Last revised: November 10, 2009
This Policy is the sole authorized statement of KSO’s practices with respect to the online collection of personally identifiable information and the usage of such information. Any summaries of this Policy generated by third party software or otherwise (for example, in connection with the “Platform for Privacy Preferences” or “P3P”) shall have no legal effect, are in no way binding upon KSO, shall not be relied upon in substitute for this Policy, and neither supersede nor modify this Policy.
THE INFORMATION WE GATHER.
KSO gathers two types of information about visitors to our Site:
- (1) Non-personally identifiable information: When visitors access our Site, we collect and aggregate information indicating, among other things, which pages of the Site were visited, the order in which they were visited and which hyperlinks were “clicked.” Collecting such information involves the logging of the IP addresses, operating system and browser software used by each visitor to the Site. Although such information is not personally identifiable, it may be possible to determine from an IP address a visitor’s Internet Service Provider and the geographic location of the point of connectivity.
We may also use “cookies” — that is, small text files placed on a visitor’s computer hard drive — to help us determine the type of content and sites to which a visitor to the Site links, the length of time each visitor spends at any particular area of the Site and the KSO content or services the visitor chose to use. Cookies also tell us which advertising, if any, a visitor has seen on our Site. Essentially, cookies are a visitor’s identification card for the KSO computers, or servers, that placed them there. Cookies are only read by the server that placed them, and are unable to execute any code or virus. Cookies allow KSO to serve you better and more efficiently and to personalize your experience at the Site. Nevertheless, you should be able to control how and whether cookies will be accepted by your web browser. For more information on how to do so, please refer to the documentation accompanying your browser.
- (2) Personally identifiable information: You do not have to provide personally identifiable information to use the Site. However, particular services made available through the Site may require us to collect personally identifiable information from you. We collect such personally identifiable information only when you affirmatively provide it to us — for example, when submitting an inquiry form, registration form or comments to the Site. You may be asked to provide your contact information (including, for example, first name, surname, street address, email address, ZIP code and/or telephone number) and, when applicable, credit card information, in connection with your use of a credit card should you wish to make a donation to KSO in support of its activities. In each such case, you will know what categories of information we collect because you will actively provide the information to us.
We do not knowingly collect personally identifiable information from children (defined herein as minors younger than thirteen years of age) without first obtaining parental consent.
KSO does not control the acts of its visitors. Each visitor should be aware that, when personally identifiable information is disclosed in a bulletin board, chat room, guestbook or other forum, the information may be collected and used by others to send that person unsolicited email from other parties outside of KSO. In the event that you encounter any user who is improperly collecting or using information about you or other users, please e-mail us using our Contact e-mail address.
HOW WE USE (AND DO NOT USE) THE INFORMATION WE GATHER.
Please take some time to familiarize yourself with the different ways KSO may use the information that it gathers. Keep in mind that, while KSO encourages all third parties involved, including, but not limited to, its affiliates, co-hosts and/or advertisers, to adhere to our policies regarding the privacy of our visitors and to otherwise handle personal information in a responsible manner, we cannot and do not assume any responsibility for any actions or omissions of third parties, including the manner in which they use information received either from KSO or independently.
- (1) Non-personally identifiable information: KSO uses non-personally identifiable information in aggregate form to build higher quality, more useful online services by performing statistical analyses of the collective characteristics and behavior of our visitors, and by measuring demographics and interests regarding specific areas of the Site. We may provide statistical information based on this data to advertisers, affiliates and other current and potential partners. We may also use the aggregate data to inform these third parties as to the number of people who have seen and clicked on links to their web sites.
The Site contains links to other Internet web sites, including co-branded or other affiliated sites which may or may not be owned or operated by KSO. Unless otherwise explicitly stated, we are not responsible for the privacy practices or the content of such web sites, including such sites’ use of any information (such as IP number, browser type or operating system) collected when visitors to the Site click through links to those sites. Even though such information might not identify you personally, we strongly encourage you to become familiar with the privacy practices of those sites.
- (2) Personally identifiable information: By completing and submitting any event registration form on this web site, you consent to share such information with KSO and the institution(s) hosting or co-hosting the event. You may “opt out” of the registration process if you wish, by simply not submitting a registration form, which will prevent you from receiving communications or promotional materials from KSO and/or its affiliates, co-hosts, advertisers or other partners. We will not release your credit card information to third parties unless necessary to complete a transaction between you and such a third party. If you decide that you would like to discontinue receiving promotional information from such third parties, please contact those third parties directly.
KSO limits its own e-mail solicitations to those visitors who have not “opted out” of receiving such communications. The solicitations are limited in that they, among other things, clearly indicate the originator of the e-mail and provide the visitors with a method of “opting out” of receiving future communications of a similar nature.
