Terms of Use

Important:  Please carefully read these terms and conditions of use (“Terms of Use”) before using any of the website or any other services (collectively, “Services”) offered by The Decameron Project (“we” or “us”). These Terms of Use, which can be amended at any time by us in our sole discretion, are binding upon both you and us and include important information about your rights, obligations, and age and ability to consent.

General

  1. You must be at least 13 years old to use the Services. By using the Services, you represent that you are at least 13 years of age and your legal parent(s) or guardian(s) consent to your use of the Services and agree to be bound by these Terms of Use in respect of your use of the Services.

 

  1. By using or accessing the Services, you are agreeing to be bound by these Terms of Use and to abide by and comply with the terms set forth herein. If you do not agree to any of these Terms of Use, you are prohibited from using or accessing the Services. If you violate these Terms of Use, we may, in our sole discretion, immediately suspend or terminate your access to the site.

 

  1. Any personal information you chose to provide while registering for or in otherwise using the Services will be treated in accordance with our Privacy Policy.

 

 

  1. THE SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILIATES AND PARTNERS AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

 

  1. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, LIKELY RESULTS, RELIABILITY OR COMPLETENESS OF THE CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITES AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (2) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (4) ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (5) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

 

  1. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFIT OR GOODWILL, OR DUE TO BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS OR OTHER INTANGIBLE LOSSES), IN CONNECTION WITH THESE TERMS OF USE, THE SERVICES, USE OF THE SERVICES OR THE DELAY OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR OUR AFFILIATES NOR OUR PARTNERS NOR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR CONTENT 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. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US OR OUR AFFILIATES OR PARTNERS (OR ANY OF OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS) IS TO STOP USING THE SERVICES.

 

  1. While the Services may be accessible worldwide, we make no representation that it is appropriate or available for use in any specific location. Any offer of the Services is void where prohibited by law.

 

  1. We do not permit copyright infringing activities and infringement of intellectual property rights on the Services, and we will remove any and all content if properly notified that the content infringes on another’s intellectual property rights.

Rights and Warranties We Grant You

  1. We grant you a personal, non-exclusive, non-assignable and non-transferable license to access and use the Services for your personal and non-commercial use only. This license is subject to your use of the Services in compliance with these Terms of Use.

 

Rights and Warranties You Grant Us

  1. You represent and warrant that (i) you exclusively own or have the necessary licenses, rights, consents and permissions to publish any content you submit and (ii) content you submit does not and will not infringe any patent, trademark, trade secret, copyright, moral right, right of publicity, right of privacy, or other right of any other person or entity or violates any law or contractual duty.

 

  1. You may not use the Services for any other purpose or in any way that breaches these Terms of Use or any other agreement applicable to the Services. Additionally, you will not:
    1. alter, modify, duplicate, decompile, reverse engineer, disassemble or decode (including any underlying idea or algorithm) any part of the Services, or attempt to do any of the same;
    2. use the Services in any way that violates, plagiarizes, misappropriates or infringes the rights of third parties, including without limitation, rights of copyright, trademark, privacy or publicity;
    3. use the Services in any way that violates, breaches or is contrary to any applicable law, rules, regulation, court order or is otherwise illegal or unlawful in our reasonable opinion;
    4. use the Services to impersonate or attempt to impersonate us or any other person or Entity or otherwise misrepresent yourself;
    5. use the Services for harassing, unethical or disruptive purposes or use the Services in any way that is indecent, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit or in a manner to incite hatred on grounds of race, gender, religion or sexual orientation or in any other manner objectionable in our reasonable discretion;
    6. post sensitive information via the Services, including, without limitation, your or any other person’s credit card information, social security or alternate national identity numbers, non-public phone numbers or non-public email addresses;
    7. create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to other users of the Services;
    8. exploit the Services for any commercial purpose, including without limitation, the sale of access to the Services or the sale of advertising, sponsorships or promotions placed on or within the Services;
    9. use the Services in any manner that could disable, overburden, damage, disrupt or interfere with the Services, any other party’s use of the Services or use any device, software or routine that causes the same;
    10. circumvent, remove, alter, deactivate, disable, degrade, thwart or otherwise interfere with any security-related technological measure or content protections of the Services;
    11. use or launch any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise access the Services to monitor, extract, copy or collect information from or through the Services, or any manual process to do the same;
    12. introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; or
    13. use the Services in any way that would affect us adversely or reflect negatively on us or the Services.
  2. With respect to any content you submit via the Services, you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable license (with the right to sublicense) to host, store, use, display, reproduce, create derivative works of, modify, adapt, edit, publish, and distribute your content in connection with the Services and our business.  You also grant each user of the Services a non-exclusive, worldwide license to access your content through the Services and to use such content as permitted through the functionality of the Services and under these Terms of Use. To the extent permitted by applicable laws, you waive any moral rights or similar rights you may have in any content you furnish.

