1. Data Requirements and Information for Use of the Services on the Site.
Data and Content must be formatted as instructed by the Site. If you have questions on Data formatting, please contact Us at info@aladdin101.org.
The Foundation and the Site do not provide medical advice. Any Data analysis or other report or output from Aladdin or the Site does not constitute and should not be relied upon to provide medical advice, diagnosis, or treatment of any disease or condition. It is intended for research, educational, or informational purposes only.
You must ensure that all personally identifying information (“PII”) and Protected Health Information (“PHI”) is fully removed from Data before it is uploaded to the Site.
You are responsible for obtaining the permissions necessary to collect and upload or submit the submit Data and Content to the Site. You represent that you have obtained, and will maintain, all consents, permissions, and authorizations needed to collect, share, use, and export submit Data and Content to the Site.
You may not attempt to re-identify submitted Data and Content. By using the Site, you agree that you will not attempt to re-identify any submitted Data with a person, and you will not disclose any submitted Data and Content of other Users downloaded from the Site or Platform and Content databases except for the limited purposes described in these Terms.
You own and control Data and Content that you submit to the Site, and you may request deletion or correction according to the Foundations Privacy Policy.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN ARBITRATION PROVISION IN SECTION 9 BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT IN SECTION 14.2.
2. Acceptance of this Agreement.
Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Site immediately.
Eligibility Requirements to Use or Access the Services.
To use the Site or any other Services, you must be (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Foundation.
By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.
Changes to this Agreement.
The Foundation reserves the right to change this Agreement from time to time in its sole discretion without notice to you. The latest version of the Agreement will be posted on the Site and should be reviewed prior to accessing or using the Services. All changes will be effective immediately when posted on the Site and will apply to your use of and access to the Services from that point onward.
Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.
3. Access to the Services.
Changes to Your Access and the Services.The Services may change from time to time as the Foundation evolves, refines, or adds more features to the Services. The Foundation reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Foundation shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services including consenting to share Date or participate in certain features that will require agreeing to added terms and conditions on the Site for the particular Service. You promise to provide us with accurate, complete, and updated information about yourself. The Foundation may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
Account Responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Foundation immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Foundation will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Foundation or any third party due to someone else using your account or password.
Termination or Deletion of an Account. The Foundation shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement. You may delete or request Aladdin to delete your account at any time, for any reason, by following the instructions on the Site or by contacting Aladdin at info@aladdin101.org.
4. Policy for Using the Services.
Prohibited Uses.
You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Foundation. You may use the Services for any business or commercial purposes.
Prohibited Activities.
You further agree not to engage in any of the following prohibited activities in connection with using the Services:
No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.
No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.
No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.
No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.
Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.
No Interference with Others’ Enjoyment. Harass or interfere with anyone’s use or enjoyment of the Services, or expose the Foundation or other users to liability or other harm.
No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Site.
No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Site; provided, however, that the Foundation conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.
No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.
No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.
No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.
No Other Interference. Otherwise attempt to interfere with the proper working of the Services.
Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.
Geographic Considerations.
The Foundation is based in the United States (US) but allows submission of Data from most other nations or jurisdictions. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all national, state, province, or local laws that are applicable. The Foundation makes no representations that the Services or any of its content are accessible or appropriate outside of the US unless stated otherwise.
5. Intellectual Property Rights.
Ownership of Intellectual Property for the Site and Services.
You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Platform and Content”), are owned by the Foundation, its licensors, or other providers of such material. The Platform and Content is protected by US and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Foundation and its licensors.
License to Use the Site and Services.
During the Term of this Agreement, the Foundation grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Platform and Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Platform and Content.
No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Platform and Content or the Services in any way, whether in whole or in part.
No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Platform and Content.
No Competition. You shall not access or use the Platform and Content in order to build a similar or competitive Site, product, or service.
Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Platform and Content or other data from the Services.
License to your Data and Content. You may upload and submit your Data and Content as instructed by the Site for the Services. By creating an account, uploading or submitting Data and Content, you grant the Foundation a limited, non-exclusive, transferable, sublicensable, perpetual, and irrevocable license to use and access the Data and Content license to use, reproduce, distribute, display, and create derivative works (e.g., analysis, reports, or other features) from Data and Content in connection with providing, developing and improving Services in accordance with this Agreement. For clarity, this means the Foundation may use your Data and Content subject to restrictions for requests to delete under Section 6.2 or consent to share under Section 6.3 or other terms of this Agreement.
Trademark Notice.
All trademarks, logos, and service marks displayed on the Services are either the Foundation’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.
6. User Data and Content.
User Data and Content.
Use of the Services requires the upload, and submission of Data and the Services may contain or have display, or transmission to you and if consented to other users or other persons content or materials (collectively,“User Data and Content”) on or through the Services.
You are solely responsible for your User Data and Content. Please consider carefully what Data and Content you choose to share. All user Data and Content must comply with the Data Content Standards set forth below. Any User Data and Content you receive, share on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Data and Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Data and Content that personally identifies you or any third party. You agree that the Foundation shall not be responsible or liable to any third party for any User Data Content shared or posted by you or any other user of the Services if available.
You further agree that the Foundation shall not be responsible for any loss or damage incurred as the result of any interactions between you and the Site and other users (if applicable). If such interactive features are active your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.
