Terms of Service

Last updated: January 14, 2021

Welcome to The Commons Project Foundation (“TCP”). These Terms of Service (“Terms”) apply to your access to and use of our website (the “Websites”). By accessing or using the Websites, you agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Websites.  If we make changes to these Terms, we will provide notice of those changes by updating the “Last Updated” date above or posting notice on the Websites. Your continued use of the Websites will confirm your acceptance of the changes.

Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and disclose information about you.

Eligibility

By accessing the Websites, you are agreeing to be bound by these Terms, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws.

The Websites are not targeted towards, nor intended for use by, anyone under the age of 13.  If you are based outside the United States, you must be over the age required by the laws of your country to use the Websites.  By using the Websites, you represent and warrant that you are of legal age to form a binding contract with TCP and meet all of the foregoing eligibility requirements.  If we become aware that we have the personal data of such children collected through the Websites, we will promptly delete it.

Modifications

TCP reserves the right to modify or discontinue, temporarily or permanently the Websites, or any features or portions of the Websites, without prior notice.

What We Own & What Rights We Grant You

The Websites contain data, text, photographs, images, video, audio, graphics, articles, comments, software, design of and "look and feel," layout, code, scripts, and other content supplied by us or our licensors, which we call “TCP Content.” TCP Content is protected by applicable national or international copyright, trademark, trade-dress, and any other intellectual property laws. All TCP trademarks and service marks, logos, slogans, and taglines are the property of TCP.  Except as explicitly stated in these Terms, TCP does not grant any express or implied rights to use TCP Content or intellectual property displayed on the Websites without our express written permission.  All other trademarks, registered trademarks, product names, and company names or logos mentioned or used on the Websites are the property of their respective owners and may not be copied, imitated, or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any products, Websites, processes, or other information by name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by TCP.

You are granted a limited, nonexclusive, non-transferable, and non-sublicensable license to access and use the Websites and TCP Content for your personal, non-commercial use. Any use of the Service or TCP Content other than for personal and non-commercial purposes is strictly prohibited.This license is subject to these Terms and does not include any right to: (a) distribute, sublicense, publicly perform or publicly display any TCP Content; (b) modify or otherwise make any derivative uses of Websites or TCP Content, or any portion thereof; (c) use any data mining, robots or similar data gathering or extraction methods; and (d) use the Websites or TCP Content other than for their intended purposes. We reserve all rights not expressly granted in this Agreement.  Any use of the Websites or TCP Content other than as authorized in these Terms is strictly prohibited and will terminate the license granted herein. This license is revocable at any time.  

Third-Party Content and Sites

The Websites may include links and other content owned or operated by third parties, including advertisements (we call these “Third-Party Content“). You agree that TCP is not responsible or liable for Third-Party Content and that you access and use Third-Party Content at your own risk. Your interactions with Third-Party Content are solely between you and the third-party providing the content. When you leave the Websites, you should understand that these Terms no longer govern and that the terms and policies of those third-party sites or Websites will then apply.

Termination

These Terms are effective unless and until terminated by either you or TCP. You may terminate these Terms as they apply to you at any time by ceasing to use the Websites. TCP may terminate these Terms at any time immediately and without notice, and accordingly deny you access to the Websites, for any reason in its sole discretion; however, the provisions in these Terms that relate to intellectual property, indemnification, disclaimer, limitation of liability, and choice of law shall survive any termination of these Terms.

Copyright Complaints

TCP respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, you may notify TCP’s Designated Agent by sending an email to legal@thecommonsproject.org or contacting:

Copyright Agent:

The Commons Project Foundation

420 Fifth Avenue, 19th Floor

New York, NY 10018 USA

Attn: Legal Department

Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by TCP or the alleged infringer, as the result of TCP’s relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

Indemnification

To the fullest extent permitted by applicable law, you will defend, indemnify and hold harmless TCP, our independent contractors, service providers, and consultants, and their respective directors, officers, employees, and agents (collectively, the “TCP Parties“), from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ fees) (collectively, “Claims”), whether in contract or in tort, that are caused by, arise out of or are related to your violation of these Terms or the rights of others.

Warranty Disclaimers

THE WEBSITES AND CONTENT ARE PROVIDED BY TCP (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE Websites WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF TCP, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE Websites, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Applicable Law and Venue

We want you to enjoy TCP, so if you have an issue or dispute, you agree to raise it and try to resolve it with us informally. You can contact us with feedback and concerns here or by emailing us at legal@thecommonsproject.org.

For any claims arising out of or relating to these Terms or the Websites will be governed by the laws of New York, other than its conflict of laws rules; all disputes related to these Terms or the Websites will be brought solely in the federal or state courts located in New York County, New York; and you consent to personal jurisdiction in these courts.

Severability

If any term, clause, or provision of these Terms is deemed to be unlawful, void, or for any reason unenforceable, then that term, clause, or provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

These Terms (together with our Privacy Policy, which is expressly incorporated herein by reference) contain the entire understanding and agreement between you and TCP with respect to your use and access of the Websites, and supersede all prior agreements, terms, conditions, and understandings, both written and oral, with respect to such use and access of the Websites. No additional or different terms or conditions will be binding upon us unless expressly agreed to in writing by an officer of TCP. No other representative has any authority to waive, alter, vary, or add to these Terms. Before using these Websites please read through all referenced documents carefully.

Questions & Contact Information

Questions or comments about the Websites may be directed to legal@thecommonsproject.org.