Legal

1. Content.

Knowledgeworks Foundation provides this website and blog (collectively, the “Site”) to facilitate and encourage the sharing of ideas and materials to improve and advance the field of education. This Site contains some content that is ours and a significant amount of content that has been submitted by users of this Site or other third parties.

Therefore, KnowledgeWorks Foundation is not responsible for any materials that are posted, transmitted or otherwise made available by users on or through this Site, including but not limited to its blog, message boards, newsgroups, file areas, bulletin boards or any other part of the KnowledgeWorks Foundation Site.

You agree not to post, transmit, upload, distribute or otherwise make available on or through the Site any materials that (1) are libelous, defamatory, obscene, abusive, pornographic or threatening; (2) constitute an invasion of privacy; (3) infringe the intellectual property rights, including, but not limited to, the copyright or trademark rights, of any person or entity; (4) are illegal in any way or that advocate illegal activity; or (5) advertise goods or services or solicit funds.

KnowledgeWorks Foundation does not and cannot review or monitor every posting or transmission made on or through its Site, and therefore, KnowledgeWorks Foundation disclaims any responsibility for the content of any and all posts, transmissions or materials made available through this Site.

Should KnowledgeWorks notice that a post or transmission is objectionable and/or appears to violate these Terms of Use, as determined in KnowledgeWorks Foundation’s sole discretion, then you agree that KnowledgeWorks Foundation may edit, refuse to post or transmit, or remove any such information or materials, in whole or in part. KnowledgeWorks Foundation also reserves the right at all times to disclose any information necessary in its sole discretion to satisfy any law, regulation, or governmental request.

2. Respecting the Rights of Others.

By using KnowledgeWorks Foundation’s Site, you acknowledge that (i) KnowledgeWorks Foundation’s Site permits access to material that is protected under federal, state and international copyright and trademark laws and treaties and other laws governing the protection of proprietary and intellectual property rights (”Intellectual Property Laws”), (ii) that all copyright, trademark, proprietary and other intellectual property rights (”Rights”) in materials available on or through the Site are valid and enforceable in all media existing now or later developed, and (iii) your use of materials and content from the Site shall be governed by and subject to all applicable Intellectual Property Laws and these Terms of Use.

You agree to post or upload to message boards, our blog or any other parts of the Site or to transmit on or through the Site only materials that are not encrypted, materials that do not violate the Rights of any other person or entity and materials with respect to which the holder of all applicable Rights has given express authorization for such publication, distribution or other use of the materials.

By submitting or transmitting any materials to or through any public segment of this Site, such as the blog or a message board, you automatically grant, or warrant that the owner of such materials has expressly granted, KnowledgeWorks Foundation a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such materials (in whole or part) worldwide and/or to incorporate such materials in other works in any form, media or technology now known or later developed for the full term of legal protection as may exist in such materials.

3. Screen Name.

You agree that you may not select or use a screen name of another person (unless it is also your name), or a name subject to the Rights of any person or entity other than you. You also may not use a screen name that suggests the availability of content that KnowledgeWorks Foundation, in its sole discretion, considers to be libelous, defamatory, obscene, abusive, pornographic, threatening, an invasion of privacy, illegal, an advertisement of goods or services or a solicitation of funds, or otherwise objectionable. You agree to not attempt to conceal or disguise your screen name in any communication with KnowledgeWorks Foundation or through the Site.

4. Conduct and Communication.

KnowledgeWorks Foundation may elect in its sole discretion to monitor some, all or none of the posts, uploads, transmissions or materials otherwise made available on or through the Site for adherence to state and federal law and these Terms of Use. You agree to use the Site only for lawful purposes. Any conduct by you that in KnowledgeWorks Foundation’s sole discretion restricts or inhibits any other person or entity from using or enjoying the benefits of the Site or other service offered by KnowledgeWorks Foundation shall entitle KnowledgeWorks Foundation to immediately terminate your access to the Site without notice to you.

5. Notification of Claimed Copyright Infringement.

If you believe that our website contains material that infringes your copyright, you may notify us by mail, e-mail, telephone or fax at the contact information noted below:

By U.S. Mail:
Katherine Prince
KnowledgeWorks Foundation
One West Fourth Street, Suite 200
Cincinnati, OH 45202

By e-mail: 2020forecast@kwfdn.org
By Phone: 513-929-4777
By Fax: 513-929-1122

Please provide the following information in your correspondence with us:

» 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 us to locate the material.
» Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
» 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.
» 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.

Inquiries that do not follow this procedure may not receive a response.

6. Responding to a Claim of Copyright Infringement.

If you receive a notice of copyright infringement for material you have posted on KnowledgeWorks Foundation’s website, you must notify us immediately at 2020forecast@kwfdn.org so that we may promptly address the matter.

We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act.

7. Interference with Operation of the Site.

You agree not to post or transmit any materials to the Site that contain software viruses or any other computer code, files or programs that are designed to interrupt, destroy or limit the functionality of the Site or KnowledgeWork Foundation’s software, hardware or other equipment.

8. Indemnity.

You agree to indemnify and hold harmless KnowledgeWorks Foundation from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of materials or messages that you post, transmit or otherwise make available through this Site or due to your violation of law or these Terms of Use.

9. Disclaimer of Warranties and Limitation of Liability.

You agree that your use of the Site is at your own risk. This Site is provided on an “as is” and “as available” basis. WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

You agree that KnowledgeWorks Foundation and its affiliates, officers, directors and employees will not be liable for any punitive, indirect, incidental, or special damages arising out of your use of this Site, even if we are aware of or have been advised of the possibility of such damages.

Some jurisdictions do not allow limitations on implied warranties or limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above disclaimers, limitations or exclusions may not apply to you.

10. Governing Law and Jurisdiction.

You agree that Ohio law will govern the interpretation of these Terms of Use, without reference to Ohio’s conflicts of laws rules or principles. Further, you agree that any action or proceeding brought by you against KnowledgeWorks Foundation must be brought in an Ohio state or federal court located in Hamilton County, Ohio, and you consent to the jurisdiction of such courts in any action or proceeding and waive any objection to such courts having venue in such action or proceeding.

11. Privacy Policy and Other Terms and Conditions.

The Terms of Use and Privacy Policy of KnowledgeWorks Foundation as set forth at http://www.kwfdn.org/legal.asp and at http://www.kwfdn.org/privacy.asp shall also govern your use of the Site and are incorporated herein by reference. Please take time to review those terms and conditions regarding use and privacy