 

  1. We cannot and do not monitor or pre-screen the content created or uploaded and none of us nor our agents, directors, or officers has any obligation, and does not undertake or assume any duty to review any content submitted to us. Though we have no legal obligation to monitor the content, we may access, review and screen any content you submit if we choose and we reserve the right to block, remove, or delete any content at any time, with or without notice, and to limit or restrict access to any content, for any reason (including if we think your content violates these Terms of Use) without liability and limitation.

 

  1. You acknowledge that except for any content you provide us, any and all other software (including source code), logos, icons, text, graphics, images, video clips, sound clips, content, notices, data, page layout, selection and arrangement of the content, copyrights, patents, trade secrets, trademarks and other intellectual property rights related to the website is owned solely and exclusively by us and is protected by United States and international copyright, trade secret or other intellectual property laws and treaties. You may not copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms of Service.

 

  1. You may not use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

 

  1. Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of ours, our affiliates or our licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us. You may not use, copy or imitate any such branding, logos, designs, without our express prior permission.
  1. Conditions On Use Of Our Website. Welcome to The Decameron Project’s website (the “Website”).  These Terms and Conditions (the “Terms” or the “Agreement”) are the rules governing how you are allowed to use our Website.  We are a non-profit and do not charge you for any of our services: in exchange, we ask all participants and visitors to follow our policies.  By using any services offered by The Decameron Project, including its website, decameronproject.org (the “Website”), or by communicating any ideas, stories, remarks, suggestions, graphics, or other information to The Decameron Project (“Submissions” and each a “Submission”) (collectively, “Services” and each a “Service”), you agree to be bound by this Agreement.   If you do not agree to all Terms, you SHOULD NOT access this Website or any Services or make any Submissions.  
  2. Informational Purposes Only. The information on our Website is for informational purposes only.  Without limiting anything else in these Terms or otherwise, The Decameron Project is not responsible for any errors or omissions on this Website.
  3. Proprietary Rights.As between you and The Decameron Project, The Decameron Project owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components, audio clips, video clips, software and software concepts and documentation and other material on, in, or made available through the Website (“Website Material”), as well as the selection, coordination, arrangement, and organization and enhancement of the Website Material. You agree not to remove or alter any copyright notice or any other proprietary notice on any Website Materials. Under no circumstances will you have any rights of any kind in or to the Website, other than the right to use the Website in accordance with these Terms and the limited fair use described herein. Fair use of copyrighted material includes the use of protected materials for non-commercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting.  Unless otherwise noted, you may download or print text and image files from this Website solely for such purposes without The Decameron Project’s written permission, provided that you comply with the following conditions: (a) the content may only be used for personal, educational or noncommercial purposes; (b) you must cite the author and source of the content; (c) none of the content may be altered or modified; and (d) you must comply with all other terms or restrictions which may be applicable to the individual file, image or text.
  4. Unauthorized Activities.You agree that you will not use the Website for (a) any illegal or unauthorized purposes that violate any laws (including import, export and copyright laws); (b) modifying, adapting or hacking into the Website or for modifying another website so as to falsely imply that it is associated with The Decameron Project; (c) uploading, posting, hosting, or transmitting unsolicited email, text messages, “spam” messages, worms or viruses or any code of a destructive nature; (d) contacting any other visitor of the Website who has requested not to be contacted; or (e) attempting to gain unauthorized access to The Decameron Project’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Website or any services provided through the Website.
  5. Materials Submitted to the Website.By making any Submission to the Decameron Project through this Website (including ideas, stories, remarks, suggestions, graphics, or other information), you understand and agree to grant The Project the irrevocable, non-exclusive, royalty-free, sublicensable right and license to have access to, store, display, reproduce, use, modify, broadcast, perform, display, distribute, and exploit your Submission (including all ideas, stories, remarks, suggestions, graphics, or other information) in any manner and for any purpose for which we see fit to serve the needs of The Project.  You grant, without limitation, the right to include the story as well as your name in any materials produced by The Project, including the Website.  You acknowledge that you will receive no compensation for granting the rights herein, and that consideration for this agreement shall be the possible showing of your story on our website should your story be chosen for use.

