Terms and Conditions
Agreement Between User and Working Assumptions Foundation
Last modified: September 22, 2017
Welcome to www.workingassumptions.org
Thank you for visiting the www.workingassumptions.org website (the “Site”). The Site is comprised of various web pages provided by Working Assumptions Foundation (“Working Assumptions,” “we,” or “our”), a 501(c)(3) nonprofit, located at 1700 Shattuck Avenue, #25, Berkeley, California 94709, United States.
The Site is offered to you (the “User,” “you,” or “your”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms. Please read these Terms carefully, and keep a copy of them for your reference.
The Site is a nonprofit website that contains information on Working Assumptions and its projects. Working Assumptions’ mission is exploring through the arts how humanity is reflected in our daily routines—work, play, and family. This is where we connect with others, share common ground, and are open to transformative change. Current projects include Showing (work x family), a multimedia photographic exhibition; the wrkxfmly Assignment; and Game Face: What Does a Female Athlete Look Like?.
Visiting the Site or sending emails to Working Assumptions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that Working Assumptions provides to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Working Assumptions does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under the age of 18, you may use the Site only with permission of a parent or guardian.
No Unlawful or Prohibited Use/Copyright and Other Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Working Assumptions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Site, such as text, graphics, and logos, as well as the compilation thereof, any software used on the Site, and any images or photographs attributed to third parties, is the property of Working Assumptions, third-party photographers or authors, or Working Assumptions’ other suppliers,
and protected by copyright, trademark, privacy rights, publicity rights, and/or other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
We respond to notifications of claimed copyright infringement and counter-notifications according to the processes set forth in the U.S. Digital Millennium Copyright Act of 1998 (“DMCA”). Information about submitting such notifications and Working Assumptions’ policy for responding to such notifications, which is
incorporated by reference herein, is here.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Working Assumptions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Working Assumptions and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. Working Assumptions does not grant you any licenses, express or implied, to the intellectual property of Working Assumptions or its licensors except as expressly authorized by these Terms.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Working Assumptions and Working Assumptions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. The Site provides these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Working Assumptions of the Linked Site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using the Site, you hereby acknowledge and consent that Working Assumptions may share such information and data with any third party with whom Working Assumptions has a contractual relationship to provide the requested
product, service or functionality on behalf of the Site’s users and customers.
The Site is controlled, operated and administered by Working Assumptions from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use the Working Assumptions content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Working Assumptions, its officers, directors, employees, agents, shareholders, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any User postings made by you, your violation of any terms of this agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Working Assumptions reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to fully cooperate with Working Assumptions in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WORKING ASSUMPTIONS AND/OR ITS SUPPLIERS MAY
MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. WORKING ASSUMPTIONS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WORKING ASSUMPTIONS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON- INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORKING ASSUMPTIONS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WORKING ASSUMPTIONS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF
Working Assumptions reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts located in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Working Assumptions as a result of this agreement or use of the Site. Working Assumptions’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Working Assumptions’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Working Assumptions with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Working Assumptions with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Working Assumptions with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Working Assumptions reserves the right, in its sole discretion, to change the Terms under which Site is offered. The most current version of the Terms will supersede all previous versions. Working Assumptions encourages you to periodically review the terms to stay informed of our updates.
Working Assumptions welcomes your questions or comments regarding the Terms:
Working Assumptions Foundation
1700 Shattuck Avenue, #25
Berkeley, CA 94709
Email Address: firstname.lastname@example.org
Effective as of September 22, 2017
DMCA Copyright Infringement Claim and Counter-Claim Policy
If you believe in good faith that material on the website www.workingassumptions.org (the “Site”) infringes on your copyright, you (or your agent) may send Working Assumptions Foundation (“Working Assumptions”) a notification, in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), requesting that Working Assumptions remove or block access to the claimed infringing material. Such notification shall include the following information, in accordance with the DMCA:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is claimed to be infringed;
- identification of the copyrighted work(s) claimed to have been infringed;
- a description of the claimed infringing material and where the claimed infringing material is located on the Site;
- your address, telephone number, and email address;
- 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; and
- a statement by you, under penalty of perjury, that the information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of the exclusive right that is claimed to be infringed.
Working Assumptions may send information provided in a notification to the person who provided the allegedly infringing work. If you believe in good faith that someone has wrongfully filed a notification of copyright infringement against you, the DMCA permits you to send Working Assumptions a counter-notification.
Notifications and counter-notifications must meet the then current requirements imposed by the DMCA and/or the Copyright Office; see www.copyright.gov. Working Assumptions will only respond to DMCA notifications and counter-notifications that it receives by mail or e-mail at the addresses below:
Working Assumptions Foundation
Attn: Jane Gottesman
1700 Shattuck Avenue, #25
Berkeley, CA 94709
Working Assumptions may elect to not respond to notifications or counter-notifications that do not substantially comply with Copyright Office requirements. Working Assumptions may elect to remove allegedly infringing material that comes to its attention via notifications that do not substantially comply with the DMCA. Working Assumptions also may replace material that has been removed or re-enable access to such material after having received a purported DMCA counter-notification.