PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE (“TOU”) FOR THE HTTPS://BLOOMBERGCOALCOUNTDOWN.COM WEB SITE AND THE CONTENT INCLUDED THEREIN, INCLUDING LICENSED MATERIAL (“Website”) BEFORE USING THIS WEBSITE. By continuing to access, link to, or use this Website, You signify YOUR ACCEPTANCE OF THE TOU.
These TOU set forth the legal terms and conditions governing Your use of the Website. Bloomberg Family Foundation, Inc. (“We” or “Us”) reserves the right to modify the TOU at any time, and such modifications shall be effective immediately. Please continue to review the TOU whenever accessing, linking to, or using this Website. Your access, link to, or use of the Website, or any service on this Website, after the posting of modifications to the TOU will constitute YOUR ACCEPTANCE OF THE TOU, as modified. If, at any time, You do not wish to accept the TOU, You may not access, link to, or use this Website. Any terms and conditions proposed by You which are in addition to or which conflict with the TOU are expressly rejected and shall be of no force or effect.
SECTION 1 – DEFINITIONS
- Adapted Material means material derived from or based upon the Licensed Material and in which the Licensed Material is translated, altered, arranged, transformed, or otherwise modified in any manner.
- Effective Technological Measures means those measures that, in the absence of proper authority, may not be circumvented under laws fulfilling obligations under Article 11 of the WIPO Copyright Treaty adopted on December 20, 1996, and/or similar international agreements as well as other essentially equivalent measures anywhere in the world.
- Licensed Material means the Bloomberg Global Coal Countdown and all content therein, system including, without limitation, any data and the related databases, analysis, visualizations, text, content, photographs, video, audio, graphics, user interface, and any other materials contained therein or accessible through the Website. For the avoidance of doubt, any trademarks, trade names and logos provided on the Website are not Licensed Material.
- Licensed Rights means the rights granted to You subject to the terms and conditions of this TOU, which are limited to the license grant in Section 2(a).
- Share means to provide, distribute, or otherwise make available material (such as reports, analyses, and models) to the public or to any party outside of Yourself that includes information, data, or other content originating from the Licensed Material.
- You or Your means the individual or entity exercising the Licensed Rights under this Public License.
SECTION 2 – LICENSE GRANT AND RESTRICTIONS
- License grant. Subject to the terms and conditions of this TOU, the We hereby grant You a worldwide, royalty-free, nonsublicensable, non-exclusive, revocable license to:
- use and access the Licensed Material;
- generate Adapted Material,
- share the Licensed Material or Adapted Material.
- Limitations. For the avoidance of doubt, the Licensed Rights do not include, without limitation, the rights to:
- license, sublicense, rent, lease, lend, host, sell, resell, transfer, assign, distribute, or otherwise commercially exploit the Licensed Material (or any part thereof, including Adapted Material) in any way;
- reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Licensed Material;
- copy or reproduce all or any part of the Licensed Material, except as expressly permitted in this TOU;
- remove any titles or trademarks, copyrights, or restricted rights notices in the Licensed Material;
- submit or transmit through the Licensed Material any material, or otherwise engage in any conduct that: (i) violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity, or other proprietary rights; (ii) is unlawful, threatening, abusive, obscene, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, or content that otherwise could reasonably create liability for Us, Our affiliates or subcontractors similar to the foregoing, through the Licensed Material; (iii) contains viruses or any other malicious computer code, files, or programs that interrupt, destroy, or limit the functionality of the Licensed Material or any of Our computer software or hardware or telecommunications equipment or otherwise permit the unauthorized use of a computer or computer network; (iv) encourages unlawful conduct; (v) violates this TOU, guidelines, or any policy posted on the Website; or (vi) interferes with or disrupts the Licensed Material, the data contained in or collected by the Licensed Material, or networks connected to the Licensed Material;
- construct a database of any kind using all of or part of the Licensed Materials;
- use the Licensed Material in any manner that could damage, disable, overburden, or impair Our servers or networks or those of any network provider to which the Licensed Material may connect; and
- attempt to gain unauthorized access to any services, accounts, computer systems, or networks through hacking, password mining, or any other means. We may take legal and technical remedies to prevent violation of this provision and to enforce this TOU.
- No downstream restrictions. You may not offer or impose any additional or different terms or conditions on, or apply any Effective Technological Measures to, the Licensed Material if doing so restricts exercise of the Licensed Rights by any recipient, downstream or otherwise, of the Licensed Material.