The Decameron Project is under no obligation to keep, post, or use any Submission.  However, to the extent that The Decameron Project chooses to use your submission, or any derivative or similar works, you affirm and agree that you are not entitled to and will not receive compensation in exchange for making a Submission.  You further agree that The Decameron Project may use anything you post or submit, including any Submissions, information, ideas, concepts or inventions, for any purpose without limitation and without the need to compensate you.  You further affirm that Decameron Project will have worldwide rights to publicize, adapt, modify, distribute and use the Submission, and any derivative works thereof, in any way it sees fit.  By making a Submission, you understand and agree that you are not claiming and will not claim any ownership, patent, trademark, copyright, or other right in the Submission.

By making any Submissions, you affirm and warrant that the Submission was created by you and is wholly original.  You are solely responsible for your Submission and any consequences of submitting it.  By making any submission, you affirm that your Submission does not include content which is: (i) copyrighted, protected by third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights; (ii) unlawful, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is inappropriate; or (iii) otherwise malicious or fraudulent.  If you believe that any content or postings on the Website violate your intellectual property or other rights, please follow our Complaint Procedure in Section 11 of these Terms.

CHILDREN UNDER 18 CANNOT MAKE SUBMISSIONS WITHOUT APPROVAL BY A PARENT OR LEGAL GUARDIAN.  By making any Submission, you represent and warrant that you are not a minor and of legal age to form a binding contract, or, if the Submission involves a minor child or children under the legal age of majority (i.e., under 18) (“Children” and each a “Child”), that you are the parent or legal guardian of the Child or Children involved in the Submission (“Parents” and each a “Parent”), have read and understand the terms and conditions of this Agreement, and can legally enter into this Agreement on behalf of all such minor Children.

For Submissions made by any Child under 18 years of age, a Parent of the Child or Children involved with the Submission must affirm and certify that the Parent: (i) is the parent or legal guardian of the Child making the Submission; (ii) has reviewed in full and agree to this Privacy Policy, the General Privacy Policy, and the Terms and Conditions in their entirety; (iii) consents to the collection of personal information of their Child as indicated herein; (iv) consents to their Child’s use of any Services and authorize any Submissions to The Decameron Project; and (v) consents, understands and agrees to grant The Project an irrevocable, non-exclusive, royalty-free, sublicensable right and license to have access to, store, display, reproduce, use, modify, broadcast, perform, display, distribute, and exploit the story and any Submissions as it sees fit. 

To the extent that a Submission is made by a Child under 18 without Parental approval, we will delete the Submission and any accompanying personal information from our records within a reasonable time.  For further information regarding Submissions by Children, please see our Privacy Policy For Minors at the following link: https://decameronproject.org/privacy-policy-for-minors/.

CHILDREN UNDER 13 CANNOT MAKE SUBMISSIONS TO THE DECAMERON PROJECT OR OTHERWISE USE THIS WEBSITE.  We cannot accept any submissions by Children under 13 even with Parental approval.

