Terms of Use for CPF Digital Archive
Date of last revision: October 18, 2019
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://www.cloverfieldspreservationfoundation.org website (the "Service") operated by The Cloverfields Preservation Foundation ("CPF", "us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
Privacy Policy
By agreeing to these Terms, you agree to the terms of our
Privacy Policy, which is expressly incorporated herein. Before using the Service, please carefully review our Privacy Policy. All information provided to us as a result of your use of the Service will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies between these Terms and our Privacy Policy, these Terms control.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of CPF and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
The presence of any content on the Service ("Content") does not constitute a waiver of any right in such Content. You do not acquire ownership rights to any such Content viewed through the Service. Except as otherwise provided herein, none of the Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted to the extent necessary to lawfully access and use the Service and to display, download, or print portions of the Service on a temporary basis and for your personal, educational, noncommercial use only, provided that you (i) do not modify the Content; (ii) you retain any and all copyright and other proprietary notices contained in the Content; and (iii) you do not copy or post the Content on any network computer or broadcast the Content in any media.
Trademarks
CPF name and logo, all product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within the Service, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of CPF (the "CPF Marks"). All other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within the Service are the property of their respective owners. You are not authorized to display or use the CPF Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners featured within the Service without the prior written permission of such owners. The use or misuse of the CPF Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
Your Obligations
In consideration of your use of the Service, you agree that to the extent you provide personal information to CPF, it will be true, accurate, current, and complete and that you will update all personal information as necessary.
You agree to use the Service in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the Service any computer viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to the Service is strictly prohibited. We reserve all rights and remedies available to us.
Termination
CPF may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless CPF and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and other legal expenses), resulting from or arising out of your use and access of the Service in violation of these Terms and/or arising from a breach of these Terms and/or any breach of representations and warranties set forth herein. We reserve the right to defend any such claim, and you agree to provide us with such reasonable corporation and information as we may request.
Limitation of Liability
In no event shall CPF, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not CPF has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
We make no representations or warranties with respect to the Service or its Content, or any product or service available on or promoted through the Service. Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
To the fullest extent permitted by law, CPF, its affiliates, and their service providers and licensors disclaim any and all representations and warranties, whether express, implied, arising by statute, customer, course of dealing, course of performance, or in any other way, with respect to the Service, Content, and products or services available or promoted through the Service. Without limiting the generality of the foregoing, CPF and its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the state of Maryland, United States of America, without regard to its conflict of law provisions.
CPF’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms (together with our Privacy Policy) constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
CPF reserves the right, at our sole discretion, to modify or replace these Terms at any time by posting the new Terms on this page. You are advised to review these Terms periodically for any changes.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you may not access the Service.
Contact Us
If you have any questions about these Terms, please contact us at: contact@thecloverfieldspreservationfoundation.org