The Foundation reserves the right to make changes to this Website and to modify the Terms at any time at its sole discretion. We encourage you to review the Terms frequently for modifications. By your use of this Website, you agree to abide by any such modifications to the Terms, which are binding on you.
Information Collected on Our Website
If you merely download material or browse through the Website, our servers may automatically collect certain information from you which may include: (a) the name of the domain and host from which you access the Internet; (b) the browser software you use and your operating system; and (c) the Internet address of the website from which you linked to the Website. The information we automatically collect may be used to improve the Website to make it as useful as possible for our visitors; however, such information will not be tied to the personal information you choose to provide to us.
NOTICE TO CHILDREN UNDER THE AGE OF 13 AND THEIR PARENTS OR LEGAL GUARDIANS: IF YOU ARE UNDER THE AGE OF 13 AND WOULD LIKE TO CONTACT US PLEASE DO SO THROUGH YOUR PARENTS OR LEGAL GUARDIANS. THIS WEBSITE IS ONLY INTENDED FOR ADULTS. THE FOUNDATION DOES NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION (“PERSONAL INFORMATION”) FROM CHILDREN UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, DO NOT SEND US ANY PERSONAL INFORMATION INCLUDING WITHOUT LIMITATION YOUR EMAIL ADDRESS, NAME AND/OR CONTACT INFORMATION.
Disclosure of Personal Information to Third Parties
The Foundation does not rent or sell personal information that you choose to provide to us nor does the Foundation disclose credit card or other personal financial information to third parties other than as necessary to complete a credit card or other financial transaction or as required by law. The Foundation does engage certain third parties to perform functions and provide services, including, without limitation, hosting and maintenance, customer relationship, database storage and management, payment transaction and direct marketing campaigns. We will share your personal information with these third parties, but only to the extent necessary to perform the functions and provide the services, and only pursuant to binding contractual obligations requiring such third parties to maintain the privacy and security of your data.
Receiving Promotional Materials
We may send you information or materials such as newsletters, ebooks, whitepapers by e-mail or postal mail when you submit addresses via the Website. By your using the Website, you are consenting to our sending you such information or materials.
If you do not want to receive promotional information or material, please send an email with your name, mailing address and email address to communications [at] mkyf [dot] org. When we receive your request, we may take reasonable steps to remove your name from such lists.
Links to Other Websites
The Foundation is not responsible for the practices or policies of the websites linked to or from the Website, including without limitation their privacy practices or policies. If you elect to use a link that accesses another party’s website, you will be subject to that website’s practices and policies.
For Informational Purposes Only
The Foundation makes available the information on this Website for informational purposes only. You are solely responsible for the information you provide on this Website and for the information you use that you view on this Website. Information on this Website is not intended to be a replacement for direct consultation with the Foundation; if you have questions or concerns, please contact the Foundation directly.
Copyright and Trademark Information
The content included on this Website, such as data, text, graphics, logos, images and software and its compilation is the property of the Foundation and/or its content suppliers and is protected by copyright and trademark laws. In the event you upload any content including, without limitation, photographs or videos to this Website, you (i) represent to the Foundation and its affiliates that you have all rights necessary to upload the content; (ii) agree to indemnify the Foundation and its affiliates for any third-party infringement or other claims related thereto; and (iii) hereby license to the Foundation and its affiliates a perpetual non-cancellable royalty-free license to use such uploaded content for any purposes in any media now existing or hereafter developed.
License for Your Use
For any period of time that you use this Website and abide by these terms, the Foundation grants to you a limited, revocable and nonexclusive license to access this Website for your use but not to copy, download or modify it, or any portion of it, except with the express written consent of the Foundation. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, visited or otherwise exploited without the express written consent of the Foundation. You may not utilize framing to enclose any trademark, logo, content or other proprietary information contained on this Website without the express written consent of the Foundation. You may not use any meta tags or any other “hidden text” utilizing the Foundation or its affiliates’ name or trademarks without the Foundation’s express written consent.
You agree to use this Website only for lawful purposes, and you acknowledge that your failure to do so may subject you to civil or criminal liability. You are responsible for ensuring that any materials you upload, post or submit to this Website do not violate the copyright, trademark, trade secret or other personal or proprietary rights of any third-party and you hereby agree to indemnify the Foundation for any third-party infringement or personal rights claims. You agree not to disrupt, modify, or interfere with this Website or its associated software, hardware and servers in any way and you agree not to impede or interfere with others’ use of this Website. You further agree not to alter or tamper with any information or materials on or associated with this Website. Any unauthorized use or violation of these terms automatically terminates any permission or license granted by the Foundation to access and use this Website.
This Website may provide links or references to third-party websites or applications, including without limitation, third-party websites or applications of advertisers or of providers of informational articles or other users. The Foundation is not responsible for any information you choose to provide to those third-party websites or applications; any information, products or services you acquire from those third-party websites or applications, or any damages arising from your access to or use of those third-party websites or applications.
Disclaimer of Warranties and Limitation of Liability
THE FOUNDATION MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THIS WEBSITE OR THE MATERIALS AND/OR CONTENT AND/OR LINKS ON THIS WEBSITE FOR ANY PURPOSE. BY YOUR ACCESS TO THIS WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THIS WEBSITE AND/OR ANY LINKS TO THIRD-PARTY WEBSITES AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED BY THE FOUNDATION ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOUNDATION DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIAL, CONTENT, TEXT, GRAPHICS, EMAIL RESPONSES, LINKS AND OTHER ITEMS CONTAINED ON THIS WEBSITE OR ON ANY OTHER THIRD-PARTY WEBSITE. THE FOUNDATION DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR MESSAGES SENT FROM THE FOUNDATION ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. THE FOUNDATION SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, OR ITS CONTENT OR ANY THIRD-PARTY MATERIAL OR WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.
THE INFORMATION CONTAINED ON THIS WEBSITE AND IN ANY RESPONSES TO YOU ARE INTENDED TO BE FOR GENERAL INFORMATION PURPOSES ONLY AND ARE NOT CONFIDENTIAL. ANY INFORMATION YOU PROVIDE YOU DO AT YOUR OWN RISK. THIS INFORMATION SHOULD NOT BE USED AS A SUBSTITUTE FOR CONSULTING WITH THE FOUNDATION OR OTHER PROVIDERS.
Applicable Law and Jurisdiction
By visiting this Website, you agree that these Terms for all purposes shall be governed and construed in accordance with the laws of the State of Maryland, without regard to principles of conflict of law, and that any action based on or alleging a breach of these provisions must be brought in a state or federal court located in the State of Maryland. In addition, you agree to submit to the personal jurisdiction and venue of such courts.
Notification of Claims of Infringement
If you are a copyright owner or an agent thereof and believe that any user submitted information or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification 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 and information reasonably sufficient to permit the Copyright Agent to locate the material;
- Information reasonably sufficient to permit the Copyright Agent to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Foundation’s designated Copyright Agent to receive notifications of claimed infringement is: information [at] mkyf [dot] org.
You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
III. GENERAL INFORMATION
How to Contact Us:
If you have questions about the Terms or if you wish that we modify or delete your personal information that we have collected, you can contact us at communications [at] mkyf [dot] org and ask for our website coordinator.