- No endorsement. Nothing in this TOU constitutes or may be construed as permission to assert or imply that You are, or that Your use of the Licensed Material is, connected with, or sponsored, endorsed, or granted official status by, the Us, Our affiliates, partners or licensors.
- Other rights.
- Moral rights, such as the right of integrity, are not licensed under this TOU, nor are publicity, privacy, and/or other similar personality rights; however, to the extent possible, We waive and/or agree not to assert any such rights held by Us to the limited extent necessary to allow You to exercise the Licensed Rights as expressly permitted by this TOU, but not otherwise.
- Patent and trademark rights are not licensed under this TOU.
- Sharing. Your Sharing of the Licensed Rights is expressly made subject to the following conditions:
- If You Share the Licensed Material and/or Adapted Material, You must indicate that the Licensed Material and/or Adapted Material is licensed under this TOU, and include the text of, or the URL or hyperlink to, this TOU.
- You shall not use or promote the use of the Licensed Material and/or Adapted Material in connection with services, or materials that constitute, promote or are used primarily for the purpose of dealing in: spyware, adware, or other malicious programs or code, counterfeit goods, items subject to U.S. embargo, hate materials (e.g. Nazi memorabilia) or materials urging acts of terrorism or violence, goods made from protected animal/plant species, recalled goods, hacking/surveillance/interception/descrambling equipment, cigarettes, illegal drugs and paraphernalia, unlicensed sale of prescription drugs and medical devices, pornography, prostitution, body parts and bodily fluids, stolen products and items used for theft, fireworks, explosives, and hazardous materials, government IDs, police items, unlicensed trade or dealing in stocks and securities, gambling items, professional services regulated by state licensing regimes, non-transferable items such as airline tickets or event tickets, non-packaged food items, weapons and accessories.
- You shall not use, reproduce, and/or distribute Licensed Material and/or Adapted Material for a fee charge.
- You shall not use, distribute or reproduce Licensed Material and/or Adapted Material in any manner or for any purpose that violates any law or regulation, any right of any person, including but not limited to intellectual property rights, rights of privacy, or rights of personality.
- Termination. The license granted in this Section 2 continue in perpetuity except that it terminates automatically if the license to Us is terminated or if You fail to comply with these terms and conditions.
SECTION 3 – USE OF THE WEBSITE
- You represent, warrant, and covenant that You are (i) at least eighteen (18) years old; and (ii) shall use the Website only as set forth in this TOU. If You are at least eighteen (18) years old and You have not reached the age of majority in Your jurisdiction, You may only use the Website if Your parent or guardian consents to Your use of the Website, assumes the obligations provided in the TOU, and assumes full responsibility for Your use of the Website. You agree to comply with any other applicable terms and conditions of use set forth on the Website. When using the Website, You shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. This Website is controlled and operated within the United States. We do not represent that materials in the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with all applicable laws.
- You may not use the Website for any illegal purpose, to facilitate the violation of any law or regulation, or in a manner inconsistent with this TOU.
- You may not access, monitor, or copy any content or information on the Website using any robot, spider, scraper, web crawler, or other automated means or any similar manual process. You may not violate the restrictions in any robot exclusion headers on the Website, if any, or bypass or circumvent other measures employed to prevent or limit access to the Website or the Licensed Material. You may not violate the security of the Website or attempt to gain unauthorized access to the Website or computer systems or networks connected to the Website through any means.
- You may not use the Website or the Licensed Materials in unsolicited mailings or spam material.
- You may not use any of Our, Our partners’, or the Covered Entities’ (as defined below), trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material.
- You may not spam or send unsolicited mailings to any person or entity using the Website. You may use the sharing functions solely to inform others about content on this Website, and You shall immediately cease using these functions with regard to recipients who have requested not to receive such information. When using the Website, You shall remain friendly and civil and treat all users and recipients with respect and sincerity.
SECTION 4 - SUBMISSIONS
- When using the Website, including but not limited to the sharing functions, You shall not send, submit, upload, post, or other otherwise make available any material that (1) infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (2) is unlawful, harassing, libelous, slanderous, offensive, obscene, hateful, pornographic, violent, insulting, threatening, abusive, misleading, deceptive, or racially, ethnically, or otherwise objectionable; (3) contains any commercial, promotional, or solicitation information; (4) contains software viruses, worms, or any other harmful, invasive, or corrupted files, including but not limited to those designed to interrupt, destroy, or limit the functionality of any computer; or (5) contains personally identifiable information of another person.
