TERMS OF USE

OBJECTIVIST VENTURE FUND SITE

TERMS OF SERVICE

The Objectivist Venture Fund (“OVF,” “we,” “us,” “our,” website (“Site”) is available subject to your acceptance of these Terms of Service (“Terms”). These Terms outline the legal relationship between you and AVF regarding your use of the Site. Please read the following information carefully.

BY CONTINUING TO USE THE SITE AND RELATED SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, PLEASE EXIT THIS SITE.

PURPOSE AND USE OF THIS SITE

The AVF Site aims to assist AVF with collecting information in order that it may fund worthy projects designed to effectively promote the spread of Objectivism, the philosophy of Ayn Rand.

You may use our Site and the Site’s content (“Content”) Content only if you comply with these Terms and all relevant laws.  Use of this Site is subject to the following restrictions.

Website Usage

This Site is directed to individuals and entities located within the United States and certain international regions. You represent and warrant that you are not accessing this Site from an embargoed country. This Site is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship, or otherwise) the publication or availability of the Site and its Content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. Any such persons are NOT authorized to access or use any of the information on this Site.

This Site is not directed at, or available for use by, any individual under the age of thirteen. By using and/or signing up on our Site, you warrant that you are thirteen years of age or older. If you are under the age of thirteen, please leave this Site immediately.

PROHIBITED USES

You are prohibited from:

  • Submitting a proposal using a name of another person with the intent to impersonate that person;

or

  • Submitting a proposal that we, in our sole discretion, deem inappropriate or offensive, or runs counter to the philosophy of Ayn Rand.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for disqualification of your proposal, at our sole discretion, and you may be reported to appropriate law enforcement agencies.

AVF does not require visitors to register or provide information in order to view the general content of our site. However, by using our Site, with or without registration, you are subject to the Terms of this agreement.

Our License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Site. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Site provided by AVF, in the manner permitted by these Terms.

USER CONTENT

AVF collects certain information voluntarily provided by users (“User Content”). User Content may include, but is not limited to, any information, including personally identifiable information, that you provide to us voluntarily. Personally identifiable information (PII) includes, but is not limited to, first and last name, date of birth, address, email, telephone number, education and employment.

Collection of User Content may occur when you respond to a request for information or otherwise communicate with AVF. The exact nature of the information you submit may vary depending on the type of response or service requested. We only collect information necessary to provide a requested service or respond to an inquiry.

The User Content we collect is used solely by AVF. We do not share, trade, or sell any collected information to third parties. By using our Site, you consent to the collection and use of your User Content for the purposes specified in the Objectivist Venture Fund’s Privacy Policy.

You are solely responsible for any User Content you provide to AVF and for any consequences thereof. You represent that you have the right to provide any and all User Content so provided, and that such User Content, or its use by us as contemplated by these Terms, does not violate these Terms or applicable law. You agree to provide accurate, current, complete, and timely-updated User Content. You agree that we may rely on your User Content as accurate, current, and complete. You acknowledge that if your User Content is untrue, inaccurate, outdated or incomplete in any respect, we have the right to consider it a breach of these Terms and suspend or terminate your access to our Site.

By submitting User Content, you grant AVF a worldwide, non-exclusive, transferable, sub-licensable, perpetual, royalty-free license to use any User Content that you post on or in connection with the Site. Aside from the rights specifically granted herein, you retain ownership of all rights in the User Content that you submit to the Site, except that, where applicable under local country law, you agree to waive your right to be identified as the author of any User Content you submit.

USER SAFETY AND CONDUCT

AVF is concerned with the safety and well-being of our users. As a condition of your use of this Site, you agree to all of the following:

  • You acknowledge that your use of the Site is for personal use only. You agree that you will not use the Site or Contents for any commercial purposes.
  • You will not use our Site to harass, threaten, impersonate or intimidate another person, including other users.
  • You will not misrepresent your identity or affiliation with us or any other person or entity when using our Site.
  • You will not provide, submit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • You will not provide, submit, or otherwise make available, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation. Inquiries regarding a commercial advertising relationship with AVF should be directed to webmaster@objectivist-venture-fund.com.
  • You will not violate any local laws in your jurisdiction pertaining to your use of the Site (including, but not limited to, intellectual property laws).
  • You will not use our Site for any illegal or unauthorized purpose.
  • You will not access, “hack,” alter, or otherwise use, any part of the Site in any unauthorized manner.
  • You will not utilize any bugs, robots, or other technological device, to access, extract, or export any data or information contained on the Site, and your use of the AVF Site will comply with all applicable laws, rules, and regulations that govern the export of technical data.

