- 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.
- 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.
- 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.
- 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.
- 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.
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.
- 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.
- 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.
- 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.
- 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.
- 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 firstname.lastname@example.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.”
- 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.
- 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.
- 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