- If You send, submit, upload, post, or otherwise make available material to the Website or to Us or Our representatives, including, without limitation, photographs, comments, information, text, video, data, corrections to Licensed Materials, feedback, or other materials, or unsolicited creative ideas, suggestions, or other materials (each a “Submission” and collectively, the “Submissions”), unless We indicate otherwise, You hereby grant Us and Our affiliates, partners, and representatives a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display any Submission, in whole or in part, throughout the world in any form, media, or technology now known or hereafter developed, including all promotion, marketing, publicity, and any other uses thereof, without notice or attribution to You or any other entity or person and without obtaining any further permission or license or making any payment whatsoever, and You acknowledge that We have no obligation to use Your Submission. You grant to Us and Our affiliates, partners, and representatives, and sublicensees the right to use the name, voice, and/or likeness that You submit in connection with such Submission and all intellectual property and other proprietary rights included in the Submission.
- You represent and warrant that You own or otherwise control all of the rights to the Submission, and that You have a valid and enforceable license from all creators of such materials, including You, and all persons identified in Your Submission to use and sublicense such materials herein; that the Submission is truthful and accurate; and that use of the material You supply does not violate the TOU and will not cause injury to any person or entity. You represent and warrant that You will indemnify Us and Our partners, Suppliers (as defined below), affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns for all claims resulting from the Submission. You hereby waive all copyright, trademark, right of publicity or privacy, and all other claims or causes of action against Us and Our partners, Suppliers, and affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns. We take no responsibility and assume no liability for any Submission by You or any third party. You agree that any physical copy of Your Submission shall be deemed, and shall remain, Our property. You agree that You shall not be entitled for any reason to terminate or rescind this license and release, nor to enjoin, restrain, or otherwise impair the exercise of any rights and privileges granted hereunder.
- We retain the right, which We may or may not exercise in Our sole discretion, to review, edit, or delete any material submitted which We, in Our sole discretion, deem illegal, offensive, abusive, in violation of the TOU, or otherwise inappropriate or unacceptable. Any material You submit to the Website or to Us or Our representative is not confidential or proprietary and We shall be under no obligation to maintain the confidentiality of any content You submit.
SECTION 5 - INTELLECTUAL PROPERTY
The Website is protected by copyrights, trademarks, service marks, international treaties, and/or other proprietary rights and laws of the U.S. and other countries. The Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Website are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Website. You acknowledge that the Licensed Material has been developed, compiled, prepared, revised, selected, and arranged by Us and others, through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of Us and such others. You agree to protect the proprietary rights of Us and all others having rights in the Website and Licensed Materials, during and after the term of this TOU and to comply with all reasonable written requests made by Us or Our partners, affiliates, suppliers, licensors, and owners of content, copyrights, trademarks, or otherwise to protect their and others’ contractual, statutory, and common law rights in the Website and Licensed Materials. You agree to notify Us in writing at firstname.lastname@example.org promptly upon becoming aware of any unauthorized access or use of the Website or Licensed Materials by any individual or entity or of any claim that the Website or Licensed Materials infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. All present and future rights in and to trade secrets, patents, copyrights, trademarks, service marks, know-how, and other proprietary rights of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Website and Licensed Materials (the “Intellectual Property Rights”) shall, as between You and Us, at all times be and remain the sole and exclusive property of Us, Our affiliates, and Our or their licensors. All present and future rights in and title to the Website and Licensed Materials (including the right to exploit the Website and Licensed Materials) are reserved to Us and Our affiliates for Our exclusive use.
SECTION 6 - LINKING AND FRAMING
- YOU MAY NOT FRAME THE WEBSITE, OR ANY PORTION THEREOF, EXCEPT AS PROVIDED HEREIN. IF YOU LINK TO THIS WEB SITE, OR ANY PORTION THEREOF, WE REQUIRE THAT YOU FOLLOW THESE TERMS.
- Restrictions on Linking to the Website. Without limiting other provisions contained in this TOU, You may include a link(s) on Your web site to the Website’s publicly accessible pages (i.e., any page which does not require a login and password and/or restrict access). You may not link to the Website any site containing an inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information that violates any applicable intellectual property, proprietary, privacy or publicity rights, or is otherwise deemed inappropriate, as determined by Us in Our sole discretion. The link to the Website must not damage, dilute or tarnish the goodwill associated with any of Our or Our affiliates’ or partners’ names and/or intellectual property, nor may the link create the false appearance that Your website and/or organization is sponsored, endorsed by, affiliated and/or associated with Us, Our affiliates or Our partners. We reserve the right, in its sole discretion, to terminate a link with any website for any reason or no reason at all, including without limitation any website that We deem to be inappropriate or inconsistent with or antithetical to this site and/or these TOU.