WARRANTY DISCLAIMER

ALTHOUGH AVF ATTEMPTS TO ENSURE THE INTEGRITY AND ACCURATENESS OF THE SITE, IT MAKES NO GUARANTEES WHATSOEVER AS TO THE CORRECTNESS OR ACCURACY OF THE SITE. OUR SITE OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES AND HYPERLINKED SITES.

AVF, ITS AFFILIATES, AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED SITES, IS TO STOP USING THE SITE AND/OR THOSE SERVICES.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless AVF, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms.

INTELLECTUAL PROPERTY

This Site, and its materials, organization, and layout, are protected by federal and international copyright and treaty laws. All pages within, and Content made available to you from, this Site are the intellectual property of the Objectivist Venture Fund and its affiliates, unless otherwise noted. “AVF” is the service mark of Objectivist Venture Fund.

USE OF SITE CONTENT

The commercial use, reproduction, republication, licensing, transmission, copying, display, modification, or distribution of any information, images, software, or other Content available through this Site, without the prior, express written consent of AVF, is strictly prohibited.

You may view, use, copy, and download small portions of the Site Content (including, without limitation, text, graphics, and software) solely for your personal, non-commercial use. You shall keep intact any proprietary notices, including copyright notices and management information, contained on any materials, and shall comply with any applicable end-user license agreements.

You may not create derivative works from, links to, or frames in, another website, or use on any other website any part of this Site, including Site Content. You may not store, modify, reproduce, transmit, reverse-engineer, or distribute a significant portion of, the Site Content, or the design, layout, or individual sections of this Site, in any form or medium. The systematic retrieval of data from the Site is also prohibited.

No right, title, or interest in any of the materials contained on this Site is transferred to you as a result of accessing, downloading, or printing such Content.

DMCA COPYRIGHT POLICY

  1. Notice.

If you are a copyright owner or an agent thereof and believe that any User Content infringes your copyrights, you may, pursuant to the Digital Millennium Copyright Act (“DMCA”), notify our Copyright Agent by providing the following information in writing (see 17 U.S.C § 512(c)(3)):

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing, or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
  • Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an email;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You acknowledge that a failure to comply with all of the above requirements will result in an invalid notification.

  1. Counter-Notice.

If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the requisite authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to submit the User Content, you may send a counter-notice containing the following information:

  • Your physical or electronic signature;
  • Identification of the User Content that was removed or to which access has been disabled, and the location at which the User Content appeared before it was removed or disabled;
  • A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or a misidentification of the User Content; and
  • Your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Copyright Agent, AVF may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content, or cease disabling it, in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed User Content may be replaced, or access to it restored, in ten (10) to fourteen (14) business days or more, after receipt of the counter-notice, at AVF’s sole discretion.

NO PROFESSIONAL ADVICE

The information available on the Site is intended to be a general information resource regarding the matters covered and is not tailored to your specific circumstance. You should not construe this as legal, accounting, or other professional advice. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS, AND ADVICE AVAILABLE ON THIS SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL, OR OTHER ADVISOR, AS APPROPRIATE.


 

LIMITATION OF LIABILITY

a.   Limitation of Damages.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OBJECTIVIST VENTURE FUND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (III) ANY CONTENT OBTAINED FROM THE SERVICE; OR (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR USER TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OBJECTIVIST VENTURE FUND EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID OBJECTIVIST VENTURE FUND, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT OBJECTIVIST VENTURE FUND HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. Any action and/or demand for arbitration on any claim against AVF must be brought (by the user/claimant) within one (1) year following the date the claim first accrued, or shall be deemed waived.

