Philoptima

Terms & Conditions

Terms of Use & Conditions
 of the Philoptima llc, Website
NOTICE: If you do not agree to these terms of use and conditions, do not use this website in any manner.
Terms of Use & Conditions Agreement
Philoptima uses this website to make available a great deal of information in the form of documents, downloads, communications, files, text, graphics, publications, content, tools, forums, resources, trademarks, and services. These media forms are used to convey information, concepts, ideas, details, formulae, data, and other important content of a protected status containing or associated with real and/or intrinsic intellectual property rights of Philoptima or other users of this site. Please read this Terms of Use Agreement (Agreement) carefully before using this website. By accessing or browsing this website and/or by using information taken from this website in any way, you agree to abide by this Terms of Use Agreement and you agree to be bound by its stated terms and conditions. The Terms of Use Agreement is entered into by and between Philoptima, llc, and you and/or your employer if you are using the website on behalf of your employer.
If you are using the website on behalf of your employer, you represent that you are authorized to accept these Terms of Use and to enter into this Agreement on your employer’s behalf. Philoptima reserves the sole right and discretion to change, modify, update, add, delete, improve, correct, or amend portions of this website and/or this Agreement at any time without notice and your continued use of this website after we post changes to the site or to this Agreement means that you accept those changes. You understand that all submitted materials whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such materials originated. This means that you (and not Philoptima) are entirely responsible for all submitted material that you upload, post, provide, input, submit, or otherwise transmit via this website. Philoptima does not control the submissions from visitors to or users of this site and does not guarantee the accuracy, integrity, or quality of such submissions. You further understand for these same reasons that you may be exposed to submissions you find offensive, indecent, objectionable, inaccurate, incorrect, or uninformed and you will not hold us responsible for these submissions from third-parties beyond our control.
Privacy Policy
We at Philoptima, llc., and Philoptima Resources, Inc., (“We”) value your privacy. Prize makers, donors, members of the Faculty, and participating nonprofit organizations (collectively the “Customer”) have a right to expect information to be reasonably protected. Therefore:
1) We will not keep sensitive Customer information (credit card numbers, Social Security numbers, financial records, etc.) on file for more than 60 days.
2) We will not send Customer email solicitations unless the solicitation was accepted by the Customer at checkout, or after a double opt-in process. We also agree to have a simple “unsubscribe” option and instructions available to all Customers as part of every email.
If you have any questions or concerns or discover any infractions of this policy, please contact us immediately at privacypolicy@philoptima.org.
Use of Content
All content and materials, trademarks, service marks, trade names, and logos contained in the website are the copyrighted property of Philoptima, llc, its subsidiaries, affiliated companies and/or users, advertisors, or licensors. These materials are for your personal and non-commercial use and you may not copy, distribute, modify, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the website without the express, written permission of an officer of Philoptima, llc.
As long as you use the information and materials obtained from this website for your personal, non-commercial purposes, and you do not modify any of this material, you are permitted to view, copy, print, and distribute publications and documents, FAQs, data sheets, press releases, white papers, etc. In doing so, you agree to not separate graphics from their accompanying text and to not quote materials out of context. You agree to indicate our copyright and other proprietary notices on any and every copy of our material you make.
You also agree and understand that Philoptima may unilaterally and without notice revoke this permission and you will immediately stop using any material or concepts taken from this website. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Philoptima will prosecute violators to the maximum extent of the law.
This permission does not apply to the Philoptima website itself; you may not copy the design elements, look and feel, or layout of this website.
Lack of Suitability of Content for Specific Purposes
Except as expressly provided herein, Philoptima, llc, and/or its users or suppliers make no representations about the suitability of the information contained in the documents and publications and related graphics published in this website for any purpose except as expressly provided. All such documents and related material are provided without warranty of any kind as to fitness for any particular purpose and any such warranties, assurances, or guarantees, whether express, statutory, or implied, are herewith disclaimed.
In no event will Philoptima, its officers, agents, or employees, be liable for any special, indirect, or consequential damages from the use of information from this website or for any damages resulting from the loss of use, data, or profits whether by action of contract, negligence, or other tortuous action arising herefrom.
>You acknowledge that Philoptima does not pre-screen submitted materials but that we do have the right (but not the obligation) in our sole discretion to block or restrict access to or to disable any submissions from you that we deem inappropriate for any reason or that we believe violate these Terms & Conditions.