  1. Third Party Websites and Content.This Website contains links to other websites for the convenience of visitors in locating information, products, or services that may be of interest.  The Decameron Project does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of third parties’ websites is at your own risk, and subject to the terms and conditions of such other websites.  The Decameron Project does not endorse any product, service, or treatment provided on a third-party website or advertised on the Website.
  2. Privacy Policy.Any personal information that you provide to The Decameron Project on the Website is subject to our Privacy Policy.  The Privacy Policy is incorporated into these Terms by reference, as if set forth fully herein.  For more information, the Privacy Policy is available here: https://decameronproject.org/privacy-policy/
  3. The Decameron Project is not responsible for and does not guarantee the accuracy or completeness of any Website Material, User Content, link, advertisement or other item on the Website.  The Decameron Project reserves the right to immediately remove any Website Material for any reason or for no reason.  The Decameron Project cannot and does not review all communications made on or through the Website, but, although not obligated to, may review, verify, make changes to or remove any Website Material, User Content, or the products or services made available in connection with the Website with or without notice in its sole discretion.  The Website, the Website Materials, User Content, and any other materials on, in, and made available through the Website, and the services, products, information and other materials on and in and made available through the Website is made available “as is” and “with all faults.”  Use of the Website is entirely at your own risk.  The Decameron Project and its licensors make no representations or warranties, and disclaim all representations and warranties, with respect to the Website, the Website Materials, User Content, and the services, products, information and other materials on and in and made available through the Website, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including the implied warranties of merchantability, fitness for a particular purpose, quality, title, and non-infringement.
  4. The Decameron Project and its affiliates, subsidiaries, or licensors shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including lost revenues or lost profits, which may or does result from the use of, access to, or inability to use the Website, the Website Materials, User Content, or the services, products, information and other materials on and in and made available through the Website, regardless of legal theory, whether or not you or The Decameron Project had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose. Under no circumstances will the total liability of The Decameron Project and its affiliates, subsidiaries, or its licensors to you or any other person or entity in connection with, based upon, or arising from the Website, the Website Materials, User Content, or any other materials on, in, and made available through the Website, or the services, information, or products offered in connection therewith exceed the price paid by you during the preceding year for use of the Website.  Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.  If any part of this limitation on liability is found to be invalid or unenforceable for any reason, then the total liability of The Decameron Project and its affiliates, subsidiaries, or its licensors shall not exceed ten dollars ($10). If you are dissatisfied with the Website, or with any of these Terms, or feel that The Decameron Project has breached these Terms, your sole and exclusive remedy is to discontinue using the Website.
  5. You shall indemnify The Decameron Project and its members, managers, directors, officers, employees, agents, contractors, and licensors (“The Decameron Project Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Website and your use of the Website or services obtained through the Website, your fraud, violation of law, negligence, willful misconduct, or any other use of the Website, the Website Materials, User Content, the services, products, information and other materials on, in and made available through the Website, (except to the extent attributable to The Decameron Project), or any breach by you of these Terms and shall indemnify and hold The Decameron Project Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or incurred in connection with such Claims.
  6. Complaint Procedures.If you believe that any content or postings on this Website violates your intellectual property or other rights, please send to The Decameron Project at inquires@decameronproject.org a comprehensive detailed message setting forth the following information: (a) your name; (b) your contact information, including your e-mail address; (c) the nature and substance of your complaint, the specific rights at issue, and your basis for making the complaint, including the content or posting that is objectionable; and (d) the following statement: “The statements, representations, and assertions made in this message are true, complete, and accurate and I have the full legal authority to make each and every such statement, representation, and assertion and to make and be granted any demand made in this message.”
  7. Changes to these Terms.The Decameron Project reserves the right at any time to modify, alter or update these Terms.  Notice of any new or revised Terms, as well as the location of the new or revised statement, will be posted on the Website for at least twenty (20) days after the change.  Your use of the Website following any changes means that you agree to follow and be bound by the terms as changed.  Any change to these Terms shall be effective as to any visitor who has visited the Website before the change was made.  The Decameron Project reserves the right to suspend or terminate your access to the Website and/or ability to use the services with or without notice for failure to comply with these Terms, for providing The Decameron Project with untrue or inaccurate information about yourself, for infringement upon The Decameron Project’s proprietary rights, or for any other reason whatsoever or for no reason.
  8. Governing Law and Jurisdiction.These Terms represent the entire agreement between you and The Decameron Project with respect to the subject matter hereof, and supersede any and all prior agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of New York, without reference to its conflict of law rules. By accessing, viewing, or using the services, works, content, or materials on the Website, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in the County of New York within the State of New York; (b) accept service of process by personal delivery or regular or electronic mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
  9. The Website is controlled and operated from within the United States. Without limiting anything else, The Decameron Project makes no representation that the Website, the Website Materials, the User Content, services, products, information or other materials available on, in, or through the Website is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited.  The waiver or failure of The Decameron Project to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms.  No person or entity not party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof.

Dated:             April 13th, 2020

Last updated:  April 13th, 2020

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