The following terms of use apply to
The Kolbe Foundation web site and the software, products, services, and
contents of the website. By using
the website and contents of the website you agree to comply to the following
terms of use. Your use of certain
materials made available on the website or the conduct of certain transactions
may be subject to certain additional terms and conditions, which will be made
available prior to using such resources or conducting such transactions. We reserve the right to modify, alter, update, or remove
portions of theses Terms of use at any time.
Your continued use of the web site signifies your acceptance of any
changed items. If you do not
agree with Kolbe’s Terms of Use, your sole remedy is to discontinue use of
the website.
Community
Conduct
While using the website or site
contents, you are part of the Kolbe Foundation community, and you agree that
you will respect the rights of other members of the community.
In particular, you agree not to: (a) inhibit or restrict any other user
from using the website (b)
threaten, harass, intimidate any other user of the website (c) use the website
to send any unsolicited advertising or promotional material (b) submit,
publish, or distribute through the website or its email links materials that
do not meet the requirements of these Terms of use; or (e) impersonate any
person or entity or forge anyone else’s digital or manual signatures or
attempt to gain unauthorized access to The Kolbe Foundation or any other
person’s computers, software, or data.
We reserve the right to prohibit
use of the web site or the purchase of products and services from The Kolbe
Foundation by any user who, in our discretion, violates these Terms of Use.
If you believe another is violating these terms you may notify The
Kolbe Foundation, and we will work in good faith to resolve any such issues.
However, we do not have any obligation to monitor the website or site
content and are not responsible for the accuracy or reliability of any site
content or opinion, advice, or statement made on the web site, or for any
defamatory, offensive, or illegal conduct by any user of the web site.
The Kolbe Foundation reserves the
right to investigate suspected violations of these terms, including the
gathering of information from the user or users involved and the complaining
party if any, and examination of materials on The Kolbe Foundation’s servers
and network. You hereby authorize The Kolbe Foundation and its distribution
affiliates to cooperate with (a) law enforcement authorities in the
investigation of suspected criminal violations, and (b) system administrators
at other Internet service providers or other network or computing facilities
in order to enforce theses Terms of Use.
Such cooperation may include The Kolbe Foundation providing the
username, IP address, or other identifying information.
Submission
to The Kolbe Foundation
While participating in The Kolbe
Foundation community, you may submit to The Kolbe Foundation resources, links,
applets, graphics, artwork, templates, or other materials.
You hereby grant to The Kolbe Foundation a non-exclusive, perpetual,
worldwide, royalty-free license to link to, reproduce, distribute, adapt,
perform, display, and create derivative works from your submissions, and to
sublicense any of the foregoing rights. If
your submission includes software source code, the foregoing license includes
the right to analyze, report on, summarize, and display the source code.
The foregoing does not apply to online courses you create or publish to
The Kolbe web site. The only
license you grant to The Kolbe Foundation with respect to such online courses
are set forth in the Authoring Terms and Conditions of the Publishing Agreement.
You agree that your submission will
meet the following requirements for appropriate content, and make the
following representations and warranties to The Kolbe Foundation:
- You
have all rights and have obtained all approvals, consents, release
clearances, licenses, and authorizations needed for the grant of rights
and licenses hereunder, and any publication of your submissions does not
violate or conflict with any other agreement you have made.
- Your
submissions do not infringe or otherwise violate any patents, copyrights,
trademarks, trade secrets, or any other proprietary rights of any third
party.
- Your
submissions (a) do not constitute or encourage a criminal or civil offense
or unethical activity and do not otherwise give rise to liability (b)
comply with all applicable laws, rules, and regulations; (c) do not
contain any false, misleading, libelous or defamatory statements; (d) do
not constitute an invasion of the rights of privacy or publicity of any
third party libelous; and (e) are nor obscene, pornographic, threatening,
sexually or racially or ethnically discriminatory, or otherwise
objectionable or harmful.
Online learning courses which you
publish through The Kolbe Foundation are also subject to the terms and
conditions of the Publishing Agreement, the terms of which will take
precedence over any contrary or inconsistent provisions of these Terms of Use.
Downloading
Data
All electronic books, e-texts,
documents, letters, audio and video lectures, comments, instruction, and
communication are the copyright work of The Kolbe Foundation, or its
licensors. Documentation
ownership is retained by the copyright holder.