Disclaimers, Notices, and Security
We do not warrant or ensure any materials on this website except as expressly provided. All information and materials are provided “as is” and we disclaim any warranties, implied or express as to merchantability or fitness for a particular purpose, non-infringement, quiet enjoyment, or title. Except as expressly provided otherwise, you, the browser, visitor, and user, assume all risks concerning the suitability and accuracy of the information with the website, materials, publications, documents, and graphics. We are not responsible for inaccuracies, omissions, or errors in the website, materials, publications and documents and in any other form of reference.
The Philoptima website contains links to third-party websites whch are not under our control and we are not responsible for the contents or advisory or political positions taken by these third-parties. We are not responsible for webcasting or any other form of transmission received from any linked site. We provide these links to you only as a convenience and the inclusion of links does not mean we endorse any material, information, or conclusions offered on these third-party sites.
Your Account
Philoptima and you agree that you will provide complete, true, current, accurate information as prompted by the registration form on this site if you wish to join, apply, or become a member of programs on this site. You also agree to maintain and update the account information on this site as and if your circumstances change. You are entirely responsible for maintaining the confidentiality of your password and account material. You are also solely responsible for the activities that occur under your account. You agree to notify Philoptima of any unauthorized use of your account or of any breach of your security or password. Philoptima is not responsible for any damage or loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for losses incurred by Philoptima or another party due to misuse of your account or password. You may not use someone else’s account at any time without the express approval of the account holder.
You acknowledge and agree that certain services may provide password-restricted access to customer information such as names and certain terms of your contracts. By using this website and registering for such services, you consent to Philoptima’s display of such information via the website and accept all risks of unauthorized access to such information. If you provide information that is false, inaccurate, out of date, or incomplete or Philoptima has reasonable grounds to suspect that such information is false, inaccurate, not current, or incomplete, Philoptima may suspend or terminate your account and refuse any and all current or future use of the services or any portion thereof. You agree to be responsible for all costs and charges including without limitation, phone charges and telecommunications equipment costs, that you incur in order to use this website.
The Philoptima prize model is dependent upon fee income from interest earnings on prize deposits held in trust for prize makers, grant makers, donors, individuals, or companies funding a prize and from fees derived from accepted solutions to problems posted by the prize funder. Philoptima is free in its sole discretion to cancel access by a prize maker to and use of this site if it suspects or concludes that you have posted three or more prizes in any twelve month time period for which you have not accepted any of the solutions offered by researchers or the Philoptima Faculty whether or not you have requested a return of the prize deposit. Philoptima may also at its sole discretion cancel access by a nonprofit organization, researcher, applicant, or faculty member if it suspects or concludes that the prize process or materials are being misused under the terms of this Agreement.
No Unlawful or Prohibited Use of this Website
You agree, by using this site, that you will not use it for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner, whether intentional or accidental, that could damage, disable, overburden, or impair any Philoptima or web-hosting server, network, computer, or communication device or software. You may not interfere in the use of the website by any other user or account holder. You agree that you will not attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Philoptima server or to the website, through hacking, password mining, or any other means. You may not gain access to any other information or materials through the Philoptima website by any means not intentionally designed for such access.
Use of Add-ons and Imbedded Services
The Philoptima website contains e-mail services, bulleting board services, chat areas, news groups, forums, communities, personal web pages, calendars, photos and photo albums, pay forms and payment transfer agents, credit card payment structures, advertising, and other services imbedded on this website for your use. You agree to use these add-ons and imbedded services as intended and to protect, indemnify and hold harmless any service contractor of Philoptima imbedded on this site damaged in any way by your use of this site.
Material Provided to Philoptima or Posted to This Website
Except as relates to the Philo-Buzz section of this site separately described herein, Philoptima does not claim ownership of the material you provide or submit to this website. By submitting material to this site, you are, however, granting Philoptima, and any necessary advisors, technicians, scientists, judges, or sub-licensees selected solely by Philoptima permission to use your submitted material and concepts in connection with the operation of the Problem/Prize/Solution process made the basis of this site. This permission includes, without limitation, the right to: copy, distribute, transmit, display, perform, test, reproduce, edit, modify, translate, and reformat your submission material as part of the Problem/Prize/Solution process.
You agree that your responses to Philo-Buzz (or any other web log on this site) are not confidential and are the sole property of Philoptima starting from the moment you submit your comments through one of our blogs regardless of the similarity to or difference from any material that you separately submit in competition for Prizes on this site outside of our blog(s). Philoptima is free to quote, copy, publish, delete, or modify your submissions to Philo-Buzz the same as if Philoptima originally created the input with or without attribution.
