The purpose of the Network is to provide members and volunteers of officially recognized AFH chapters (each a “Chapter” and collectively “The Chapters”) with a common platform to communicate with each other and the general public for the purposes of developing and distributing architectural solutions to humanitarian problems. Users of the Network will be able to post content into sections (a “Chapter Section”), each with custom access for users and the public, on which users will be able to collaborate on and exchange ideas regarding their particular Chapter.
By using the Network, you agree to be bound by these Terms. If you do not agree to these Terms, you are not permitted to use the Network. If you violate any of these Terms, you automatically forfeit your right to use the Network, regardless of any actions we take or don’t take to enforce such forfeiture.
We reserve the right, at our discretion, to change, modify, add or remove portions of these Terms. Such modifications shall be effective immediately upon posting of the modified Terms to the Network. Your continued use of the Network following the posting of changes to these Terms will mean that you accept those changes.
In addition, each user's use of a particular Chapter Section may be subject to specific guidelines or rules ("Chapter Rules") established and enforced by the user(s) who are designated as section adminstrators (the “Chapter Organizers”). Where any Chapter Rules approved by AFH provide that the Chapter Rules shall take precedence to the extent of any conflict between the provisions of the Project Rules and the provisions of the Terms, the Chapter Rules shall prevail. In the absence of any statement to this effect in any Chapter Rules, the Terms shall prevail to the extent of any inconsistency.
The Network and all information contained on it is provided on an “as is” and “as available” basis. The Network reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Network or any Project or Project thereon (or any part thereof), with or without notice. We will not be liable to you, any other user or any third party for any direct or indirect damages you may incur as a result of such modification, suspension or discontinuance. Please see “Our Potential Liability to You is Strictly Limited” below for further information.
In general, you will be able protect your rights in content you post to the Network through use of a “Creative Commons license.” Please go to the Creative Commons website (http://www.creativecommons.org/) to get more information on the Creative Commons licensing system and how you may use it to protect content you post to the Network. Please also note that Creative Commons licenses apply to content located on the Network.
By using the Network, you covenant that (a) any content you provide to the Network is provided free of any trademark rights, licenses or other intellectual property rights that prevent such content from being used on the Network in the manner contemplated by these Terms (or any applicable Chapter Rules), and (b) you will not use the Network or any content obtained there from for any purpose that is unlawful or prohibited by these Terms (or any applicable Chapter Rules).
By using the Network, you represent that you are at least 18 years of age, are legally competent to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Network’s registration form (such information the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete at all times. If you fail to comply with this requirement, we have the right to suspend or terminate your account and refuse any and all current or future use of the Network (or any portion thereof).
You will receive a password and account designation upon submitting your Registration Data. You are responsible for maintaining the confidentiality of the password and account, and are fully liable for all activities occurring there under. We will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your account.
All information, data, text, software, music, sound, images, sketches, diagrams, photographs, graphics, renderings, CAD files, video, messages or any other materials whatsoever (collectively, "Content"), however posted to, maintained on, or transmitted via the Network, is the sole responsibility and property of the person from which such Content originated (the “Author”). This means that the Author, and not the Network or AFH, is entirely responsible for all Content that he or she uploads, posts, or transmits via the Network. In the event any Content is deemed illegal under applicable law, we will cooperate fully with applicable authorities in removing such Content and identifying its Author.
Except as they may provide pursuant to a “Creative Commons” license or otherwise, and except as provided below with respect to the rights of the Network to Content posted therein, Authors retain all patent, trademark, and copyright rights to all Content they post. We are not responsible for protecting the rights of any Author to his or her Content, and Authors are not entitled to our assistance in protecting such Content. Although we claim no ownership over any Content, by making Content available in the publicly accessible areas of the Network you grant us a world-wide, royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, publicly perform and publicly display such Content for promoting the Network and for other purposes as may be determined by AFH, including purposes described in specific Chapter Rules agreed to by AFH.
Please note that, except as may be provided under specific Chapter Rules agreed to by AFH, all Content posted to the publicall accessable areas of the Network is licensed under a Creative Commons Attribution-Share Alike 3.0 License.
