The following Terms of Service (“Terms”) govern all of The Kurdish Project’s website, and create a legally binding agreement between you and The Kurdish Project. Please read these Terms carefully before accessing or using The Kurdish Project. By accessing or using any part of The Kurdish Project, you agree to become bound by the terms and conditions of this agreement (collectively, the “Agreement”). If you do not agree to all the terms and conditions of this agreement, then you may not access The Kurdish Project or use any services.
Responsibility of Contributors
If you comment on a blog or article, post links, or otherwise make (or allow any third party to make) material available by means of The Kurdish Project (any such material, “Content”), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that: the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party; and if your employer has rights to intellectual property you create, you have either:
(i) received permission from your employer to post or make available the Content, including but not limited to any software, or
(ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party;
- your Content is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your Content is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog’s URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by The Kurdish Project or otherwise.
By submitting Content to The Kurdish Project for inclusion on our Website, you grant The Kurdish Project a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting our website. If you delete your Content, The Kurdish Project will use reasonable efforts to remove it from our Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, The Kurdish Project has the right (though not the obligation) to, in The Kurdish Project’s sole discretion (i) refuse or remove any content that, in The Kurdish Project’s reasonable opinion, violates any The Kurdish Project policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in The Kurdish Project’s sole discretion.
Furthermore, The Kurdish Project may need to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.
You agree that no compensation will be paid or due to you or any third party with respect to the Content that you submit, post, transmit or otherwise make available through The Kurdish Project, even if used by other companies, organizations or individuals who partner with The Kurdish Project.
Responsibility of the Website Visitors
The Kurdish Project has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, The Kurdish Project does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. The Kurdish Project disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which The Kurdish Project links, and that link to The Kurdish Project. The Kurdish Project does not have any control over those external websites and webpages, and is not responsible for their contents or their use. By linking to an external website or webpage, The Kurdish Project does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Kurdish Project disclaims any responsibility for any harm resulting from your use of external websites and webpages.
Copyright Infringement and DMCA Policy
As The Kurdish Project asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by The Kurdish Project violates your copyright, you are encouraged to notify The Kurdish Project in accordance with The Kurdish Project’s Digital Millennium Copyright Act (“DMCA”) Policy. The Kurdish Project will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. The Kurdish Project will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of The Kurdish Project or others. In the case of such termination, The Kurdish Project will have no obligation to provide a refund of any amounts previously paid to The Kurdish Project.
This Agreement does not transfer from The Kurdish Project to you any The Kurdish Project or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with The Kurdish Project. The Kurdish Project, TheKurdishProject.org, the The Kurdish Project logo, and all other trademarks, service marks, graphics and logos used in connection with The Kurdish Project, or the Website are trademarks or registered trademarks of The Kurdish Project or The Kurdish Project’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any The Kurdish Project or third-party trademarks other than provided for in our use of the Creative Commons Sharealike license.
The Kurdish Project reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. The Kurdish Project may also, in the future, offer new services and/or features through the Website (including, but not limited to the release of new services, tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
The Kurdish Project may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your The Kurdish Project account (if you have one), you may simply discontinue using the Website. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website is provided “as is”. The Kurdish Project and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Kurdish Project nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
Limitation of Liability
In no event will The Kurdish Project, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages;
(ii) the cost of procurement for substitute products or services;
(iii) for interruption of use or loss or corruption of data; or
(iv) for any amounts that exceed the fees paid by you to The Kurdish Project under this agreement during the twelve (12) month period prior to the cause of action.
The Kurdish Project shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
You represent and warrant that:
(ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.
You agree to indemnify and hold harmless The Kurdish Project, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
This Agreement constitutes the entire agreement between The Kurdish Project and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of The Kurdish Project, or by the posting by The Kurdish Project of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
These Terms may not comply with the laws of other countries, and by accessing the Services you assume the risk of such non-compliance.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.
If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.
You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; The Kurdish Project may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Updated: 11 March 2015