This website, located at uniform resource locator www.opentech.fund (the “Website” or “Site”), is Open Technology Fund, Inc. (“OTF”,” “we,” “our,” or “us”) to the person accessing the Site (“you,” or “your”).
By accessing and using the Website, you accept, without limitation or qualification, and agree in good faith to the following Terms of Use (“Terms”) and all applicable laws and regulations. OTF may, at any time and without notice, modify these Terms of Use by revising them on the Site. Your continued use of the Site constitutes your acceptance of any such revisions. You should therefore periodically visit this page to review the current Terms. You may not modify these Terms except in a written agreement signed by OTF.
If you do not accept the Terms, you may not access or use the Website and must exit the Site immediately. If you breach these Terms your authorisation to use the Website automatically terminates.
The Website is intended for individuals 18 years of age or older. By using or accessing the Website, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age or do not agree with the Terms, do not use or access the Website.
Our Proprietary Rights and Re-Use Policy
The material on the Website is provided for general informational purposes and is protected by copyright, trademark, patent, and/or other intellectual property laws. You may use the Site solely for the purposes of learning about (i) OTF’s services for providing contracts and (ii) OTF’s general work in the field of internet freedom. You may not use, reproduce or distribute the text, graphics, downloads, tools or any other content on the Site for any other purpose, and any unauthorized use of the materials may violate such laws. You agree to comply with all applicable laws, governmental regulation and guidelines with respect to or otherwise arising out of your use of the Website.
Notice of Electronic Communications
When you visit the site or send emails to OTF, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. 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.
Privacy
OTF’s Privacy Policy is incorporated and made part of these Terms. You hereby agree to such Privacy Policy. Any personal data (for example, your name, address, telephone number or email address) that you transmit to the Site by electronic mail or otherwise will be used by OTF in accordance with the Privacy Policy. Any other communication or material you transmit to the Site, such as questions, comments, suggestions or the like, will be treated as non-confidential and non-proprietary.
Third-Party Links
In an attempt to provide increased value to our visitors, we may provide links to other websites and resources. However, even if the third party is affiliated with OTF, OTF has no control over those sites and resources, all of which may have separate privacy and data collection practices, independent of OTF. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, OTF specifically disclaims any responsibility if such sites: (i) infringe any third party’s intellectual property rights; (ii) are inaccurate, incomplete or misleading; (iii) are not merchantable or fit for a particular purpose; (iv) do not provide adequate security; (v) contain viruses or other items of a destructive nature; or (vi) are libelous or defamatory. By accessing and using this Site, you acknowledge and agree that OTF does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.
Trademarks
The following trademarks are our property: OTF and Open Technology Fund, in plain text and stylized version. These marks may not be used without our consent on any product or service, except our own.
Copyright
Copyright © 2021, Open Technology Fund. ALL RIGHTS RESERVED.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of OTF or its content suppliers and protected by domestic and international copyright laws. The compilation of all content on the Site is the exclusive property of OTF and protected by domestic and international copyright laws. All software used on the Site is the property of OTF or its affiliates and protected by domestic and international copyright laws. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
Claims of Copyright Infringement
We respect the intellectual property rights of others and expect users of the Website to do the same. Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998). If you believe that your work has been copied in a way that constitutes copyright infringement, please contact OTF’s designated agent for notice of alleged copyright infringement appearing on the Website at:
General Counsel
Open Technology Fund
1015 7 St NW, 3rd Floor
Washington DC 20001
United States
Email: [email protected]
Filing a notice of infringement with OTF requires compliance with the requirements specified in Title II of the Digital Millennium Copyright Act of 1998.
Content and Disclaimers
The Website is for general informational purposes only, and may not be up-to-date, accurate or complete. The Website contains information about Open Technology Fund, Inc. The Website may also contain information about companies and organisations in which OTF has invested.
THE SITE, ITS CONTENT, MATERIALS, SERVICES AND PRODUCTS ON THE SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, OTF HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OTF does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that the Site or the server that makes the Site available are free of viruses or other harmful components. OTF does not make any warranties or representations regarding the use of the materials in the Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Additionally, the possibility exists that a third party could make unauthorised alterations to the Website’s content or features. Although we attempt to ensure the integrity of the Website, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which the Website’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Website. Some jurisdictions in the United States do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Conduct
You agree that you will not:
-Use the Website or any content on the Website for any unlawful purpose;
-Submit or otherwise transmit any defamatory, libelous, abusive, harassing, obscene, indecent, threatening or illegal material, or any material that infringes the intellectual property rights of others, to or through the Website;
-Use the Website or any Website content to send unsolicited mass mailing, email, junk mail, “spam”, chain letters or promotions or advertisements for products or services;
-Forge any TCP/IP packet header or any part of the header information in any email, content/information/data submitted on or through the Website or Website content to send altered, deceptive or false source-identifying information;
-Interfere with, or attempt to interfere with, the access of any Website user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website; or,
-Frame or mirror any part of the Website without our prior written authorization.
Responsibility for Your Content and Communications
You agree that you are solely responsible for any content, feedback and communications sent by you to or through the Website, and you agree that we may use, reproduce, modify, create derivative works of, display, perform and/or distribute any such content, feedback or communication that you submit to us as we deem necessary in our reasonable discretion, provided that use and/or distribution of such information shall be in accordance with the Privacy Policy.
We may delete any information submitted to us at any time and without notice to you or anyone else. We reserve the right to investigate and prosecute violations of these Terms, including intellectual property rights infringement and security issues, to the fullest extent of the law. Further, we may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
Limitation of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER OTF NOR ANY OF THEIR SUBSIDIARIES, AFFILIATES, OFFICERS OR DIRECTORS, NOR ANY OF THEIR AGENTS, EMPLOYEES, CONSULTANTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Your sole remedy for dissatisfaction with the site, content services, or any linked site is to stop your use of it. Some jurisdictions in the United States do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless OTF and its directors, officers, employees, and consultants, from and against any claim or demand (including reasonable attorney fees) arising from: (a) your activities in connection with the Website; (b) any violation of this Policy by you; and, (c) any allegation that any submissions or other materials you submit to us or transmit to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property of other rights of any third party.
Law and Jurisdiction
These Terms of Use and your use of the Site are governed by the laws of the District of Columbia, without regard to its choice of law provisions. The courts of general jurisdiction located within Washington D.C., will have exclusive jurisdiction over any and all disputes arising out of, relating to or concerning these Terms of Use and/or the Site or in which these Terms of Use and/or the Site are a material fact.
Assignment
OTF may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
Questions and Feedback
We welcome your questions, comments, and concerns about the Site. Please send us any and all feedback pertaining to the Site by contacting us at [email protected].
General Provisions
Except as provided in a particular “Legal Notice” on this Site, these Terms of Use, along with the OTF’s Privacy Policy, constitute the entire agreement and understanding between you and OTF with respect to use of the Site, superseding all prior or contemporaneous communications with OTF. These Terms of Use are severable, and if for any reason a court of competent jurisdiction finds any provision of these Terms, or portion of these Terms, to be unenforceable, that provision will be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms will continue in full force and effect. Any failure of OTF to enforce or exercise any provision of these Terms or related right will not constitute a waiver of that right or provision.
A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based upon or relating to use of the Site to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The section titles of this Agreement are displayed for convenience only and have no legal effect. Nothing in this Agreement shall be deemed to confer any third-party rights or benefit.
Survival
The provisions of these Terms of Use entitled “Content and Disclaimers,” “Indemnification,” “Limitation of Liability,” “Law and Jurisdiction” and “General Provisions” will survive the termination of this Agreement.
See further: