1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
imeu.org, owned and operated by Institute for Middle East Understanding. (“IMEU”), is provided to you (“User”) under the terms and conditions of this Institute for Middle East Understanding Terms of Service (“IMEUTS”) and any operating rules or policies that may be published by IMEU. The IMEUTS comprises the entire agreement between User and IMEU and supersedes all prior agreements between the Parties regarding the subject matter contained herein.
2. DESCRIPTION OF SERVICES
IMEU sites are owned and operated by IMEU for the purpose of providing educational fora and tools for journalists and the public (the “Purpose”).
3. MODIFICATION TO TERMS OF SERVICE
IMEU reserves the right, at IMEU’s sole discretion, at any time and from time to time to modify or discontinue, temporarily or permanently, any or all IMEU Sites or the IMEUTS (or any part thereof). Such modifications shall be effective immediately upon posting of the modified agreement to the website unless provided otherwise (e.g., when implementing major, substantive changes, IMEU intends to provide Users with up to fourteen days of advance notice). Your continued use of the IMEU Sites following the posting of changes to the IMEU Sites or IMEUTS means that you accept those changes. IMEU reserves the right that IMEU shall not be liable to any User or other third party for any such modification, suspension or discontinuance except as expressly provided herein.
4. CONTENT OWNERSHIP
All information, data, text, software, music, sound, photographs, graphics, video, messages, or any other materials whatsoever (collectively, “Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that the User, and not IMEU, is entirely responsible for all Content that he or she uploads, posts, emails or otherwise transmits via the IMEU Sites. No User shall transmit Content or otherwise conduct or participate in any activities on IMEU Sites that is likely to be prohibited by law in any applicable jurisdiction, including laws governing the encryption of software, the export of technology, the transmission of obscenity, or the permissible uses of intellectual property. IMEU reserves the right to use any public information to promote IMEU services.
5. CONTENT RESPONSIBILITY
User acknowledges and agrees that IMEU neither endorses the Contents of any User communications nor assumes responsibility for any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising therefrom or any crime facilitated thereby.
IMEU reserves the right to refuse or delete any Content of which it becomes aware and reasonably deems not to fulfill the Purpose. In addition, IMEU shall have the right (but not the obligation) in its sole discretion to refuse or delete any Content that it reasonably considers to violate the IMEUTS or be otherwise illegal.
6. NO UNLAWFUL OR PROHIBITED USE
By using IMEU Sites, you warrant to IMEU that you will not use IMEU Sites, or any of the content obtained from IMEU Sites, for any purpose that is unlawful, intentionally or unintentionally, in accordance with any applicable local, state, national or international law or prohibited by these Terms. If you violate any of these Terms, your permission to use the IMEU Sites automatically terminates.
Should Content be found or reported to be in violation with, but not limited to, the following terms, it will be in IMEU’s sole discretion as to what action should be taken. Prohibited unlawful actions include, but are not limited to:
(a) upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
(b) harm minors in any way;
(c) impersonate any person or entity, including, but not limited to, a IMEU official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the IMEU Sites;
(e) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(f) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any third party;
(g) upload, post, or transmit unsolicited commercial email or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (a) sending mass email to recipients who haven’t requested email from you or with a fake return address,; (b) promoting a site with inappropriate links, titles, descriptions, or (c) promoting your site by posting multiple submissions in public forums that are identical;
(h) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(j) “stalk” or otherwise harass another;
(k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
(l) offer for sale or sell any item, good or service that (a) violates any applicable federal, state, or local law or regulation, (b) you do not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (c) is inappropriate for sale through the IMEU Sites;
(m) exceed the scope of the Service that you have signed up for; for example, accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other peoples comments or Content.
User acknowledges and agrees that IMEU may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the IMEUTS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of IMEU, its Users and the public.
7. DISCLAIMER OF WARRANTIES
USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT USER’S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
IMEU EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SPECIFICALLY, IMEU MAKES NO WARRANTY THAT (i) THE IMEU Sites OR ANY SERVICE THEREON WILL MEET YOUR REQUIREMENTS, (ii) ANY USER ACCESS WILL BE CONTINUOUS, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE QUALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY ANY USER WILL MEET HIS OR HER EXPECTATIONS, AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. IMEU DOES NOT GUARANTEE SECURE ACCESS TO IMEU Sites. OPERATION OF IMEU Sites MAY BE SUBJECT TO INTERFERENCE FROM NUMEROUS FACTORS OUTSIDE OUR CONTROL. FURTHER, SCHEDULED AND PREVENTIVE MAINTENANCE AS WELL AS REQUIRED AND EMERGENCY MAINTENANCE WORK MAY TEMPORARILY INTERRUPT SERVICES OR ACCESS TO THE WEBSITE. THE DISCLAIMERS OF WARRANTY APPLY, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY CAUSED BY THE FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER ARISING OUT OF BREACH OF CONTRACT, TORTIOUS BEHAVIOUR, NEGLIGENCE OR ANY OTHER COURSE OF ACTION BY IMEU.
EXCLUDING ONLY DAMAGES ARISING OUT OF IMEU’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IMEU SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF IMEU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY USER’S USE OR INABILITY TO USE ANY IMEU Sites OR SERVICES THEREON; THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE IMEU Sites; OR ANY OTHER MATTER RELATING TO THE IMEU Sites.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING HEREIN SHALL BE DEEMED TO CREATE AN AGENCY, PARTNERSHIP, JOINT VENTURE, EMPLOYEE-EMPLOYER OR FRANCHISOR-FRANCHISEE RELATIONSHIP OF ANY KIND BETWEEN IMEU AND ANY USER OR OTHER PERSON OR ENTITY, NOR DO THESE TERMS OF SERVICE EXTEND RIGHTS TO ANY THIRD PARTY.
USER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER’S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IMEU MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
AS NOTED ABOVE, IMEU DOES NOT AND CANNOT CONTROL THE ACTIONS OF IMEU SITE USERS, VISITORS OR LINKED THIRD PARTIES. WE RESERVE THE RIGHT TO REPORT ANY MALFEASANCE THAT COMES TO OUR ATTENTION TO THE APPROPRIATE AUTHORITIES.
Each User shall indemnify, defend and hold harmless IMEU, and its affiliates and their respective officers, employees and agents, and each of IMEU’s website partners, from any and all claims, demands, damages, costs, and liabilities including reasonable attorneys’ fees, made by any third party due to or arising out of that User’s acts or omissions, including claims arising out of that User’s use of the IMEU Sites; his or her submission, posting or transmission of Content or his or her violation of the Terms.
9. INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
11. REGISTRATION OBLIGATIONS
When requested, each IMEU Site User must: (1) personally provide true, accurate, current and complete information on the IMEU Site’s registration form (collectively, the “Registration Data”) and (2) maintain and promptly update the Registration Data as necessary to keep it true, accurate, current and complete. If, after investigation, IMEU has reasonable grounds to suspect that any User’s information is untrue, inaccurate, not current or incomplete, IMEU may suspend or terminate that User’s account and prohibit any and all current or future use of the IMEU Sites (or any portion thereof) by that User other than as expressly provided herein.
All notices to a Party shall be in writing and shall be made either via email or conventional mail. IMEU may broadcast notices or messages through the Service to inform User of changes to the IMEUTS, the Service, or other matters of importance; such broadcasts shall constitute notice to User.
13. NO RESALE OF SERVICE
You agree not to sell, resell, or offer for any commercial purposes, any portion of the IMEU Sites, use of the IMEU Sites, or access to the IMEU Sites.
14. GENERAL PRACTICES REGARDING USE AND STORAGE
IMEU may establish general practices and limits concerning use of the IMEU Sites. While IMEU will use reasonable efforts to back up site data and make such data available in the event of loss or deletion, IMEU has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by any IMEU Site. IMEU reserves the right to mark as “inactive” and archive accounts and/or Content that are inactive for an extended period of time. IMEU reserves the right to change these general practices at any time, in its sole discretion, with notice to Users and the public as described in Section 3 above.
IMEU may terminate a User’s account in IMEU’s absolute discretion and for any reason. IMEU is especially likely to terminate for reasons that include, but are not limited to, the following: (1) violation of these Terms; (2) abuse of site resources or attempt to gain unauthorized entry to the site or site resources; (3) use of an IMEU Site in a manner inconsistent with the Purpose; (4) a User’s request for such termination; or (5) as required by law, regulation, court or governing agency order.
IMEU’s termination of any User’s access to any or all IMEU Sites may be affected without notice and, on such termination, IMEU may immediately deactivate or delete User’s account and/or bar any further access to such files. IMEU shall not be liable to any User or other third party for any termination of that User’s access or account hereunder. In addition, a User’s request for termination will result in deactivation but not necessarily deletion of the account. IMEU reserves the right to delete, or not delete, a User’s account at IMEU’s sole discretion, as well as to delete, or not delete, content at IMEU’s sole discretion.
IMEU, any IMEU Site or a third party may provide links to other websites. IMEU exercises no control whatsoever over such other websites and web-based resources and is not responsible or liable for the availability thereof or the Content, advertising, products or other materials thereon. IMEU shall not be responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any User in connection therewith. Your access and use of linked websites, including information, material, products and services therein, is solely at your own risk.
The IMEU Sites’ Privacy Statement is applicable only when you are on a IMEU Site. Once you choose to link to another website, you should read that website’s privacy statement before disclosing any personal information.
17. TRADEMARK INFORMATION
IMEU, the IMEU logo and other IMEU trademarks including, but not limited to, “Institute for Middle East Understanding,” service marks, and product and service names are IMEU trademarks or registered trademarks in the United States and in other countries. All other names and designs may be trademarks of their respective owners.
IMEU respects the intellectual property rights of others, and requires that the people who use IMEU sites do the same. It is our policy to respond promptly to claims of intellectual property misuse.
If you believe that your work has been copied and is accessible on this site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent with the following information in writing:
(1) the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner’s behalf;
(2) identification of the copyrighted work that you claim has been infringed;
(3) identification of the material that is claimed to be infringing and information reasonably sufficient to permit IMEU to locate the material, including the full URL.
(4) your name, address, telephone number, and email address.
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(6) a statement, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
If IMEU receives such a claim, IMEU reserves the right to refuse or delete Content as described under Section 5 hereto, or to terminate a User’s account in accordance with Section 15.
Our designated agent to receive notification of claimed infringement under the Digital Millennium Copyright Act of 1998 (“DMCA”) is:
After receiving a claim of infringement, IMEU will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, IMEU will act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity, and will act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. IMEU will take reasonable steps to expeditiously notify the User that it has removed or disabled access to such material.
Upon receipt of a proper counter notification under the DMCA, IMEU will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed material or cease disabling access to it in ten (10) to fourteen (14) business days. Additionally, IMEU will replace the removed material and cease disabling access to it ten (10) to fourteen (14) business days following receipt of the counter notice, unless IMEU’s designated agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the User from engaging in infringing activity relating to the material on the IMEU system or network.
You may provide us with a counter notification by providing our copyright agent the following information in writing:
(1) your physical or electronic signature;
(2) identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled, including the full URL;
(3) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, and your reasons for such belief;
(4) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which IMEU may be found and that you will accept service of process from the person who provided the initial notification of infringement.
Please report any violations of our Terms of Service to our supporter services at [email protected]