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Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY AS IT IS A BINDING CONTRACT AND CONTAINSIMPORTANT INFORMATION REGARDING YOUR LEGAL OBLIGATIONS. Welcome to the web site of Newton’s, a program and initiative of the CRDF Global ("We") BY ACCESSING, VISITING, VIEWING, TRANSMITTING, BOOKMARKING, OR OTHERWISE USING THIS SITE, YOU AGREE TO THESE TERMS OF USE, AS WELL AS THE TERMS OF OUR PRIVACY POLICY, WITHOUT MODIFICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

USERS OF THE WEB SITE
These Terms of Use apply to all users of our web site and related services (collectively "Web Site"), including users who are contributors of User Content (defined below), information, or other materials on the site ("Users"). This Web Site is intended solely for Users who are eighteen (18) or more years of age, or emancipated minors, or possess legal parental or guardian consent, and are fully able and, in every case, competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use and to comply with them.

OUR PRIVACY POLICY IS A PART OF THESE TERMS OF USE
These Terms of Use include and incorporate by reference our Privacy Policy. By agreeing to these Terms of Use, you agree to abide by the terms of our Privacy Policy. Please review our Privacy Policy by clicking on the link below. Click here to view our privacy policy.

CHANGES TO THESE TERMS OF USE
These Terms of Use may be revised periodically and this will be reflected by the "Date Last Modified" above. For material revisions to these Terms of Use, we will attempt to give you notice of the specific changes to these Terms of Use by posting this information prominently on the Web Site, sending you an e-mail, or any other means that we deem appropriate. It is your responsibility to regularly check the Web Site and this page to determine if there have been any changes to these Terms of Use. Your continued use of the Web Site constitutes your agreement to these Terms of Use and any future revisions.

YOUR REPRESENTATIONS AND WARRANTIES
By using the Web Site, you represent and warrant that: (a) all account information you submit is truthful, complete, and accurate and you will maintain the accuracy of such information; (b) you are at least eighteen (18) years of age or older; (c) your use of the Web Site does not and will not violate any applicable law; (d) you own the User Content Posted (defined below) by you on or through the Web Site or otherwise have the right to grant the license set forth in these Terms of Use; and (e) the Posting of your User Content on or through the Web Site or any materials of any kind submitted through your account or otherwise Posted, transmitted, or shared by you on or through the Web Site will not violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights, or contain libelous, defamatory or otherwise unlawful material.

OWNERSHIP AND RIGHTS IN CONTENT

What We Own in Connection with the Web Site
The content on the Web Site, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like and the Trademarks (defined below) contained therein ("CRDF Content"), are owned by or licensed to CRDF Global, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Newton’s List’s distinctive logo and other CRDF Global and/or NSF graphics, logos, designs, scripts, page headers, screen icons and service names are service marks, trademarks or trade dress (collectively "Trademarks") of CRDF Global and the U.S. National Science Foundation (NSF), respectively,  in the United States and/or other countries. CRDF Global and NSF may not be used, including as part of Trademarks or domain names, in connection with any other product or service or in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of CRDF Global and/or NSF, respectively.

What You May Own in Connection with Your Use of the Web Site
Newton’s List does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, personal information, or any other materials that you or any other User Posts to the Web Site (collectively, "User Content"). After Posting your User Content to the Web Site, you continue to retain all ownership rights, if any, that you may have in such User Content, subject to the license you grant to us in these Terms of Use.

What We Can Do with the User Content You Post on the Web Site
By submitting, sending, displaying or otherwise publishing ("Posting") any User Content on or through the Web Site, you hereby grant to CRDF Global and its Users a worldwide, perpetual, irrevocable, non-exclusive, royalty free, limited license (with the right to sublicense) to use, modify, publicly perform, publicly display, reproduce, distribute, reformat, translate, make derivative works based on, excerpt (wholly or in part) such User Content in connection with goals and objectives of Newton’s List. This includes, but is not limited to, use by CRDF Global in marketing, promotional or fundraising materials. We may delete any User Content that in our sole judgment violates these Terms of Use or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person or which is in any way inappropriate. We reserve the right, in our sole discretion, to reject, refuse to Post or remove any Posting by you, or to restrict, suspend, or terminate your access to all or any part of the Web Site at any time, with or without prior notice and without liability.