- Restrictions on Framing Activities. We are concerned about the integrity of the Website when it is accessed in a manner solely determined by third parties or viewed in a setting solely created by third parties. Specifically, We are concerned with activities such as bringing up or presenting content of the Website within another web site (“framing”). In this regard, without limiting the provisions contained in this TOU, You may not frame any page from the Website, except with Our express written permission. Further, You may not archive, cache, or mirror any Website page or portions of a page. If You would like to use, reprint, frame, or redistribute any Website content other than as permitted herein, You must request permission from Us by writing to email@example.com . Please include: (a) your name, e-mail address, and telephone number; (b) the name of your company; (c) the Web site address(es) where the proposed use will occur; and (d) specific details about the contemplated linking or framing activities, including the content or Web page(s) of this Web site which you would like to use.
SECTION 7 - DISCLAIMER OF WARRANTIES/LIMITATIONS ON LIABILITY
- YOU AGREE THAT YOUR USE OF THE WEBSITE AND LICENSED MATERIALS IS AT YOUR SOLE RISK AND ACKNOWLEDGE THAT ALL INFORMATION CONTAINED IN THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND THAT WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE AND LICENSED MATERIALS, INCLUDING, BUT NOT LIMITED TO, ACCURACY, TIMELINESS, MERCHANTABILITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OR USE.
- We do not warrant that the Website is compatible with Your equipment or that the Website, or e-mail sent by Us or Our representative, is free of errors or viruses, worms or “Trojan horses,” or any other harmful, invasive, or corrupted files, and is not liable for any damage You may suffer as a result of such destructive features. You agree that We and Our partners, suppliers, and affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall have no responsibility or liability for: (i) any injury or damages, whether caused by Our negligence or that of Our partners, suppliers, and affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns or otherwise arising in connection with the Website and/or Licensed Materials and shall not be liable for any lost profits, losses, punitive, incidental, or consequential damages, or any claim against Us; or (ii) any fault, inaccuracy, omission, delay, or any other failure in the Website and/or Licensed Materials caused by Your computer equipment or arising from Your use of the Website and/or Licensed Materials on such equipment.
- The content of other websites, services, goods, or advertisements that may be linked to or from the Website is not maintained or controlled by Us. We are therefore not responsible for the availability, content, or accuracy of other websites, services, or goods that may be linked to or from the Website. We do not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Website; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, or goods, that may be linked to or from the Website; or (c) make any endorsement, express or implied, of any other websites, services, or goods, that may be linked to or from the Website. For the avoidance of doubt, this paragraph covers websites linked to or from the Website, including, but not limited to social networking websites and globalenergymonitor.org, stateofglobalcoal.org, energyandcleanair.org, poweringpastcoal.org, and bloomberg.org. Any statements, opinions, or other information made available by third parties, including users, are solely those of the respective author(s) or distributor(s).
- We are also not responsible for the reliability or continued availability of the telephone lines, wireless services, communications media, and equipment You use to access the Website. You understand that We and/or suppliers to the Website may choose at any time to inhibit or prohibit Our or their content from being accessed under the TOU, even if You have already begun participating in a particular activity or utilizing a particular feature. Anything to the contrary herein set forth notwithstanding, We and Our partners, suppliers, and affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns shall not, directly or indirectly, be liable, in any way, to You or any other person for any: (x) inaccuracies or errors in or omissions from the Website and/or Licensed Materials; (y) delays, errors, or interruptions in the transmission or delivery of the Website and/or Licensed Materials; or (c) loss or damage therefrom or occasioned thereby, or by any reason of nonperformance.
- UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE AND OUR PARTNERS, SUPPLIERS, AND AFFILIATES AND THEIR RESPECTIVE OWNERS, MEMBERS, AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AFFILIATES, SUCCESSORS, AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES EVEN IF WE HAVE BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE WEBSITE OR ANY LINKS OR ITEMS ON THE WEBSITE OR ANY PROVISION OF THE TOU. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
- In the event You have a dispute with one or more users of the Website, You release Us and Our partners, Suppliers, and affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns from any claims, damages, liabilities, costs, and expenses, including reasonable attorney’s and expert’s fees, arising out of or in connection with such dispute.
