TERMS OF USE
The Opus Prize Foundation ("we," us" or "our") provides you with access to opusprize.org and other features, applications, emails, content, downloads, surveys, reviews, newsletters, panels, communities or other products or services (collectively, the “site”) subject to the following terms of use. Please read the following terms of use carefully before using the site.
By accessing the site, you agree to be bound by these terms and conditions of use and all applicable laws and regulations, and agree you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
The Opus Prize Foundation may revise these terms of use at any time without notice. By using the site, you agree to be bound by the current version of these terms of use.
Intellectual Property
The site and its related content and services and any derivative works or enhancements (collectively, "site content") and all intellectual property rights are owned by us or our licensors. All trademarks, service marks, trade names and trade dress that appear on the site are owned by us or our licensors. Except for the limited use rights granted in these terms of use, you shall not acquire any right, title or interest in the site or any site content. Any rights not expressly granted in these terms of use are expressly reserved.
Access or Use of the Site
(a) Use of the site and certain site content requires you to be 18 years of age or older.
(b) Whenever you submit information to us, you agree to provide true, accurate and complete information.
(c) We may impose restrictions on your ability to establish an account or register for certain activities (e.g., age limits, limitations on the number of accounts etc.). When registering an account, you may need to select a username ("ID") and password. You are responsible for keeping your ID, password and other account information confidential, and are fully responsible for all activities that occur under your account, whether or not you authorized such activities. You agree to notify us immediately of any breach of security or unauthorized use of your account or ID and password.
Limitation, Suspension or Termination
(a) We may, in our sole discretion, temporarily or permanently change, limit, suspend or terminate your access to the site (including any site content or user content) without prior notice. We may do so based on changes to our business practices (e.g., eliminating a service etc.) if you violate the letter and spirit of these terms of use, or for any other lawful reason. You agree that we are not liable to you or any third party for any such action.
(b) Any limitation, suspension or termination we impose shall not alter your obligations to us under these terms of use. The provisions of these Terms of Use, which by their nature should survive any such action on our part, shall survive.
Use License & Acceptable Use
Permission is granted to temporarily download the materials on the site for personal, non-commercial, transitory viewing only. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate the terms of use, and The Opus Prize Foundation may terminate the license at any time.
Acceptable Use
Under the license to use the site, you may not:
Modify or copy the materials;
Use the materials for any commercial purpose or for any public display (commercial or non-commercial);
Attempt to decompile or reverse engineer any portion of the site;
Remove any copyright, trademark or other proprietary notices or interfere with the security-related features of the site;
Transfer the materials to another person or "mirror" the materials on any other server;
Use the site in an unlawful or fraudulent manner, or for such purposes to collect personally identifiable information or impersonate other users;
Use the site to transmit any data or upload to the site any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
Use the site to send, knowingly receive, upload/post or download any material which does not comply with our content standards;
Use any robot, spider, other automatic device or manual process to monitor or copy our web pages or the content contained on the site or use network-monitoring software to determine architecture or extract usage data from the site; or
Engage in any conduct that restricts or inhibits other users from using or enjoying the site.
Revisions and Errata
The materials appearing on the site may include technical, typographical or photographic errors. The Opus Prize Foundation does not warrant that any of the materials on the site are accurate, complete or current. The Opus Prize Foundation may make changes to the materials contained on the site at any time without notice. The Opus Prize Foundation does not, however, make any commitment to update the materials.
Links
The Opus Prize Foundation has not reviewed all of the sites linked to the site and is not responsible for the content of any such linked site. The inclusion of any link does not imply endorsement by The Opus Prize Foundation. Use of any such linked website is at the user's own risk.
Limits on Our Liability
(a) Under no circumstances shall The Opus Prize Foundation or its officers, directors, employees, partners, successors, suppliers, agents, distribution partners, affiliates, subsidiaries or their related companies be liable for indirect, incidental, special, consequential or exemplary damages (even if The Opus Prize Foundation has been advised of the possibility of such damages), arising out of, relating to or in any way connected with the site or these terms of use.
Your sole remedy for dissatisfaction with the site, including, without limitation, The Opus Prize Foundation content, is to stop using the site. These limitations shall apply to the fullest extent permitted by law.
(b) You agree that any cause of action arising out of, related to or in any way connected with the site or these terms of use must commence within one year after the cause of action occurs. Causes of action brought outside this time period are waived.
(c) In some jurisdictions, limitations of liability are not permitted and, therefore, some of the above limits may not apply in all instances.
Disclaimer of Warranties
(a) The site and its content are provided “as is.” The Opus Prize Foundation makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose or non-infringement of intellectual property or other violation of rights. Further, The Opus Prize Foundation does not warrant or make any representations concerning the accuracy, likely results or reliability of the use of the materials on the site, otherwise relating to such materials or on any sites linked to this site.
(b) Certain state laws do not allow limitations on implied warranties. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply, and you might have additional rights.
Indemnification
You agree to defend, indemnify and hold harmless The Opus Prize Foundation and its officers, directors, employees, partners, successors, agents, distribution partners, affiliates, subsidiaries and their related companies from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys' fees and costs) arising out of or related to: (i) your access to or use of the site; (ii) your user content; (iii) any actual or alleged violation or breach of these terms of use by you; (iv) any actual or alleged breach of any representation, warranty or covenant that you have made to us; or (v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
Governing Law
These terms of use shall be construed in accordance with the laws of the State of Minnesota, without regard to its conflict of laws rules. You consent to jurisdiction in the State of Minnesota.
Other Terms
(a) No waiver of any breach or default under these terms of use shall be deemed a waiver of any preceding or subsequent breach or default. The section headings used in these terms of use are for convenience only and shall not be given any legal import.