Subject to your right to opt-out of receiving communications from CRDF Global as described in our Privacy Policy, you give CRDF Global express permission to use the information you have provided through the Web Site to communicate with you via e-mail, postal mail, telephone or other appropriate means to seek further information about your Posting, provide you with updates on the Web Site or Newton’s List activities, or for other appropriate informational, advisory, or communications purposes.

Uses You Can Make of the Web Site and Our Content
We hereby grant you a limited, revocable, license (or sublicense, as applicable) to reproduce display, perform, and modify (excluding any software code) Newton’s List content, content licensed by CRDF Global from third parties, and User Content of other Users, solely for your personal, non-commercial use in connection with using the Web Site or for research, teaching, private study, and activism. Such use may neither state nor imply any formal or official relationship between you and CRDF Global, its supporters or partners, without their prior written permission.

You must obtain written permission in advance if you wish to reproduce any Newton’s List Content for any reason not specified in the immediately preceding paragraph. You can request this permission by contacting an administrator at newtonslist@crdfglobal.org.

Please include a complete description of Newton’s List Content requested, such as the URL of the web page that contains it, a description of the sections or paragraphs that are requested to be used, and, where applicable, the title and date of the Newton’s List Content; a description of the intended audience; a description of the manner of distribution; the length, retail price, and approximate size of first printing or circulation that will include the Newton’s List Content; a description of the geographic scope of the distribution and the length of time for which rights are being requested, a reply fax number and phone number. We grant only non-exclusive licenses.

The license granted under these Terms of Use does not permit the use of any data mining, web robots, web scraping software, or similar data gathering or extraction methods. If you download or print any content from the Web Site, you must retain all copyright and other proprietary notices contained therein. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. You also agree not to circumvent, disable or otherwise interfere with security related features of the Web Site.

USER CODE OF CONDUCT
You agree not to use the Web Site in violation of the following Code of Conduct: 1. Use the Web Site in any unlawful manner or in any manner that could damage, disable or impair the Web Site or performance of the Web Site; 2. Use automated scripts to collect information from or otherwise interact with the Web Site; 3. Harvest or collect e-mail addresses or other contact information of other Users from the Web Site by electronic or other means for any purpose; 4. Upload, transmit, post, share, store or otherwise make available any content that we deem to be actually or potentially harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, pornographic, obscene, fraudulent, hateful, invasive of privacy or publicity rights or racially, ethnically or otherwise objectionable; 5. Upload, transmit, post, share, store or otherwise make available any videos other than those of a personal nature that: (i) are taken by you with permission from those appearing in the video, or (ii) are original works of art or animation created by you; 6. Impersonate any person, firm or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person, firm or entity; 7. Upload, transmit, post, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, "spam," chain letters, "pyramid schemes," or any other form of solicitation; 8. Sign-up or register for more than one User account; 9. Upload, transmit, post, share, store or otherwise make publicly available on the Web Site any private information of any third party, including, without limitation, addresses, phone numbers, e-mail addresses, Social Security numbers and credit card numbers; 10. Solicit passwords or personally identifying information for commercial or unlawful purposes; 11. Upload, transmit, post, share or otherwise make available any material that contains software viruses or malicious code, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; 12. Intimidate, harass or annoy any other User; 13. Upload, transmit, post, share, store or otherwise make available content that would constitute, encourage or provide instructions for any violent or criminal act, violate the rights of any person, firm or entity, or that might otherwise create liability for Newton’s List, or violate any local, state, national or international law; 14. Use or attempt to use any other person's account, service or system without authorization from Newton’s List, or create a false identity on the Web Site. 15. Upload, transmit, post, share, store or otherwise make available content that, in the sole judgment of Newton’s List, is objectionable or which restricts or inhibits any other person from using or enjoying the Web Site, or which may expose Newton’s List or its Users to any harm or liability of any type.

INTERACTIONS WITH OTHER MEMBERS
You are solely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor your communications or disputes with other Users on the Web Site. Newton’s List may take any action that it feels, in its sole discretion, may be appropriate and consistent with these Terms of Use, including the termination of the membership of one or more Users.