SECTION 8 - INDEMNIFICATION
You agree, at Your own expense, to indemnify, defend and hold Us and Our partners, suppliers, and affiliates and Our and their respective owners, members, agents, directors, officers, employees, representatives, affiliates, successors, and assigns against any claim, suit, action or other proceeding, from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorney’s and expert’s fees, arising out of or in connection with the Website and/or Licensed Materials, or any links on the Website, including, but not limited: (i) any breach or violation of the TOU by You or someone using Your computer; (ii) material entered into or transmitted through the Website with the use of Your computer; (iii) Your use or someone using Your computer’s use of the Website; (iv) a claim that any use of the Website, Licensed Materials and/or Adapted Materials by You or someone using Your computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; or (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Website and/or Licensed Materials by You or someone using Your computer. You agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’ fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. We reserve the right, at Our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will fully cooperate with Us in asserting any available defense.
SECTION 9 - TERM AND TERMINATION
- You may terminate the TOU, with or without cause and at any time, by discontinuing Your use of the Website and destroying all materials obtained from the Website.
- We shall have the right immediately to terminate the TOU in the event of any breach by You of the TOU. We may discontinue the Website, or change its availability to You, at any time in Our sole discretion. You accept that We have the right to change the content or technical specifications of any aspect of the Website at any time in Our sole discretion. You further accept that such changes may result in Your being unable to access the Website.
- We shall not be liable to You or any third party for the termination or suspension of the Website, or any claims related to the termination or suspension of the Website. Upon termination of the TOU by You or Us, You must discontinue Your use of the Website and destroy promptly all Licensed Materials obtained from the Website and any copies thereof.
SECTION 10 - GOVERNING LAW
The TOU shall be governed and construed in accordance with the laws of the United States and the State of New York, without giving effect to conflicts-of-law principles thereof. You agree to submit to the personal jurisdiction of the state and federal courts located in New York County in the State of New York with respect to any legal proceedings that may arise in connection with the Website or from a dispute as to the interpretation or breach of the TOU and hereby waive any objection to the propriety or convenience of venue is such courts.
SECTION 11 - ELECTRONIC COMMUNICATIONS
When You visit this Website and when You communicate with Us electronically, You consent to receive communications from Us electronically and to electronically sign documents. You agree that all notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications be in writing. You agree that You have the ability to store such electronic communications such that they remain accessible to You in an unchanged form. We will retain a copy of any agreement or document You sign electronically, including through this Website, and You are responsible for retaining a copy of any agreement or document You sign electronically, including through this Website.
SECTION 12 - ASSIGNMENT/DELEGATION
You may not assign or transfer the TOU or the rights hereunder, including but not limited to, the limited right for You to access use the Website in accordance with the TOU. We may assign the TOU to an affiliated entity, a partner, or any third party. You acknowledge and agree that We may delegate certain of Our responsibilities, obligations, and duties under or in connection with the TOU to an affiliated entity, a partner, or any third party, which may discharge those responsibilities, obligations, and duties on behalf of Us.
SECTION 13 - PARTIES/THIRD-PARTY BENEFICIARIES
You recognize that We and Our affiliated entities, partners, and suppliers, and their affiliated entities (together, the “Covered Entities”), each have rights with respect to the Website and Licensed Materials, including the information and other items provided by Us and the Covered Entities by reason of Your use of the Website. The TOU shall be for the benefit of the Covered Entities and the respective affiliates, successors, assigns, officers, directors, employees, suppliers, and representatives of the Covered Entities.
SECTION 14 - TRADEMARKS
You may not use any of Our trademarks, trade names, service marks, copyrights, or logos, or Our licensors’, the Covered Entities’, or their licensors’ trademarks, trade names, service marks, copyrights, or logos, including without limitation BLOOMBERG PHILANTHROPIES and design, in any manner which creates the impression that such items (i) belong to or are associated with You or indicate the sponsorship or approval of Us, Our licensors, any Covered Entity, or their licensors; or (ii) except as otherwise provided herein, are used with Our, Our licensors’, the Covered Entities’, or their licensors’ consent, and You acknowledge that You have no ownership rights in or to any of such items.
SECTION 15 - GENERAL
The TOU and any other terms and conditions of service on the Website constitute the entire agreement between You and Us and govern Your use of the Website. The section titles in the TOU are used solely for the convenience of You and Us and have no legal or contractual significance. Our failure to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of the TOU will remain in force. Sections 1-8, 9(c), and 10 through 15 shall survive termination or expiration of this TOU.
If you have any questions regarding this End User License Agreement, please contact: firstname.lastname@example.org