Effective Date: January 20, 2016
The Site and Its Contents
CFR maintains the Site to provide an educational experience regarding international relations and U.S. foreign policy. The Site and the content on the Site, including code, images, text, layouts, arrangements, displays, illustrations, audio and video clips, and HTML files (the “Site Contents”), are intended for use solely for educational purposes, whether in a classroom or other learning environment (the “Class”).
Registered instructors and students will receive access to Site Contents, including cases and assessments posted to the Site, for their Class. In addition, as described below, registered instructors will have access to a forum containing contributions from other instructors regarding use of the Site Contents. Both students and instructors will have access to assessment management tools containing student responses to assessments and instructor comments (collectively, “User Content”).
To use the Site, you must register for a user account (a “User Account”) as either an instructor or a student. Registration requires both instructors and students to provide an email address and a password. Instructors will also be prompted or required to enter additional information, which may include your name, school, class, institution type and location (along with your email address and password, the “Registration Information”).
You agree that you will never divulge your password or share access to your User Account with any third party for any reason. You also agree that you will create, use, and access only one User Account and that you will not access the Site using multiple User Accounts. By registering, you represent that your Registration Information is accurate, current and complete and you agree that you will maintain its accuracy and currency for so long as you use the Site. Once registered, you will be able to update your Registration Information through the My Account link.
Instructors invite students to create a User Account by entering their students’ names and email addresses. If you are an instructor and invite a child under the age of 13 to register for the Site, you represent and warrant that you have received consent from child’s parent or legal guardian for you to invite the child user to register for the website and to provide to us the information you disclose in connection with the invitation to and registration of the child.
Permission to Use Site, Site Contents and User Content
CFR, or its affiliates or licensors, own all Site Contents. Site Contents are protected by the intellectual property laws, including copyright, of the United States and other countries. Users retain ownership of their respective items of User Content.
CFR grants you a personal, nonexclusive, royalty-free, worldwide non-transferable license to access and use the Site, the Site Contents and the User Content submitted for your Class solely in connection with your Class. The foregoing license allows you to view, download and print Site Contents and User Content from the Site for your Class. Except as expressly authorized by these Terms, you may neither copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer nor modify or create derivative works of, any Site Contents or User Content.
“CFR”, “Council on Foreign Relations”, “Model Diplomacy” and the associated logos are trademarks of CFR. You may not use CFR’s names or logos, or any variations thereof, without prior written consent of CFR.
User Content and User Obligations
By registering, you grant CFR a nonexclusive, royalty-free, worldwide, perpetual transferable and sublicenseable (by CFR, through these Terms, to other users of the Site, including to the instructor and students of your Class) license to use, including to store, access and share, any of your User Content for purposes of your Class and the Site.
If you transmit or post User Content to or through the Site or any associated platforms, you may only do so for purposes that are related to the Class and to the contents and purposes of the Site.
Without limiting the foregoing, you may not post to or transmit through the Site any content that is:
- Unlawful, including because it infringes or misappropriates the intellectual property rights of, or defames or libels, any person, or invades a person’s privacy including by disclosing private facts, or involves gambling or any other form of criminal or unlawful activity;
- Inappropriate, including because it is offensive, racist, hateful, sexist, pornographic, obscene, false or misleading; or
- Commercial or promotional in nature, including any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (commercial or otherwise).
CFR reserves the right to remove any User Content from the Site or any third-party platforms in its sole discretion for any reason whatsoever, including breach of these Terms.
Muut.com and Links to Other Sites
The Site and Site Contents may include hyperlinks to sites maintained or controlled by others for purposes of enabling instructors to post User Content in connection with your Class. In connection with cases, instructors will receive access to Muut.com, a discussion platform maintained by a third party.
Neither CFR nor its affiliates are responsible for, nor do they routinely screen, approve, review or endorse the contents or use of, any products or services that may be offered through Muut.com or through third-party sites. You agree that CFR will have no responsibility or liability in connection with your use of Muut.com or any other third-party sites to which the Site links.
DISCLAIMER OF WARRANTY/LIMITATION OF LIABILITIES
THE SITE, ALL SITE CONTENTS AND ALL USER CONTENT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CFR DISCLAIMS ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT OR FITNESS OF PURPOSE, THAT THE SITE, THE SITE CONTENTS AND ANY USER CONTENT ARE ACCURATE OR COMPLETE, THAT THE SITE WILL OPERATE IN AN ACCESSIBLE, UNINTERRUPTED, SECURE, RELIABLE OR ERROR-FREE MANNER, OR THAT THE SITE, ANY SITE CONTENTS OR ANY USER CONTENT ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
EXCEPT AS PROHIBITED BY LAW, YOU AGREE THAT (A) CFR IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR (OR ANY THIRD PARTY’S) USE OF, OR POTENTIAL CLAIMS RELATED, TO THE SITE, ANY SITE CONTENTS OR ANY USER CONTENT,WHETHER ON OR ACCESSED THROUGH THE SITE OR ANY THIRD-PARTY PLATFORM, AND (B) CFR HAS NO LIABILITY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF OR RELATING TO THESE TERMS, ANY USE OF THE SITE, ANY SITE CONTENTS, ANY USER CONTENT OR ANY THIRD-PARTY PLATFORMS.
YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH ABOVE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND CFR AND ARE ESSENTIAL TO CFR’S MAKING THE SITE AVAILABLE TO YOU ON THE BASIS OF THESE TERMS.
YOU AGREE THAT ANY CAUSE OF ACTION RELATED TO THE SITE, ANY SITE CONTENTS OR ANY USER CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
The Digital Millennium Copyright Act (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Site Contents or User Content infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow CFR to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has 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 (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We reserve the right to remove all Content, without prior notice, (including User Generated Content) if properly notified - pursuant to the "Notification of Copyright Infringement" section - that such Content infringes on another's intellectual property rights.
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Site should be sent to:
Council on Foreign Relations, Inc.
58 East 68th Street
New York, New York 10065
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
You agree to indemnify, defend and hold harmless CFR and its affiliates, and each of their respective officers, directors, agents, employees, and assignees, from any and all third-party claims, liabilities, expenses and damages, including associated reasonable attorneys’ fees and costs, relating to or arising out of your use or attempted use of the Site, any Site Contents or any User Content in violation of these Terms.
Choice of Law/Forum Selection
The Site is managed by CFR, located in New York, New York. These Terms are governed by the laws of the State of New York without giving effect to any conflict of laws principles. You agree to bring any dispute arising under or related to these Terms, the Site, any Site Contents, User Content or other content that is accessible on or through the Site solely in the courts of the State of the New York, in the County of New York, or in the United States District Court for the Southern District of New York. You agree that CFR may bring any dispute against you in one of those courts and, for purposes of such dispute, you consent to the exercise of personal jurisdiction by, and waive any objection to venue in, any such courts.
Right of Modification
CFR reserves the right to change or modify these Terms in our sole discretion at any time. Any change or modification to these Terms will be effective immediately upon posting by us. In all cases, your continued use of the Site after such modification, with or without notification, constitutes binding acceptance of these Terms as modified.
You agree that, in its sole discretion, CFR may terminate your use of the Site or of any Site Contents or User Content for any reason and that, in such event, CFR shall have no liability to you for any such action. You further acknowledge that, at any time, CFR has the right to delete, postpone the availability of or alter any of the Site Contents, including the format or contents of any case study. If you no longer desire to use or have access to the Site or the Site Contents for your Class, you may cease such use at any time. You may also terminate your account by sending a request to [email protected].