You are only licensed to use the data for your own educational use or
if you are a teacher, instructor, or professor subject to the terms of Fair
Use Law of the United States Government and any applicable state laws
governing such use. No permission
is given to reproduce, distribute, adapt, perform, display or create
derivative works other than that which is permitted under Fair Use Law of the
United States Government. No
permission is given for any type of commercial reproduction including the
distribution, adaptation, performance, display or creation of derivative
works—The Kolbe Foundation retains all exclusive rights under the terms of
newly revised U S copyright law and International copyright law.
You expressly agree that any
document, file, or other site content downloaded or otherwise obtained through
the use of this web is done at your own discretion and risk and that you will
be solely responsible for any damage to your network or computer system or
loss of data that results from the download of any site content.
Disclaimers
and Warranties
Except for these limited
warranties, the web site and site content are provided on an “as is” basis
and “as available” basis TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW.
THE KOLBE FOUNDATION AND ITS CONTRACTORS, SUPPLIERS, AND CONTRIBUTORS
EXPRESSLY DISCLAIM ALL OTHER REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR
IMPLIED, AS TO THE WEB SITE OR SITE CONTENT, INCLUDING WITHOUT LIMITATION
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NONINFRINGEMENT.
Limitation
of Liability
YOU AGREE THAT NEITHER THE KOLBE
FOUNDATION NOR ITS CONTRACTORS, SUPPLIERS, OR CONTRIBUTORS SHALL BE LIABLE
UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIM FOR ANY
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA
OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES) RESULTING FROM: (1) THE USE OF OR INABILITY TO USE THE WEB SITE, SITE
CONTENT, OR ANY PRODUCTS OR SERVICES; (2) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS, AND SERVICES RESULTING FROM
ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
TRANSACTIONS ENTERED INTO THROUGH THE KOLBE FOUNDATION; (3) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR SUBMISSION OF DATA; OR (4) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE WEB SITE.
Some jurisdictions do not permit
the disclaimer of certain implied warranties or the limitation or exclusion of
liability for incidental or consequential damage, so some of the above
disclaimers, limitations, and exclusions may not apply to you.
Links to Third
Party Websites
The web site includes links to
various third party websites. The
Kolbe Foundation provides these links solely as a convenience.
Such linked third party websites are not under the control of The Kolbe
Foundation. We have not reviewed
all of the sites linked from the Kolbe site and are not responsible or liable
for the contents available on any such linked site.
The appearance of a third party link on this web site does not imply
The Kolbe Foundation’s endorsement of the linked site, its sponsor(s) or any
products or services offered on the linked site. Use of any linked site is at your own risk.
Indemnity
You agree to indemnify, defend, and
hold harmless The Kolbe Foundation and their officers, employees, directors,
agents, suppliers and sponsors from and against any and all claims, damages,
costs, or other expenses (including reasonable attorneys fees) that arise
directly or indirectly out of or from: (a) your breach of these Terms of Use
or any representation or warranty made by you in these Terms of Use; (b) your
submissions; or (c) your activities in connection with the web site or site
contents.
Applicable Laws and Jurisdiction
The site content and/or products
and services available through the web site are subject to United States
export controls and may not be accessed or used by: (a) a national or resident
of Cuba, Iraq, Libya, Sudan, North Korea, Iran, Syria, or any other country to
which the United States has embargoed goods; or (b) to anyone on the U.S.
Treasury Department’s list of Specially Designated Nationals or the U.S.
Commerce Department’s Table of Denial, Orders.
You hereby agree to the foregoing and represent and warrant that you
are not a national, resident or under the control of any such country on any
such list.
Copyrights and Trademarks
The web site and site contents are
the property of The Kolbe Foundation and its licensors and are protected by
the United States and International copyright laws. All copyright, trademark,
and other proprietary rights in The Kolbe Foundation site and in the services,
products, data, text, graphics, audio and video multimedia, design elements
and all other materials originated by The Kolbe Foundation at The Kolbe
Foundation web site are reserved to The Kolbe Foundation and its licensors.
Copyright © 1999 The Kolbe Foundation. All
rights reserved.
All Graphics and multimedia materials displayed on this website are the production of and in sole possession of The Kolbe Foundation. The Greatest Books are registered with the United States Copyright Office and are the sole possession of The Kolbe Foundation. No right or liciense explicit or implicit is granted for their use
In
addition, the web site may contain trademarks, logos, and links to the web
sites of third parties. Any
domain names, URL’s, trademarks or logos appearing on the web site or in any
site content are the sole property of the respective owners.