WEBSITE OR IN THE FAIR SERVICES.
FAIR, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, FAIR MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, CURRENTNESS, SUITABILITY OR TIMELINESS OF THE FAIR SERVICES PROVIDED ON OR THROUGH THE USE OF THIS WEBSITE OR ANY SITE OR SITES “LINKED” TO THIS SITE. FAIR MAKES NO WARRANTY THAT THIS WEBSITE WILL BE AVAILABLE, UNINTERRUPTED, ERROR FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FAIR SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE AND THE FAIR SERVICES, WHETHER SUCH DAMAGES ARE BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FAIR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS OR USE OF THE WEBSITE AND THE FAIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT: (i) YOUR USE OF THE WEBSITE AND THE FAIR SERVICES AND ANY MATERIAL, INFORMATION OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK, AND (ii) THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM FOR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL, INFORMATION OR DATA, AND FOR ANY OTHER FORM OF DAMAGE THAT MAY BE INCURRED. IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THIS WEBSITE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to indemnify and hold harmless FAIR from and against any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney’s fees and expenses) arising from: (i) Your improper use of the Website or the FAIR Services, (ii) your violation of these Terms, or (iii) your infringement of any intellectual property or other right of any person or entity.
PRIVACY AND IP POLICY
Use of the Website and the FAIR Services are also governed by the FAIR Privacy Policy and IP Policy, which are incorporated into these Terms by reference.
THIRD-PARTY SITES
FAIR may provide links to other third-party websites that are independent from FAIR. FAIR is not responsible for, and has no control over, the content, practices, or standards of the third-party websites. Inclusion of any third-party link does not imply a recommendation or endorsement by FAIR. FAIR is not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party websites, websites framed within this Website, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
DISPUTES
These Terms are made under, and shall be construed according to, the substantive laws of the State of New York, without regard to the conflict of laws provisions. Any dispute arising in connection with your use of this Website or any FAIR Services must be brought within one (1) year of the date of the event giving rise to such action occurred. Any dispute arising from a transaction with the Website shall first be addressed by the parties through mutually agreed to informal dispute resolution procedures conducted in good faith. If the parties do not resolve the dispute within thirty (30) days of the date of the first dispute resolution meeting, the parties agree that such dispute shall be resolved exclusively by binding arbitration before a single arbitrator in New York, New York, in accordance with the rules of the American Arbitration Association, and the parties agree that judgment upon the award rendered by the arbitrator shall be entered in a court of competent jurisdiction sitting in the State and County of New York.
MODIFICATIONS TO TERMS
FAIR reserves the right to modify or amend these Terms at any time. All changes shall be effective immediately upon their posting and your continued use of the Website.
SEVERABILITY
If a court deems any provision of these Terms unenforceable or invalid, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ENTIRE AGREEMENT
These Terms, along with the FAIR Privacy Policy and IP Policy, constitute the entire agreement between you and FAIR with respect to the subject matter herein, unless superseded by a written agreement signed by the parties.
CONTACT INFORMATION
If you have any other questions or comments about these Terms, please contact us by email at [email protected] or by writing to:
Foundation Against Intolerance & Racism
485 Madison Avenue, 16th Floor
New York, New York, 10022
Last Updated: March 11th, 2021
