Terms and Conditions of Use
Welcome to the Edmond J. Safra Foundation’s Web site located at http://www.edmondjsafra.org (the “Web site”). The Web site is owned and operated by the Edmond J. Safra Foundation (the “Foundation,” “we,” or “us”). The following are the Terms and Conditions of Use for the Web site (the “Terms and Conditions”).
By using the web site, you acknowledge that you have read and are legally bound by these terms and conditions. If you do not agree to these terms and conditions, please do not use the web site and exit immediately. We reserve the right to modify or amend these terms and conditions from time to time without prior notice. Your continued use of the web site and any affiliate web sites following the posting of changes to these terms and conditions will mean you accept those changes.
Compliance with Law
Users of the Web site shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.
Disclaimer of Warranties and Limitation of Liability
The content provided on the Web site is presented as a courtesy to be used only for informational purposes and is not represented to be error free. The Foundation makes no representations or warranties of any kind with respect to the Web site or its content, such representations and warranties being expressly disclaimed. The Foundation does not warrant that the Web site or the server(s) that make the Web site available are free of viruses or other harmful components. Moreover, the Foundation does not represent or warrant that the content of the Web site is accurate, complete or current for any specific or particular purpose or application. The Web site is not intended to provide, nor should anyone consider that the Web site provides, medical, legal, accounting, tax or other advice. In addition, the Foundation is not endorsing or recommending the use of the means or methods contained on or through the Web site for any special or particular purpose. In no event will the Foundation or any of its officers, trustees, employees, agents or contractors (collectively, “Representatives“) be liable for any damages, whether direct, indirect, special, general, consequential, for alleged lost profits or otherwise, that might result from any use of or reliance on materials or links made available on or through the Web site.
Trademarks. All trademarks, service marks and trade names of the Foundation used in the Web site (including, but not limited to, the Edmond J. Safra Foundation name and the Edmond J. Safra Foundation logo) (collectively, the “Marks“) are trademarks or registered trademarks of the Foundation or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Web site, without the Foundation’s prior written consent. The use of the Marks on any other Web site or network computer environment is not allowed.
Embeddable Player and Widgets
To the extent that the Foundation makes available to you through the Web site (or otherwise) an embeddable player for viewing video and playing audio Content from the Web site (the “Embeddable Player”) and/or “widgets” to obtain access to Content from the Web site (“Widgets”), you agree as a condition to accessing and using such items that: You will not alter or modify any part of the Embeddable Player, the Widgets or any of their related technologies.
- You will include a prominent link back to the Web site on the pages containing the Embeddable Player and/or Widgets, and you may not modify, build upon or block any portion of the Embeddable Player and/or Widgets in any way.
- You will not use the Embeddable Player and/or Widgets for any commercial use, without the prior written authorization of the Foundation. Prohibited commercial uses include any of the following actions taken without the Foundation’s prior written approval:
- Sale of access to the Web site or its related services (such as the Embeddable Player and Widgets) on another Web site;
- Use of the Web site or its related services (such as the Embeddable Player and Widgets), for the primary purpose of gaining advertising or subscription revenue.
Access and Interference
You agree not to circumvent, disable or otherwise interfere with security-related features of the Web site or features that prevent or restrict use or copying of any content or enforce limitations on use of the Web site or the Content therein. You agree that you will not use any bot, crawler, harvester, indexer, robot, spider, scraper or any other automated means to access, compile, read or gather content from the Web site automatically. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Web site or any activities conducted on the Web site; or (c) bypass any measures we may use to prevent or restrict access to the Web site.
You agree to indemnify, defend and hold harmless the Foundation and the Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the Web site, any assistance or services provided by us or the Representatives to you, any alleged unauthorized use of the Web site by you, or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.
In the event that you have a dispute with one or more other users of the Web site, you release the Foundation and Representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Applicable Law and Jurisdiction
The site is controlled and operated from the Foundation’s offices in the State of New Jersey. By accessing the site, you agree to be bound by the terms and conditions of this agreement which is governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any conflict of laws principles. All activity occurring in connection with the site (including, but not limited to, accessing pages, downloading materials, etc.) is presumed to occur in the State of New Jersey. In connection with any suit, action or proceeding arising from or relating to these Terms and Conditions, you consent to the jurisdiction of the federal and state courts within the State of New Jersey.
Electronic Communications; Binding and Entire Agreement
You agree that (a) these Terms and Conditions constitute an agreement “signed by you” under applicable law; (b) any notices or other communication regarding your use of the Web site may be provided to you electronically (by posting on the Web site, by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms and Conditions constitute the entire agreement between you and the Foundation and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the Web site.
If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law. No Waiver The Foundation’s failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of the Foundation’s rights, and the Foundation reserves its right to take all legal steps available to enforce these Terms and Conditions.
We reserve the right to terminate the Web site and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, Release and Applicable Law and Jurisdiction provisions of these Terms and Conditions shall survive any such termination.