These Terms of Use (the “Terms”) govern your access and use to the website at www.interactivityfoundation.org and Interactivity Foundation’s other websites (collectively, the “Websites”), web-based applications, apps, platforms, and services owned and operated by the Interactivity Foundation, including, but not limited to, any content, functionality, and services offered on or through the Websites, all transactions conducted on the Websites and all Interactivity Foundation services provided in connection with the Websites (collectively, the “Services”) operated by Interactivity Foundation (together with its affiliates, officers, directors, agents, employees, representatives, and their respective affiliates, collectively “Interactivity Foundation”, “Collaborative Discussion Project”, “we”, or “us”).
By using the Websites and/or Services, whether as a guest or a registered user, or by clicking to accept the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, which is incorporated into these Terms.
If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Websites and/or Services.
The term “Interactivity Foundation” or “us” or “we” refers to the owner of the Websites and/or Services (together with its affiliates, officers, directors, agents, employees, representatives, and their respective affiliates). The term “you” refers to the user or viewer of our Websites and/or Services.
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them (as indicated by the posted update date). You are responsible for regularly reviewing these Terms. Your continued use of the Websites and/or Services following the posting of changes to the Terms indicates your acceptance of those revisions. If you do not agree to any of these terms or any future version of the Terms, you must immediately terminate your registered accounts on the Websites and Services and immediately stop participating in, accessing, or using the Websites and Services.
We are committed to protecting your privacy. Our Privacy Policy describes the information that we collect and how we will use your information. By using the Websites and/or Services, you consent to the processing described in the Privacy Policy.
Interactivity Foundation does not knowingly collect or retain personal identifying information from persons under the age of 13. We strongly urge children to check with their parents before entering information on its Websites and/or Services, and we urge parents to discuss with their children restrictions concerning the online release of personal identifying information to anyone they do not know.
You must be at least 18 years of age to create an account or share information on these Websites and/or Services. By creating an account on these Websites and/or Services, you represent and warrant that you are at least 18 years of age and that you are legally competent and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. Interactivity Foundation assumes no responsibility if you misrepresent your age.
You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.
When buying an item or purchasing a service, you agree that: (i) you are responsible for reading the full item or service listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item or service when you commit to buy an item and you complete the check-out payment process.
The prices we charge for using our services or for our products are listed on the website or on other marketplaces, online platforms, or physical locations where we sell our services or products. We reserve the right to change our prices for products or services displayed at any time, and to correct pricing errors that may inadvertently occur.
The fee for the services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your payment method.
For any products you purchase from us through an online marketplace (such as Amazon.com) or other online platform, please refer to and follow the specific refund, return and warranty claim policies specified on each product listing on the specific marketplace or platform from which you purchased the product.
For any undamaged product you purchase directly from us outside those online marketplaces or platforms, simply return it to the return address shown below with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method.
When we receive a valid warranty claim for a product purchased directly from us outside those online marketplaces or platforms, we will either repair the relevant defect or replace the product. If we are unable to repair or replace the product within a reasonable time, the customer will be entitled to a full refund upon the prompt return of the product to us at the return address shown below. We will pay for shipment of repaired or replaced products to the customer and the customer will be responsible for return shipment of the product to us.
For any services you purchase or events for which you pay a registration fee or purchase tickets, please refer to and abide by the specific refund policy included in the service listing or event description for each individual service or event.
Please contact [email protected] regarding any questions about our return or refund policy.
Return Address:
Interactivity Foundation
2930 Brookside Circle,
Parkersburg, WV 26104
The Websites and/or Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement of all of these) are owned by Interactivity Foundation, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Websites and/or Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites and/or Services, except as follows:
You must not:
You must not access or use the Websites and/or Services, or any services or materials offered through the Websites and/or Services, for any commercial purposes.
If you wish to make any use of materials on the Websites and/or Services that is not expressly permitted by this section, please address your request to: [email protected].
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Websites and/or Services in breach of these Terms, your right to use the Websites and/or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Websites and/or Services or any content on the Websites and/or Services is transferred to you, and all rights not expressly granted are reserved by Interactivity Foundation. Any use of the Websites and/or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
As a user of these Websites and/or Services, you may be asked to register with us and provide personal information. Any information that you provide must be current, correct, and complete. All information that you provide to register with the Websites and/or Services is governed by our Privacy Policy.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites and/or Services using your username, password, or other security information. You are responsible for any activity that occurs under your account. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. These Websites and/or Services must not be framed on any other site, nor may you create a link to any part of these Websites and/or Services other than the home page. We reserve the right to withdraw linking permission without notice.
We do not monitor or review the content of other party’s Websites and/or Services which are linked to from these Websites and/or Services. Opinions expressed or material appearing on such Websites and/or Services are not necessarily shared or endorsed by us and we should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Interactivity Foundation will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure of personal information to third parties.
The Websites and/or Services may contain message boards, chat rooms, personal web pages or profiles, forums, and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Websites and/or Services.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Websites and/or Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Interactivity Foundation, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to you or any third party for the content or accuracy of any User Contributions posted by you or any other user of the Websites and/or Services.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
In addition, you are prohibited from doing or attempting to do the following:
We have the right to:
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website and/or Services. YOU WAIVE AND HOLD HARMLESS INTERACTIVITY FOUNDATION AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review all material before it is posted on the Websites and/or Services, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
We may update the content on the Websites and/or Services from time to time, but its content is not necessarily complete or up to date. Any of the material on the Websites and/or Services may be out of date at any given time, and we are under no obligation to update such material.
In addition, we may, without prior notice, change the Services; stop providing the Websites and/or Services, in whole or in part, or any features of the Websites and/or Services we offer; or create limits for the Websites and/or Services. We may permanently or temporarily terminate or suspend access to the Websites and/or Services, at any time, in our sole discretion, without notice and liability to you for any reason, or for no reason.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Websites and/or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE WEBSITES AND/OR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES IS AT YOUR OWN RISK. THE WEBSITES AND/OR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES AND/OR SERVICES ARE PROVIDED OR SOLD ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER INTERACTIVITY FOUNDATION NOR ANY PERSON ASSOCIATED WITH INTERACTIVITY FOUNDATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITES AND/OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER INTERACTIVITY FOUNDATION NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITES AND/OR SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITES AND/OR SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, INTERACTIVITY FOUNDATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL INTERACTIVITY FOUNDATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITES AND/OR SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA OR OTHER INTANGIBLE LOSSES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INTERACTIVITY FOUNDATION ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Interactivity Foundation, its directors, officers, employees, consultants, agents, representatives, and affiliates from all third-party claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys’ fees) arising from your use of the Websites and/or Services or your breach of the Terms of Use, including, but not limited to, your User Contributions, any use of the Websites’ content or services, or your use of any information obtained from the Website and/or Services.
No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
All matters relating to the Websites, and/or Services, and these Terms, and any dispute or claim arising from or related to them (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of West Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of West Virginia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Websites and/or Services shall be instituted exclusively in the federal courts of the United States, the Circuit Court of Wood County, West Virginia, or in the United States District Court for the Southern District of West Virginia, and no other (although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country). You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
The Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and Interactivity Foundation regarding the Websites and/or Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Websites and/or Services.