Compensation
No compensation will be paid to you for the use of your submission material, concepts, ideas, data, images, graphics, or other forms. Philoptima is under no obligation to post, use, present to Prize makers, or use any material that you submit and Philoptima may remove any submission material at any time in its sole discretion.
Your Warranty to Philoptima
By submitting material to Philoptima you warrant and represent that you own or otherwise control all of the rights to your submitted material including the right to submit, upload, post, provide or input the material and related intellectual concepts and trademarked terms, logos, images, etc to Philoptima. With specific respect to images, graphics, drawings, photographs, pictures, artwork, or visual designs, you warrant and represent that you are the copyright owner of such images or that the owner of such images has granted you permission to use such images and any content associated with the images in question. You also warrant that each person depicted in any submission material from you has provided you with consent to the use of the image including for public display, distribution, and reproduction of such images and you give Philoptima permission to use any and all such material in the Problem/Prize/Solution process and to post such material publicly in the event your submission material is the basis for winning a Prize or award. As a winning Prize or award, you authorize Philoptima to use any such material in the form of a world-wide, royalty free license to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your images and submitted material without having your name attached to such material. No compensation will be paid to you for the use of your material or images.
Spam, E-mail, and Postings
Philoptima would be irreparably harmed by the use of this website or associated electronic facilities in connection with the transmission of spam, news group postings, or large volume unsolicited email in violation of this Agreement; you agree that we are entitled to injunctive relief against any such transmissions. In addition to any and all remedies available in law or in equity, Philoptima reserves the right to block, filter, or delete unsolicited email at its sole discretion.
Indemnity
As a user, visitor, browser, member, or linkster, you agree to indemnify, defend, and hold harmless Philoptima and its officers, licensees, agents, advertisers, co-branders, partners, owners, or employees from any claim, demand, or judgement including reasonable attorney’s fees, made by any third party arising from your use of the site or submission of materials including any use by your employees, your connection to the website, your violation of this Agreement, or your violation of the rights of another party.
Advertisements and Promotions
Philoptima earns income from our association with persons and organizations interested in advertising on this site. The selection of the advertiser and the manner, mode and extent of advertising by Philoptima is subject to change at the sole discretion of Philoptima. Your dealings with advertisers other than Philoptima on this website for payment and delivery of goods or services and any terms, conditions, warranties, or representations associated with these third parties is solely between you and they. We are not responsible or liable for any loss, theft, misrepresentation, damage, or wrongful use of your personal information supplied by you to them. The presence of advertisers, linksters, or other parties on this site does not mean Philoptima warrants their products or services or endorses them in any way as a representation to you.
Entire Agreement
This is the entire Agreement between you and Philoptima regarding the use of this website and supersedes any former agreements on the subject including prior versions of this Agreement. In the event of any contradiction between this Agreement and earlier versions, the version in place and accepted by you at the time that you submitted materials in response to a posted Prize will govern. You will be subject to additional terms if you have joined this site for Alerts, as an applicant or member of the Philoptima Faculty, as an applicant or member of the Nonprofit Implementation Team, as a Prize maker, or as an advertiser.
Applicable Competent Jurisdiction
Philoptima operates from its headquarters in New Orleans, Louisiana, USA and makes no representation that this website is appropriate or even available in other locations. Whether in the USA or in other locations, you are responsible for compliance with applicable local, state, and national laws. You understand and agree that the competent legal jurisdiction for origination, interpretation, or application of the terms of this Agreement will be under the laws of the state of Louisiana, USA.
Non-Waiver by Inaction or Failure to Act; Non-severability; Proscription
The failure of Philoptima to enforce the provisions of this Agreement or to exercise any right or privilege under law or in equity does not constitute a waiver of such right, privilege, or provision. If a court of competent jurisdiction declares any provision of this Agreement to be invalid, you and Philoptima agree nevertheless that the court should endeavor to give effect to the intentions of the parties as reflected in the offending provision and all other provisions of this Agreement will remain in full force and effect. You understand and agree that, regardless of any regulation, statute, or law to the contrary, you have no more than 365 days from the date of any actionable event related to the use of this website or this Agreement to file any claim or action in a court of competent jurisdiction, or be forever barred. The section titles and headings in this Agreement are for convenience only and have no legal or contractual effect.

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