  1. Release of Liability.

AVF, using our sole discretion, may take any action with respect to User Content that we deem necessary or appropriate, especially if we believe that such User Content could create liability for AVF, damage AVF’s brand or public image, or cause AVF to lose, in whole or in part, the services of its ISPs or other suppliers.

While AVF reserves the right to remove User Content and other material, AVF does not assume any obligation to do so and disclaims any liability for failing to take any such action. AVF also has no control over the accuracy, reliability, completeness, or timeliness of User Content and makes no representations about such User Content. Under no circumstances will AVF be liable for any User Content, including, but not limited to, any errors or omissions in any User Content, or any loss or damage of any kind incurred as a result of the use of any User Content submitted, posted, displayed, or otherwise made available, on the Site or broadcast elsewhere.

While AVF complies with the strict privacy procedures outlined in the AVF Privacy Policy, we expect you to use caution and common sense when using our Site and to recognize the risks involved with submitting sensitive content, especially personally identifiable information.

If you are a California resident, you agree to waive California Civil Code Section 1542, which states:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

Understand that AVF will be relieved of all liability arising from unknown or unsuspected claims. Since we do not and cannot be involved in dealings between users or control the behavior of users outside the Site, in the event that you have a dispute with one or more users or non-users regarding use of the Site, you release AVF (and our agents and employees) from claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

AVF cannot guarantee and does not promise any specific results from use of the Site. No advice or information, whether oral or written, obtained by a user from AVF shall create any warranty not expressly stated herein.

ARBITRATION

Except as regarding any action seeking equitable relief, including without limitation for the purpose of protecting any AVF confidential information and/or intellectual property rights, any controversy or claim arising out of or relating to these Terms or this Site shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in the Central District of California.

All information relating to, or disclosed by, any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information. Such information shall not be disclosed by any party or their respective representative(s) without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.

GENERAL TERMS

Right to Modify

AVF reserves the right to modify these Terms and the AVF Privacy Policy, at any time, with or without prior notice, by posting amended terms (“Updated Terms”) to these respective policies. Non-material changes and clarifications will take effect immediately. Material changes will take effect within fourteen (14) days after their posting on the AVF Site. Upon making material changes, we will post any material changes in a link at the bottom of our home page and indicate the effective date of the Updated Terms as well as email the users and members who subscribe to our mailing list. Your continued use of the Site beyond thirty (30) days after our notice to you constitutes your acceptance of the Updated Terms. WE STRONGLY ENCOURAGE YOU TO REVIEW THESE TERMS AND THE AVF PRIVACY POLICY AT LEAST ONCE EVERY MONTH.

AVF reserves the right to immediately change, suspend, remove, or discontinue any part of the Site or content, whether submitted by AVF or by a user, for any reason, without prior notice or liability.

Entire Agreement/Severability

These Terms, the AVF Privacy Policy and any additional agreements you enter with AVF in connection with the Site constitute the entire agreement (“Entire Agreement”) between you and AVF concerning the Site. If any provision in these Terms is deemed invalid, then such provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Any other agreements you may have with AVF that do not regard the Site are considered separate and in addition to these Terms. These Terms do not modify, revise, or amend the terms of any other agreements you may have with AVF that do not regard this Site.

Governing Law

These Terms shall be governed in all respects by the laws of the State of California without reference to its choice of law provisions.

Subscription via Email

Once you submit an email address to our Site, you authorize us to send you notices, announcements and special offers via email. Opt-out instructions are included in all such messages. PLEASE NOTE THAT IT IS YOUR OBLIGATION TO KEEP YOUR CURRENT EMAIL ADDRESS AND CONTACT INFORMATION UPDATED AT ALL TIMES.

Reservation of Rights

Any rights not expressly granted by these Terms and Conditions, or any applicable end-user license agreements, are reserved by the Objectivist Venture Fund and its affiliates.

CONTACT US

If you would like to request additional information regarding these Terms, please contact us at webmaster@objectivist-venture-fund.com.