(b) Except where specifically stated otherwise, if any part of these terms of use are deemed unlawful or unenforceable for any reason, we both agree that only that part of the terms of use shall be stricken, and the remaining terms shall not be affected and shall remain in force and effect.
(c) You may not assign these terms of use or assign any rights or delegate any obligations hereunder, in whole or in part, without our prior written consent.
(d) These terms of use (including the online privacy policy and any additional terms incorporated by reference) constitute the entire agreement and supersede all previous written or oral agreements between you and The Opus Prize Foundation in connection with the site.
Contact Information
If you have any questions, concerns or comments about our privacy policy you may contact us using the information below:
By email: info@opusprize.org
By phone: +1.612.440.2505
Online Privacy Policy
This privacy policy (the “policy”) tells you how The Opus Prize Foundation uses personal information on its website, opusprize.org. The policy tells you about our practices regarding collection, disclosure, processing, sharingand storage of information that you may provide via this website or through other features, applications, emails, content, downloads, products or services (collectively, the “site”) that are operated by The Opus Prize Foundation.
By using the site, you are accepting the practices described in this policy and the related Terms of Use. These practices may be changed, but any changes will be posted and changes will only apply to activities and information on a going forward, not retroactive basis. You are encouraged to review the policy whenever you visit the site to make sure you understand how personal information you provide will be used.
Note: The privacy practices set forth in this Policy are for this Site only. If you link to other web sites, please review the privacy policies posted at those sites.
Scope
This policy includes any separate privacy notices and/or notices posted on particular pages of the site that may provide more detail regarding personal information we collect, why we need that information and choices you may have about the ways we use that information.
If you sign up to use a special feature of the site, you may be asked to expressly consent to special terms, for example, by checking a box or clicking on a button marked, “I agree.” This separate agreement will supplement or amend this policy, but only with respect to the matters governed by such separate agreement.
If you are located outside of the United States, please note that any personal information collected through this site may be transferred to the United States and other countries that might not provide an equivalent level of protection as the data protection laws in your home country. Your use of this site or submission of any personal information will therefore constitute your consent to the transfer of your personal information outside your home country.
Collection of Information
We receive personal information shared through forms as needed. Except as expressly stated herein, the information you provide is only used to fulfill your specific request, unless you give us permission to use it in another manner. Personal information we collect may include, for example, an individual's name, address, e-mail address and/or phone number. We may also collect a user name, password and other registration information.
We may also collect statistical information that helps us understand how people are using the site. The information collected is not associated with any specific individual and no attempt is made to profile individuals who use the site. The Opus Prize Foundation may analyze server logs for statistical purposes and does not use this information to personally identify users. The Opus Prize Foundation may employ Google Analytics, for example, to analyze how users are utilizing the site.
Disclosure of Information
Disclosure to Third Parties
At times, The Opus Prize Foundation may make certain personal information available to strategic partners or service providers who work with us, or that help us operate the Site. We do not currently share personal information with third parties for their marketing purposes.
Others
It may be necessary by law, legal process, litigation and/or requests from public and governmental authorities within or outside your country of residence for The Opus Prize Foundation to disclose your personal information. We also may disclose information if we determine, for purposes of national security, law enforcement or other issues of public importance, disclosure is necessary or appropriate.
We also may disclose information to government agencies or other third parties if we determine disclosure is reasonably necessary to enforce our terms and conditions, protect our operations or users or assist us in fraud prevention, detection or investigation.
Cookies and Other Technologies
The site may use cookie and tracking technology, depending on the features offered. Cookie and tracking technology is useful for gathering information, such as browser type and operating system, tracking the number of visitors to the site and understanding how visitors use the site. Cookies can also help customize the site for visitors. Information provided via application form or other personal information cannot be collected via cookies and other tracking technology; however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
You can configure your web browser to refuse cookies or notify you when a website attempts to send you a cookie. You can also check your hard drive for cookie files and delete them from your computer. Please note, however, if you turn off cookies, the site may not work as intended and may lose some functionality.
We do not currently collect “targeted” cookies (persistent identifiers tracking users across different sites and services) for purposes of advertising, and it is not our policy to permit third parties to collect them. In addition, we do not currently respond to “Do Not Track” browser signals.
Commitment to Data Security
We maintain reasonable administrative, physical and technological measures to protect the confidentiality, integrity and security of personal information you submit on or through this site. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from the site allow you to opt out of further mailings.
Privacy of Children
The site is a general audience site not designed nor intended to collect personal information from children under the age of 13. We do not knowingly collect personal information from anyone under the age of 13. We do not use such information, and will take reasonable measures to delete it if we discover it is has been provided. The Site is not a child-directed site in whole or in part. The site does not target children under the age of 13 as a primary or secondary audience.
Access
You have the right to access your personal information stored with us to ensure it is accurate, complete and current. Upon request, we will grant you reasonable access, except where the burden or expense of providing access would be disproportionate to the risks to your privacy or where the rights of other persons would be violated. In addition, we will take reasonable steps to correct, amend or delete information you can independently demonstrate is inaccurate or incomplete.
You may withdraw your consent to the collection, use and transfer of your personal information. However, please note, by withdrawing your consent, it may be impossible for us to continue providing you with certain services.
Storage
We retain personal information collected under this policy for as long as there is a business need for it, in accordance with applicable record retention policies and a range of legal and regulatory recordkeeping requirements.
Privacy Contact Information
If you have any questions, concerns or comments about our privacy policy, you may contact us using the information below:
By email: info@opusprize.org
By phone: +1.612.440.2505