Effective Date: February 1, 2019
Living Facts is a project of The Pew Charitable Trusts (“Pew”). These Terms and Conditions (“Terms”) govern your use of Living Facts website www.livingfacts.org and any other website or online service that Pew operates and that links to these Terms (collectively, the “Services”).
Please review these Terms carefully before using the Services. We may change these Terms or modify any feature of the Services at any time. The most current version of the Terms can be viewed by clicking on the “Terms and Conditions” link posted on the Services. You accept the Terms by using the Services, and you accept any changes to the Terms by continuing to use the Services after we post the changes.
1. Grant of License. Subject to these Terms and your continued compliance therewith, Pew provides you with a personal, revocable, nonexclusive, nontransferable license to use the Services and the text, graphics, data, information, and other content made available through or from the Services (collectively, “Content”), including without limitation, Content obtained through widgets, RSS feeds, APIs or other similar means. Subject to your compliance with the Terms, the Content may be accessed, printed, displayed, downloaded and distributed for personal, non-exclusive, educational or news reporting uses. You must also provide proper attribution to Pew and/or other specified copyright owner(s) in connection with your use of any Content. Any rights not expressly granted herein are reserved.
You may not use Content in any manner that implies, suggests, or could otherwise be perceived as attributing a political objective, motive or opinion to Pew. You may also not copy, reproduce, create derivatives of, modify, distribute, broadcast, transmit, publish, license, transfer, sell, or otherwise exploit the Content for a fee or for other commercial purposes except pursuant to a separate written agreement with Pew. If you wish to use any Content for any such purpose not permitted by these Terms, please contact Pew at [email protected]. Under no circumstances may the Content be reproduced in principal part, mirrored, catalogued, framed, displayed simultaneously with another site or otherwise republished in its entirety or in principal part without the express written permission of Pew, except to the extent such Content is obtained through a widget, RSS feed, or other similar means.
2. Prohibited Conduct. You may not access or use, or attempt to access or use, the Services to take any action that could harm Pew or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms. We may suspend or terminate your access to the Services for any or no reason at any time without notice.
3. Intellectual Property Rights. All Content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret (for password protected areas), and trademark law, as well as other state, national, and international laws and regulations and is owned by Pew and/or third parties. Except as expressly provided herein, Pew does not grant any express or implied right to you or any other user of the Services. The Services may also include the trade and/or service marks of other parties. Such third-party designations may not be used without the prior written permission of their respective owners.
All rights reserved. Removing or altering the copyright notice on any Content on the Services is prohibited. Other product and company names mentioned in the Services may be the trademarks of their respective owners.
5. Third-Party Sites. The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user’s own risk.
6. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS-FREE, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.
7. INDEMNIFICATION. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PEW AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
8. U.S. Copyright Infringement Claims. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent for notice of copyright infringement claims may be reached by contacting [email protected].
Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
9. Choice of Law and Forum. The Services are primarily intended for use by residents of the United States. If you use the Services from the European Union, these Terms will be governed by and shall be construed in accordance with the law of your home country, and the courts of your home country will have exclusive jurisdiction over any claim or dispute arising out of or relating to the Services. Otherwise, you agree that your access to and use of the Services will be governed by and will be construed in accordance with the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to principles of conflicts of laws. You agree that any claim or dispute arising out of or relating to the Services must be resolved by a federal district court located in Philadelphia, Pennsylvania, unless otherwise agreed upon by all parties.
Any use of geographical names on the Services or in any Pew document or publication does not imply the expression of any opinion whatsoever on the part of Pew concerning the legal status of any country, territory, city or area or of its authorities, or concerning the delimitation of its frontiers or boundaries. Pew takes no position on any sovereignty disputes between states; any reference to states, territories, or places on the Services or in any Pew document or publication is without prejudice to the outcome of any sovereignty disputes, legal disputes, or dispute resolution processes between states.
10. Miscellaneous. These Terms constitute the entire agreement between you and Pew, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.