If you contact us by email through the Site, we may keep a record of your contact information and correspondence, and reserve the right to use your email address, and any information you provide in your message, to respond thereto. In addition, from time to time we may email important information regarding the use of the Site or services to visitors who have provided us with their email addresses. Because this information may be important to your use of the Site, “opt out” of receiving these emails will result in the deletion of your account for the Site.
KSO works with third parties who provide services that may include, but are not necessarily limited to, website hosting, data analysis and email services. We reserve the right to share personally identifiable information with such third parties for the purpose of providing such services, and will seek to impose confidentiality obligations on such service providers.
If and when KSO sponsors promotions or sweepstakes, or third parties sponsor promotions or sweepstakes in conjunction with KSO, either KSO or the third party will post relevant privacy information in the official rules and/or registration area for the promotion or sweepstakes. That privacy information, to the extent it conflicts with this Policy, will govern that particular promotion or sweepstakes.
KSO has security measures in place to protect against the loss, misuse, and alteration of visitor information which is under our control. Unfortunately, no security system, or system of transmitting data over the Internet, is guaranteed to be 100% secure. As a result of the foregoing, while we strive to protect your personally identifiable information, we cannot guarantee the security of our servers, the means by which information is transmitted between your computer and KSO’s servers, or any information provided to us or to any third party through or in connection with the Site. You provide all such information at your own risk.
CHANGING OR DELETING PERSONAL INFORMATION.
If you would like to have your personally identifiable information changed or removed from KSO’s database, please contact us, and we will use reasonable efforts to comply with your request. Keep in mind, however, that there will be residual information that will remain within KSO databases, access logs and other records, which may or may not contain such personally identifiable information. The residual information will not be used for commercial purposes; however, KSO reserves the right, from time to time, to re-contact former visitors to the Site.
KSO reserves the right to transfer any and all information that we collect from visitors, or that we otherwise collect concerning the Site, to a third party in the event of a sale or transfer of assets or of any portion of our business.
OFFLINE VS. ONLINE PRACTICES.
Please note that this Policy applies solely to our online information-gathering and dissemination practices in connection with the Site, and does not apply to any of our practices conducted offline, with the following exception: KSO may merge information collected about you through offline means, such as event evaluation and survey forms that you return to us, with data about you that is stored in our databases.
The Site and this Policy, © 2010, Kyoto Symposium Organization, 501(c)3. All rights reserved.
Last Revised: November 10, 2009
This Agreement applies to the following websites and all services available on such websites: www.kyotoprize.com,www.kyotoprize.org (collectively, the “Site”). In addition, when using particular services provided through the Site, you are bound by any additional posted guidelines, rules, terms and conditions applicable to such services. All such guidelines, rules, terms and conditions are hereby incorporated by reference into this Agreement.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site; or
- Change any fees or charges for use of the Site.
We reserve the right to change this Agreement from time to time by posting a revised version on the Site. Any changes we make will be effective immediately upon posting. Your continued use of the Site following such changes shall be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. You can determine when this Agreement was last revised by checking the “Last revised” legend at the top of the Agreement.
The Site is intended solely for users who are thirteen (13) years of age or older, and any registration, use or access to the Site by anyone under 13 is unauthorized, unlicensed, and in violation of this Agreement. Organization may terminate your account, delete any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site (or any portion, aspect or feature thereof) for any reason, at any time in its sole discretion, with or without notice, including without limitation if it believes that you are under 13. If you are under 18 years of age you may use the Site only if you either are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
The information and materials provided through the Site, including any data, text, graphics, images, audio and video clips, logos, icons, software and links (collectively, the “Materials”), are intended to educate and inform you about the Organization and our goals. Unless otherwise specified on the Site, you may download Materials displayed on the Site and may use the downloaded Materials solely for your personal, non-commercial use. You must retain all copyright and other proprietary notices on downloaded and copied Materials, and any such downloads or copies are subject to the terms and conditions of this Agreement. Further, the Materials remain the property of Organization. Use or downloading of Materials is conditioned on acceptance of the terms and conditions of any license agreements relating to such Materials, including agreements of third parties. By acquiring or using Materials, you are bound by such terms and conditions. You may not download, copy or use any of the Materials except as expressly authorized by this Agreement and, in any event, you may not distribute, modify, transmit or publicly display the Materials without the written consent of Organization.
Some areas of the Site may require you to register to use certain services. When and if you register, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address); and (b) maintain and update your information (including your email address) to keep it accurate, current and complete, as applicable. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate this Agreement and your use of the Site.
By providing us your email address you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail, except as otherwise required by mandatory provisions of applicable law that cannot be contractually derogated from. We may also use your email address to send you other messages, such as newsletters or changes to features of the Site. If you do not want to receive such email messages, you may opt out by taking the unsubscribe steps outlined in the email itself. Opting out may prevent you from receiving email messages regarding updates or improvements.