We generally will not screen Content and we are under no obligation to do so. We may, however, investigate complaints regarding Content. After investigating a complaint, we may call upon an Author to retract, modify, or protect (by means of Project settings or otherwise) the Content in question. If the Author fails to satisfy such a request, we delete the Content in question, terminate of the account of the Author, or take other appropriate action.
Although Content may contain information that is prepared by a member of a profession or a skilled trade, Content is for general informational purposes only and is not specific professional advice rendered to you in your particular circumstances. By accessing Content, no contract is created between you or any other person, including the Author, the Network or AFH. In addition, neither the Network, AFH or any Author make any representations or warranties regarding the fitness or quality of Content or its appropriateness for any particular use, its compliance with applicable laws or regulations (including building codes), or its consistency with prevailing practices in any particular location. Specifically, local building codes and requirements are subject to change at any time, and complete and accurate building code information can only be obtained directly from the relevant governmental agency in your jurisdiction. You are advised to consult with an architect or other relevant professional licensed to practice in your jurisdiction prior to making use of any Content.
From time to time users may be able to access an “Discussion Thread” or similar function. "Discussion Thread" refers simply to Authors with multiple postings or specific interest in a particular topic, and we do not review any of the comments or users and we have no legal duty to perform any such review. By accessing a Discussion Thread or similar function, no contract is created between you or any other person, including the Author, the Network or AFH. In addition, neither the Network, AFH or any Author make any representations or warranties regarding the fitness or quality of any information provided through a Discussion Thread, its appropriateness for any particular use, its compliance with applicable laws or regulations (including building codes), or its consistency with prevailing practices in any particular location.
If you violate any of the following, the Network may take any corrective action, the nature of which will be determined by the Network in its sole and absolute discretion.
a. Upload, post or otherwise transmit any content that is in the Network’s opinion unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive to another's privacy (up to, but not excluding any address, email, phone number, or any other contact information with out the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
b. Harm minors in any way;
c. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. Manipulate data in order to disguise the origin of any Content transmitted through the Network;
e. Upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
g. Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. Upload, post or otherwise transmit any material that contains software viruses 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;
i. Interfere with or disrupt the Network, or servers or networks connected to the Network, or disobey any requirements, procedures, policies or regulations of networks connected to the Network;
j. Intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
k. "Stalk" or otherwise harass another person or company;
l. Collect or store personal data about other users for business purposes;
m. Use the Network as a forwarding service to another website;
n. Allow usage by others in such a way as to violate the Terms;
o. Sell, resell, or offer any Content or any portion of the Network (including use of or access to the Network) for any commercial purposes.
You agree that we, in our sole discretion, may terminate your password, account, and remove and discard any content within the Network, for any reason. You agree that any termination of your access to the Network under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files. We reserve the right to bar any further access to such files or the Network. You agree that we will not be liable to you or any third-party for any termination of your access to the Network. Payments received for access to the Network will be refunded only at our discretion.
You agree to indemnify, defend and hold the Network, AFH, and its subsidiaries and affiliates and their respective officers, employees and agents, and each of our website partners harmless from any and all claims, demands, damages, costs and liabilities, including reasonable attorneys' fees, made by any third party due to or arising out of your acts or omissions, including claims arising out of your use of the Network, your posting of Content, and your violation of these Terms.
You agree that we are not liable for any direct, indirect, incidental, special, consequential or exemplary damages for loss of profits, goodwill, use, data or other intangible losses (whether or not we have been informed of the possibility of such damages) resulting from (a) your inability to use the Network, (b) any costs you incur in connection with your access of information from the Network (whether as replacement of information you obtained from the Network or otherwise), (c) unauthorized access to or alteration of your transmissions or Content, or (d) the conduct of any other user relating to your use of the Network.