SECURITY AND YOUR OBLIGATIONS REGARDING YOUR PASSWORD
Although we will take reasonable and customary measures to protect your information and User Content, please be aware that no security measures are perfect or impenetrable. Hardware or software failures, unauthorized use, hacking, unlawful conduct, actions of third parties, and other factors may lead to a security breach. We cannot control the actions of other Users or third parties. Therefore, we cannot and do not guarantee that the User Content you post on the Web Site or information that you provide to us will not be viewed by unauthorized persons. We are not responsible for the unauthorized circumvention of any privacy settings or security measures contained on the Web Site. When you sign-up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another User at any time or to disclose your password to anyone else. You agree to notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account and for any actions that take place using your account.

OUR COPYRIGHT POLICY
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior consent of the owner of such proprietary rights. We reserve the right to terminate the account privileges of any User who infringes the copyright rights of others.

LINKS TO OTHER WEB SITES
The Web Site may contain links to other web sites. These sites are unrelated to Newton’s List and the Newton’s List has no control over them or their content. Inclusion of any linked web site on the Web Site does not imply approval or endorsement of the linked web site by Newton’s List and vice versa. If you access these third party web sites, you do so at your own risk.

TERMINATION
We reserve the right to terminate your access to the Web Site or any part thereof at any time without notice for any reason. The limitation of liability, indemnity, your license grant to Newton’s List, and governing law sections of these Terms of Use will survive any termination.

DISCLAIMERS
THE WEB SITE AND SERVICES PROVIDED THROUGH THE SITE ARE PROVIDED "AS-IS" AND AS AVAILABLE AND CRDF Global EXPRESSLY DISCLAIMS ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE (i) ANY SPECIFIC RESULTS FROM USE OF THE WEB SITE, PARTICIPATION IN ANY ACTIVITIES RELATED TO THE USE OF THE WEB SITE, OR THE SERVICES; OR (ii)THAT THE MATERIALS ON THE SITE SHALL BE ERROR-FREE, OR FREE OF ALL VIRUSES OR OTHER HARMFUL COMPONENTS.

The Web Site may be temporarily unavailable from time to time for maintenance or other reasons. We are not responsible for any technical malfunctions, conduct of any Users (whether online or offline), third party materials of any kind appearing on the Web Site, or incorrect or inaccurate materials Posted on the Web Site, whether caused by Users of the Web Site or by any of the equipment, communications, viruses, network failure or programming associated with or utilized by Newton’s List. We do not endorse any User Content or any opinion, recommendation, or advice expressed therein, and expressly disclaim any and all liability in connection with User Content.

You shall be solely responsible for your own User Content and the consequences of Posting it on the Web Site.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Newton’s List

UNDER NO CIRCUMSTANCES SHALL NEWTON’S LIST BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE OR SERVICES, FROM ANY CONTENT POSTED ON OR THROUGH THE SITE, PARTICIPATION IN ANY ACTIVITIES RELATED TO THE USE OF THE WEB SITE, OR FROM THE CONDUCT OF ANY USERS OF THE WEB SITE.

LIMITATIONS OF LIABILITY
IN NO EVENT SHALL NEWTON’S LIST AND ITS STAFF BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RELATED TO YOUR USE OF THE SITE, INCLUDING WITHOUT LIMITATION, CLAIMS RESULTING FROM ANY (i) ERRORS, MISTAKES, OR INACCURACIES IN CONTENT, (ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (iii) UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEB SITE, (v) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEB SITE BY ANY THIRD PARTY, (vi) PARTICIPATION IN ANY ACTIVITIES RELATED TO THE USE OF THE WEB SITE AND/OR (vii) ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER NEWTON’S LIST IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

ASSIGNMENT
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Newton’s List without restriction.

GOVERNING LAW
These Terms of Use are governed by the laws of the Commonwealth of Virginia  and of the United States of America applicable to contracts made and performed there without regard to its conflicts of law principles.

MISCELLANEOUS
These Terms of Use, together with those terms and conditions incorporated or referred to herein (including the Privacy Policy), constitute the entire agreement between us relating to the subject matter herein and supersede any prior understandings or agreements, whether oral or written, regarding this subject.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision in that or any other instance. If any provision of these Terms of Use is held invalid, the remainder of these Terms of Use shall continue in full force and effect. If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Last Modified: January 31, 2013.