TERMS AND CONDITIONS OF USE

Last Modified: 2/27/23

1. Welcome and Consent to Terms

The Wenner-Gren Foundation for Anthropological Research, Incorporated (“Wenner-Gren”, “we”, “us,” or “our”) is a 501(c)(3) tax-exempt organization dedicated to the advancement of anthropology throughout the world. These Terms and Conditions of Use (“Terms of Use”) apply to the website we operate at www.wennergren.org (“Website”), regardless of media platform (e.g., computer, smartphone, tablet, etc.). Please note that Wenner-Gren may operate other websites, such as at the sapiens.org URL, which have their own terms and conditions of use.

By accessing and/or using our Website, including, without limitation, viewing any materials, applying for grants, or otherwise availing yourself of any content or services made available on our Website, you acknowledge that you have read and agree to abide and be bound by these Terms of Use and consent to the collection and use of data as set forth in our Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please refrain from using the Website.

If you have questions about our Website, please contact us by email at inquiries@wennergren.org, or by mail at our main office at: The Wenner-Gren Foundation, Attn: Website Administrator, 655 Third Avenue, 23rd Floor, New York, NY 10017.

2. Age Restriction and Eligibility
Registering, subscribing, and applying for a grant is restricted to adults 18 years of age and older. By registering, subscribing, applying for a grant, or otherwise participating in services or functions on the Website (other than simply viewing content), you hereby represent that you are an adult, and therefore have the authority to enter into the terms of use herein.

3. Privacy Policy
Our Privacy Policy is part of our Terms of Use. Please review our Privacy Policy to understand how we collect and use your personal information and other information about you in connection with our Website. By consenting to our Terms of Use, you also consent to our Privacy Policy.

4. Wenner-Gren Intellectual Property Rights and Content Sharing
Unless otherwise stated where the content is presented, all content on our Website, including without limitation all articles, papers, blog posts, photographs, images, illustrations, audio clips, and video clips (“W-G Content”) is the sole property of Wenner-Gren and/or its affiliates or licensors, and is protected by relevant intellectual property rights under United States (U.S.) and foreign laws, including without limitation trademark and copyright laws.

Trademarks
The name “Wenner-Gren Foundation”, together with any graphics, and logos used in connection with the Website, are common law or registered trademarks of Wenner-Gren in the U.S. and other countries. Other trademarks and logos used in connection with the Website may be the trademarks of their respective owners. These Terms of Use do not grant you any right or license with respect to any such trademarks. If you are interested in using our trademarks or logos, please contact us at inquiries@wennergren.org.

Content
In consideration of your agreement to these Terms of Use, Wenner-Gren grants you the limited, personal, non-exclusive, non-transferable license set forth below. Wenner-Gren reserves the right to terminate this license at any time, in its sole discretion without prior notice.

• You may use textual W-G Content for personal, non-commercial use and without alteration or modification. You must maintain all copyright and other notices posted along with the W-G Content. Use of photographs, drawings, other images and video content is NOT permitted without our prior written consent as much of this content is owned by our grantees and other third parties.
•  You may reproduce and distribute textual W-G content for non-commercial purposes provided that you credit Wenner-Gren as the source of the content and do not modify or alter the content in any manner.
• You may create a link to W-G Content, so long as the link does not cast Wenner-Gren in a false or misleading light, including suggesting any affiliation or endorsement.

Please note that you may NOT use W-G Content for any other purpose without our prior written consent. For example:

• You may NOT use W-G Content for commercial purposes. (Note that we consider any use related to a revenue-generating activity or that includes advertising to be a “commercial purpose”).
• You may NOT “frame” Website pages, embed W-G Content, otherwise disguise the origin of W-G Content, or use metatags or other “hidden text” that incorporates our trademarks or name.

All use of W-G Content is strictly limited to the terms described above. All copyright and other intellectual property rights not granted above are explicitly reserved by Wenner-Gren on behalf of itself, its affiliates and its licensors. Nothing herein is intended to limit fair use rights under U.S. copyright law. If you have questions about whether your use is permitted or would like to use the W-G Content for a purpose other than explicitly permitted under these Terms of Use, please contact us at inquiries@wennergren.org.

5. Registration, User Accounts and Grant Applications
While some parts of our Website (such as viewing content) are accessible without registration, others may require you to create a “User Account” with a username, password, and such other personal information as we may require to confirm your identity (“Registration Information”).  For example, before applying for a grant, you will need to register with us. If you are applying for a grant from Wenner-Gren on behalf of yourself or another organization, you may be required to provide certain information to Wenner-Gren through an online application, including, but not limited to, a proposal and budget (“Application Information”).

You agree to ensure that your Registration Information and Application Information is accurate and current and to update it in a timely manner.  If you provide (or if we have reasonable grounds to believe you provided) inaccurate or incomplete information, we may suspend or terminate your access, application, or participation in our programs. (By doing so, we do not waive any other rights and remedies allowed by law.)

You agree not to share your username and password with a third party for purposes of transacting on your User Account (except for other authorized individuals at an organization for which you are applying for a grant). You agree to promptly notify us of any unauthorized use of your account or any other breach of security of which you become aware.