You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Data and Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to any User Data and Content and that contains any personally identifiable information (“PII”) or protected health information (“PHI”). FOR CLARITY, TO THE EXTENT UPLOAD DATA AND CONTENT IS OBTAINED FROM A HUMAN, YOU AGREE NOT TO PROVIDE UPLOAD DATA AND CONTENT IN A FORM THAT CAN IDENTIFY (DIRECTLY OR INDIRECTLY TAKING INTO ACCOUNT ALL THE MEANS REASONABLY LIKELY TO BE USED) THE PERSON TO WHOM THE DATA AND CONTENT RELATES OR THAT CONSTITUTES OR WOULD CONSTITUTE “PROTECTED HEALTH INFORMATION” OR REGULATED HEALTH INFORMATION UNDER APPLICABLE LAWS, SUCH AS THE U.S. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (“HIPAA”). For example, the Upload Data and Content shall not include any personal identifiers, including without limitation name, address, dates, telephone numbers, e-mail addresses, or medical health records.
Request to Delete Data and Content. You may request deletion of your submitted Data and Content from the Site by emailing info@aladdin101.org and including a description of your Data and Content that you wish to have removed. We will delete the requested Data and Content within a reasonable time, or the timelines set forth under applicable privacy laws and subject other limitations in these Terms.
Sharing Data and Content. You may consent to Aladdin sharing your Date with other Users. Please note, that our sharing your Data and Content may affect removal of your Data from the Site and will not impact any use of Data and Content by others.
Data and Content Standards.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Data and Content that does not comply with the following standards (“Data and Content Standards”). User Data and Content must not:
Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Foundation or any other person or entity, if that is not the case.
Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to:
take any action with respect to any User Data and Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Data and Content violates the Data and Content Standards or any other provision in this Agreement, or creates liability for the Foundation or any other person. Such action may include reporting you to law enforcement authorities.
remove or reject any User Data and Content for any or no reason in our sole discretion.
disclose any User Data and Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Foundation or any other person.
Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.
We do not review User Data and Content before it is uploaded or submitted on or through the Services, and therefore cannot ensure prompt removal of questionable User Data and Content. Accordingly, the Foundation and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Foundation shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.
Copyright Infringement (Digital Millennium Copyright Act Policy).
The Foundation respects the intellectual property of others and expects users of the Services to do the same. It is the Foundation’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
a description of the copyrighted work that you allege has been infringed;
a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
a description of where the material that you claim is infringing is located;
your contact information, including your address, telephone number, and email address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
Designated copyright agent for the Foundation:
Name: Jonathan A Claypool
Address: 17062 Murphy Avenue
Telephone: 949-245-2765
Email: jclaypool@aladdin101.org
Feedback to the Foundation.
If you provide the Foundation with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Foundation all rights in such Feedback and agree that the Foundation shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Foundation will treat any Feedback that you provide to the Foundation as non-confidential and non-proprietary. You agree that you will not submit to the Foundation any information or ideas that you consider to be confidential or proprietary.
7. Assumption of Risk.
The information presented on or through the Services is made available for general information purposes only. The Foundation does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Foundation disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.
8. Privacy
For information about how the Foundation collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.
The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years old. We do not knowingly collect or solicit personally identifiable information from children under 13 years old. If you are a child under 13 years old, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 years old, we will delete that information as quickly as possible. If you believe that a child under 13 years old may have provided us with personal information, please contact us.
9. Third-Party Links and Ads.
The Services may contain links to third-party Sites, resources, and services, as well as advertisements (collectively,“Third-Party Links”). Third-Party Links are provided for your convenience only. The Foundation does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. The Foundation has no control over the contents, products, or services of any Third-Party Link and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link.
10. Termination
Termination.
The Foundation may suspend or terminate your access or rights to use the Site and Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Foundation will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Foundation and requesting termination.
Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Foundation or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.
11. Warranty
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE FOUNDATION AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.
THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE. FOR CLARITY, THE FOUNDATION DOES NOT PROVIDE MEDICAL ADVICE. ANY DATA ANALYSIS OR OTHER REPORT OR OUTPUT FROM THE SITE, SERVICES OR OTHERWISE DOES NOT CONSTITUTE AND SHOULD NOT BE RELIED UPON TO PROVIDE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT OF ANY DISEASE OR CONDITION. IT IS INTENDED FOR RESEARCH, EDUCATIONAL, OR INFORMATIONAL PURPOSES ONLY.
12. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOUNDATION OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COLLECTIVE LIABILITY OF THE FOUNDATION AND ITS AFFILIATES, AND THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF ONE HUNDRED ($100) DOLLARS OR THE AGGREGATE AMOUNTS PAID TO THE FOUNDATION IN THE LAST THREE (3) MONTHS MEASURED FROM THE DATE ANY ALLEGED LIABILITY ACCRUED. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
13. Indemnification
You agree to indemnify, defend, and hold harmless the Foundation and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Foundation reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.
14. Data
Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles.
Dispute Resolution.
You and the Foundation agrees that disputes may arise from time to time with regard to either Parties rights or obligations under this Agreement and further agrees to negotiate in good faith for at least a ninety (90) days period to seek resolution of any such dispute before third parties may be asked to interpret this Agreement for any such dispute.
If after the aforementioned period, any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of California, County of Orange, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.
At the Foundation’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Irvine, California. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party.
All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Foundation in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.
15. Miscellaneous
Waiver.
Except as otherwise set forth in this Agreement, no failure of the Foundation to exercise, or delay by the Foundation in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
Entire Agreement.
This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Foundation with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.
No Agency, Partnership or Joint Venture.
No agency, partnership, or joint venture has been created between you and the Foundation as a result of this Agreement. You do not have any authority of any kind to bind the Foundation in any respect whatsoever.
Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Foundation. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Foundation may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.
16. Contact Information.
All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 5 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to info@aladdin101.org.