Terms of Use | MSZ Foundation

TERMS AND CONDITIONS OF USE

Last updated: March 27, 2019

By using our website, you are accepting the terms of use. We reserve the right to modify or amend these terms from time to time without notice. Your continued use of the Website following the posting of changes of these terms of use will mean you accept those changes.

1. Trademarks

All trademarks, service marks and trade names of the Maky and Shaun Zanganeh Foundation or its partners, vendors or licensors used herein (including, but not limited to, the Maky and Shaun Zanganeh Foundation name and the Maky and Shaun Zanganeh Foundation logo) (collectively “Marks”) are trademarks or registered trademarks of the Maky and Shaun Zanganeh Foundation or its partners, vendors or licensors. 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 this Website, without the Maky and Shaun Zanganeh Foundation’s prior written consent. The use of the Marks on any other Website or network computer environment is not allowed. The Maky and Shaun Zanganeh Foundation prohibits the use of the Marks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance.

2. Submission Policy

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website or the Maky and Shaun Zanganeh Foundation services (“Submissions”) provided by you to the Maky and Shaun Zanganeh Foundation are non-confidential and the Foundation (as well as any designee of the Foundation) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.

3. Inappropriate Materials and Submissions

You are prohibited from submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. You further understand and agree that sending unsolicited e-mail advertisements to the Website or any user of the Website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. We will fully cooperate with any law enforcement authorities or court order subpoena requesting or directing us to disclose the identity of anyone submitting such materials.

4. Third-party Links

From time to time, this Website may contain links to websites that are not owned, operated or controlled by the Maky and Shaun Zanganeh Foundation. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

5. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. 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 Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.

6. Force Majeure

Neither the Maky and Shaun Zanganeh Foundation nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.

If a Party wishes to claim protection in respect of an Event of Force Majeure, it shall, as soon as possible following the occurrence or date of commencement of such Event of Force Majeure, notify the other Party of the nature and expected duration of such Event of Force Majeure and shall thereafter keep the other Party informed until such time as it is able to perform its obligations. The Parties shall use their reasonable endeavours to:

(i) overcome the effects of the Event of Force Majeure;

(ii) mitigate the effect of any delay occasioned by any Event of Force Majeure, including by recourse to alternative mutually acceptable (which acceptance shall not be unreasonably withheld by either Party) sources of services, equipment and materials; and

(iii) ensure resumption of normal performance of this Agreement as soon as reasonably practicable and shall perform their obligations to the maximum extent practicable,

provided that neither Party shall be obliged to settle any strike, lock out, work stoppage, labour dispute or such other industrial action by its employees.

7. Disclaimers

Your use of this Website is at your own risk. The information, materials and services provided on or through this Website are provided “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property. We do not warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and the Maky and Shaun Zanganeh Foundation does not make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

8. Limitations of Liability

The Maky and Shaun Zanganeh Foundation does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control.

In no event will the foundation, or any of its officers, trustees, directors, employees, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any websites linked to this Website, or the materials, information or services contained on any or all such websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. You specifically acknowledge that the Maky and Shaun Zanganeh Foundation shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. In no event shall the Ford Foundation’s total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed twenty-five dollars ($25.00).

9. Indemnity

You agree to defend, indemnify, and hold the Maky and Shaun Zanganeh Foundation harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to the Maky and Shaun Foundation; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.

10. Release

In the event that you have a dispute with one or more other users of the Website, you release the Maky and Shaun Zanganeh Foundation (and our officers, trustees, directors, employees, agents, successors and assigns) from 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.

11. Entire Agreement

These Terms and Conditions are the entire agreement between the user and the Maky and Shaun Zanganeh Foundation and supersede any prior understandings or agreements (written or oral).

12. Copyright Notice

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