6. Third Party Website
The Website may include links to other third party websites (“Third Party Websites”). We have no control over the contents of Third Party Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Websites linked to on the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such Website.

7. Availability of the Website / Termination
The Website is currently offered free of charge, but we reserve the right to charge for certain features of our Website in the future. We may modify, replace, refuse access to, or suspend or discontinue the Website, partially or entirely, in our sole discretion. If you register with us, you may terminate your account with us at any time by contacting us at inquiries@wennergren.org. You agree that Wenner-Gren may, in its sole discretion, limit or terminate your account or access to the Website at any time and for any reason or no reason at all. Wenner-Gren shall have no liability to you or any third party for any such action.

The dispute and governing law provisions, your release and indemnity obligation, our disclaimers and limitation of liabilities, and the Miscellaneous section of these Terms of Use shall survive any such termination.

8. Disputes with Wenner-Gren, Choice of Law and Forum
All matters and disputes relating to or arising from these Terms of Use, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to these Terms of Use shall be settled exclusively in the federal courts of the U.S. or the courts of the State of New York, in each case located in the City of New York, and you consent to such jurisdiction. For international users, you waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. YOU AGREE THAT ANY LEGAL ACTION YOU CHOOSE TO TAKE RELATED TO YOUR USAGE OF OUR WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION UNDERLYING THE ACTION OCCURRED; OTHERWISE, SUCH LEGAL ACTION IS PERMANENTLY BARRED.

9. Release and Indemnification
For good and valuable consideration, the receipt and sufficiency of which you acknowledge by use of the Website, you release and waive any and all claims and/or liability against Wenner-Gren, if any, arising from or in connection with your use of the Website.  You agree to indemnify us, hold us harmless, and at our option, defend us, our affiliates, directors, officers, agents, contractors/licensors, employees, and assignees (collectively, the “W-G Parties”), from and against any and all claims, liabilities, damages, losses and costs (including, without limitation, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations (“Claims”) related to or arising from (a) your use or attempted use of the Website and/or the W-G Content in violation or alleged violation of the Terms of Use; or (b) your violation or alleged violation of any law or infringement of any rights of any third party.

10. Medical Information Disclaimer
Some content on the Website may contain information related to human physiology, diseases, medical conditions, and medical remedies. Such content is offered for informational purpose only, is not and should not be used as medical advice or as a substitute for professional medical advice, diagnosis or treatment.

11. DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM VIRUSES OR OTHER DISRUPTIVE FEATURES, QUALITY OR FITNESS FOR PARTICULAR PURPOSE.

IF YOU ARE DISSATISFIED OR HARMED BY THE WEBSITE, INCLUDING, WITHOUT LIMITATION, USER CONTENT, YOU MAY CLOSE YOUR ACCOUNT IN ACCORDANCE WITH SECTION 7 (“AVAILABILITY OF WEBSITE/TERMINATION”) AND CEASE USING THE WEBSITE. YOU AGREE THAT SUCH TERMINATION OR CESSATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

12. LIMITATION OF LIABILITY
IN NO EVENT WILL W-G PARTIES (AS DEFINED IN SECTION 9) BE LIABLE FOR LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITE LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT IN NO EVENT SHALL THE W-G PARTIES’ LIABILITY TO YOU HEREUNDER BE GREATER THAN THE FEES PAID BY YOU IN THE LAST YEAR (IF ANY) TO WENNER-GREN FOR YOUR USE OF THE WEBSITE (OTHER THAN ANY INDEMNITY OBLIGATIONS).

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THESE WEBSITE AND THEIR CONTENTS AVAILABLE TO YOU FOR FREE OR AT THE PRICE OFFERED.

13. Note to Users Outside of the United States
We operate the Website from the U.S. and may use cloud servers in the U.S. and other countries   If you choose to access the Website from locations outside the U.S., you are responsible for compliance with any local laws.  You may not use or export anything from the Website in violation of US export laws or regulations.

14. MISCELLANEOUS

A. General. These Terms of Use (together with our Privacy Policy) control the relationship between you and Wenner-Gren and represent the entire agreement among us. They do not create any third party rights. If any part of these Terms of Use is unenforceable, that will not affect the other terms. If you do not comply with any of the Terms of Use and we do not take action to enforce them right away, that does not mean that we are giving up our right to take action in the future. All of our rights and obligations under these Terms of Use are freely assignable by us, consistent with any limitation set forth in our Privacy Policy. We may take any actions necessary for us to comply with applicable laws and to enforce our rights hereunder.

B. Modifications to Terms and Condition. We reserve the right to modify these Terms of Use in sole discretion at any time. Any modification to the Terms of Use will be effective immediately upon posting by us. Your continued use of the Website after the posting of such modifications, with or without notification, constitutes binding acceptance of such modified Terms of Use.

C. Contact Information. The Website is operated by Wenner-Gren Foundation for Anthropological Research. Inquiries should be sent to:

The Wenner-Gren Foundation
Attn: Website Administrator
655 Third Avenue, 23rd Floor New York, NY 10017
inquiries@wennergren.org