In particular, please note the following regarding the limited nature of our obligations to you:
a. You use the Network at your own risk. We expressly disclaim any warranty of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement, whether with respect to the Network itself or any content contained therein. In particular, we are not responsible for any damage to your computer system or data that results from your use of the Network.
b. We disclaim any warranty that (i) the Network will meet your requirements, (ii) the Network will not experience temporary interruptions or will not be terminated in its entirety, (iii) the quality of any services or products obtained by using the Network will be satisfactory, or (iv) any problems or errors in the Network will be corrected.
c.No information or advice you obtain from the Network shall create a contract between you and us (or between you and the provider of such information or advice), and any such information or advice is provided free of all warranties.
d. Nothing herein shall be deemed to create an agency, partnership, joint venture, employer-employee, franchisor-franchisee or other relationship between you and us or any other person.
In the event that you have a dispute with one or more Network users, you release us (and our officers, directors, agents, subsidiaries, parent corporation, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. In particular, you waive any rights you may have under California Civil Code §1542 or any other similar provision of the applicable law of any other jurisdiction.
Steven R. Meier
Jenner & Block LLP
330 N. Wabash Avenue, Suite 4000
Chicago, IL 60611
Choice of Law and Forum. The Terms and the relationship between you and us shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Cook County, Illinois.
Waiver and Severability of Terms. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your Network account is non-transferable and any rights to your Registration Data or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Network must be filed within 90 days after such claim or cause of action arose or be forever barred.
In consideration of the opportunity to participate in one or more of the Architecture for Humanity building projects and other related activities, I hereby agree on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate to release and discharge Architecture for Humanity, its officers, board members, agents, and employees, other volunteers, sponsors and all other persons acting on behalf of Architecture for Humanity (collectively, “AFH”), as follows:
1. I acknowledge all building projects and related activities and travel entail known and inherent risks, as well as unknown and unanticipated risks which could result in serious physical or emotional injury, paralysis or death, and loss or damage to property. I understand such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
These risks include but are not limited to: 1) extreme temperatures and weather conditions; 2) illnesses and diseases, infection, dehydration, allergic reactions and other health hazards, including animal, insect and snake bites; 3) improper first aid, emergency treatment or other rescue services, and the unavailability of life saving services or adequate medical attention; 4) my own physical or mental condition and my own acts or omissions; 5) the consumption of tainted or spoiled food or drink, including exposure to polluted or contaminated water; 6) acts of hostility, theft or other crime; 7) my own failure or that of other participants to act in a prudent manner or follow equipment safety instructions; 9) inadequate repair or maintenance of equipment; 10) apparent and latent equipment, tool and construction defects; 11) automobile breakdown or accident; and 12) error or negligence of AFH.
2. My participation in any activities related to AFH is voluntary. I expressly agree and promise to accept and assume all of the risks associated with my participation, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless AFH from any and all claims, demands, or causes of action which are in any way connected with my participation, including any such claims which allege negligent acts or omissions of AFH.
4. If AFH incurs attorney’s fees or costs to enforce this Agreement, I will indemnify and hold them harmless for all such fees and costs. I agree that substantive Illinois law (and not only conflict of law rules) rather than the law of any other state or jurisdiction will be applied in any legal action involving the interpretation, validity and/or enforceability of this Agreement, and that any legal action resulting from my participation in this activity will be brought only in the state of Illinois. If any portion of this Agreement is deemed invalid or unenforceable, all other portions of this Agreement will remain in full force and effect.
5. I certify that I have adequate insurance or financial means to cover any injury or damage I might suffer or cause. If I fail to have such insurance, I must bear the costs of any injury or damage myself.
6. I certify that I have consulted with my doctor and that I have no medical or physical conditions which could interfere with my safety. Before joining any building project, I will disclose in writing any medical or physical condition which requires special attention or medication. I assume and will bear the costs of all risks that may arise as a result of my physical condition, and I am responsible for my own medical needs.
7. I acknowledge that I would not be allowed to participate without this Agreement.
8. I certify that I: (a) am aware of the physical demands of participation; (b) have a valid driver’s license and adequate automobile insurance (if I drive a vehicle in connection with a building project); (c) have not been convicted of a felony of any kind; (d) will not use any illegal drugs; and (e) will not bring any illegal drugs to a building project.
By signing this Agreement, I acknowledge that if I am injured or if any property is damaged or lost during my participation, I may be found by a court of law to have waived my right to maintain a lawsuit against AFH on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.