4. CODE OF CONDUCT.
While using the Site and Materials, you agree not to:
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- Use the Site or Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us),
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site;
- Remove any copyright, trademark or other proprietary rights notices contained in the Site or Materials;
- “Frame” or “mirror” any part of the Site without our prior written authorization;
- Use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
- Harvest or collect information about Site visitors without their express consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules and regulations.
5. INFORMATION PROVIDED BY ORGANIZATION.
In addition, portions of the Materials may have been contributed to the Site by third parties, including various industry specialists and service providers. The inclusion of such information does not indicate any approval or endorsement of such third parties, and Organization expressly disclaims any liability with respect to the foregoing.
6. SUBMISSIONS AND POSTINGS..
Please note that, because we and our designees host message boards and other forums found on the Site (collectively, the “Forums”) and, therefore, redistribute materials you give to us, we require certain rights in those materials. Accordingly, by sending or transmitting to us creative suggestions, ideas, notes, concepts, information or other materials (collectively, “Submissions”), or by posting such Submissions to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Submissions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you, the provider of the Submissions. None of the Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any Submissions.
The Site contains links to other Internet web sites, including affiliated web sites, which may or may not be owned or operated by Organization.
8. OWNERSHIP AND RESTRICTIONS ON USE.
The Site is owned and operated by Organization in conjunction with others pursuant to contractual arrangements and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of Organization and its licensors and suppliers. The Materials and the selection, compilation, collection, arrangement and assembly thereof are protected by copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Site in any way without our prior written permission. The Materials may be used solely to the extent necessary for your authorized use of the Site as provided in this Agreement or as expressly authorized in writing by Organization or, if so indicated in writing by Organization. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
If you download software from the Site, such software is licensed on a limited basis to you by us or the owner of such software. Title to the software is not transferred to you. You may own the medium on which you record the software, but we retain all right, title and interest in and to the software and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the software to a human-perceivable form, or transfer the software to any third party.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Organization. The Trademarks owned by Organization whether registered or unregistered, may not be used in connection with any product or service that is not Organization, in any manner that is likely to cause confusion with customers, or in any manner that disparages Organization. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Organization. Misuse of any Trademarks is prohibited, and Organization will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
9. JURISDICTIONAL ISSUES.
We make no representation that Materials available on or through the Site are appropriate or available for use in any particular location. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. The software is further subject to U.S. export controls. No software may be downloaded or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria or any other country to which the U.S. has embargoed goods; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
We reserve the right to limit the availability of the Site and/or the provision of any service, program, film or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program, film or other product that we provide.
10. RULES FOR SWEEPSTAKES, GAMES AND CONTESTS.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
THE SITE, THE MATERIALS ON THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ORGANIZATION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. ORGANIZATION AND ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE, THE SERVER(S) ON WHICH THE SITE IS HOSTED OR THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF ORGANIZATION OR ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AGENTS, MEMBERS OR VISITORS, WHETHER MADE ON THE SITE, IN THE MATERIALS OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
13. LIMITATION OF LIABILITY.
NEITHER ORGANIZATION NOR ANY OF OUR AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS, OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO ORGANIZATION FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU TO ORGANIZATION, IF ANY, TO ACCESS THE SITE.
You agree to indemnify, defend and hold Organization harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any Submissions or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.
Notices. Notices by you to us hereunder shall be invalid unless made in writing (fax or signed document) to the fax number or mailing address listed on the Site. Notices by us to you may be made in any manner we deem appropriate in our sole discretion.
Assignment and Delegation. You must not transfer your account or assign any of your rights or delegate any of your duties under this Agreement without our prior written approval. We may freely transfer, assign or delegate this Agreement or our rights and duties under this Agreement. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties and their respective representatives, heirs, administrators, successors and permitted assigns.
Severability. If and to the extent any provision of this Agreement is held illegal, invalid, or unenforceable in whole or in part under applicable law, such provision or such portion thereof shall be ineffective as to the jurisdiction in which it is illegal, invalid or unenforceable to the extent of its illegality, invalidity or unenforceability, and shall be deemed modified to the extent necessary to conform to applicable law so as to give it the maximum effect intended. The illegality, invalidity or unenforceability of such provision in a particular jurisdiction shall not in any way affect the legality, validity or enforceability of such provision in any other jurisdiction or of any other provision in any jurisdiction
No Waiver. Our failure or delay to exercise or enforce any right or claim does not constitute a waiver of such right or claim and shall in no way affect our right to later enforce or exercise it.
Headings. The headings used in this Agreement are intended for convenience of reference only and in no way define, limit or describe the scope or substance of any of its provisions.
Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. You consent to the jurisdiction of the state and federal courts serving San Diego County, California, for any and all disputes arising under or in connection with this Agreement.
The Site is provided by Kyoto Symposium Organization. If you have any questions, comments or complaints regarding this Agreement or the Site, feel free to contact us at email@example.com.
The Site and this Agreement, © 2010 Kyoto Symposium Organization. All rights reserved.