Privacy Statement and Terms of Use

 

Statement of Privacy

Last updated: July 30, 2012

This Statement of Privacy (the “Statement”) describes the online information practices of All Points North Foundation or APNF (“we” or “us”). It explains the information APNF collects through our website (the “website”), how APNF may use the Data we collect, and the conditions regarding use of APNF’s website. APNF reserves the right to modify this Statement at any time without prior notification to persons using the website.

Collection and Use of Personally Identifiable Information or “Data” APNF welcomes the public to visit our website, which can be browsed without the need to submit any personal information online. APNF may collect personally identifiable information via the website from users who voluntarily provide such information. APNF may collect your internet protocol address, the name of your internet service provider, the browser and type of machine you are using, the website that referred you to us, and the pages of our website that you visit (the “Data”).

The Data collected from you may be used by APNF generally to improve the website, to generate usage or demographic statistics so that APNF may better understand your needs, to measure website activity, and to improve the website’s structure in helping users better reach needed information, all of which is intended to enhance the usefulness of the website to our visitors. APNF may also use the Data to educate ourselves about the interests and concerns of our visitors for purposes of better serving the community and our grantees.

Users acknowledge and agree that APNF may use such information in any manner reasonable related to its charitable purpose. Such charitable purpose may include disclosure of personally identifiable information to APNF’s employees and third party contractors working on behalf of APNF in support of APNF’s administrative functions.

APNF will not use any Data for commercial purposes. Any use of this website for commercial purposes is strictly prohibited.

No Selling of Information APNF will not sell any non-personalized user data or personally identifiable information to any other party.

Cookies A cookie is a piece of data stored on the user’s computer tied to information about the user. Usage of a cookie is not linked to personally identifiable information while on our website.

APNF use session based cookies for session navigation purposes. If users reject the cookie, they may still use our website.

Links This website may contain links to other websites. APNF provides such links to help visitors explore the wide range of information available on topics of interest. APNF is not responsible for the privacy practices or the content of the other linked websites. By providing a link, APNF is not endorsing the content of the linked website or the entity that maintains it. APNF encourages our users to be aware that when they leave our website and to read the privacy statements of each and every website that collects personally identifiable information. This Statement applies solely to information collected by this website.

Security of Communication/Information While APNF makes reasonable efforts to secure communications over the website, which may vary depending on the content of the information transmitted, APNF does not provide secure transactions at all times. APNF also makes reasonable efforts to maintain security measures and tools to protect against the loss or theft of information collected through the website. However, no security measures can ensure complete privacy and confidentiality of information, and APNF cannot guarantee, and makes no warranty regarding, the security of any information transmitted or collected.

 

Terms of Use

Last updated: July 30, 2012

The following are the Terms and Conditions of Use for the website (the “Terms and Conditions”).

Intended Use THE WEBSITE IS INTENDED FOR USE BY INDIVIDUALS WHO ARE 13 YEARS OLD OR OLDER. THE WEBSITE IS NOT DIRECTED AT CHILDREN, AND ANY INDIVIDUALS WHO ARE UNDER 13 YEARS OF AGE SHOULD NOT USE THE WEBSITE.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND ARE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. APNF RESERVES THE RIGHT TO MODIFY OR AMEND THESE TERMS AND CONDITIONS FROM TIME TO TIME WITHOUT PRIOR NOTICE. YOUR CONTINUED USE OF THE WEBSITE AND ANY AFFILIATE WEBSITES FOLLOWING THE POSTING OF CHANGES TO THESE TERMS AND CONDITIONS WILL MEAN YOU ACCEPT THOSE CHANGES.

Compliance with Law Users of the website shall abide by all applicable international, federal, state and local laws, including, but not limited to, those pertaining to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, and copyright and trademark infringement.

APNF will fully cooperate with any law enforcement authorities and comply with any court orders requesting APNF to disclose personally identifiable or other information requested by such authorities.

Governing Law This website is controlled by the All Points North Foundation (APNF), which is headquartered in the Commonwealth of Massachusetts, United States of America. You and APNF agree that the statutes and laws of the Commonwealth of Massachusetts, without regard to conflicts of law principles thereof, will apply to all matters arising from or relating to use of this website.

Disclaimer of Warranties and Limitation of Liability THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” TO VISITORS. APNF DOES NOT REPRESENT THAT THE INFORMATION IS COMPLETE, CURRENT, ERROR-FREE, OR APPLICABLE TO YOUR SITUATION.

ALTHOUGH APNF INTENDS TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR WEBSITE, APNF DOES NOT GUARANTEE OR WARRANT THAT OUR WEBSITE, OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE, ARE FREE FROM SUCH DESTRUCTIVE FEATURES. ANY MATERIALS OBTAINED FROM THIS WEBSITE OR DOWNLOADED FROM THE WEBSITE ARE OBTAINED OR DOWNLOADED AT YOUR OWN RISK. APNF ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGES ARISING FROM A VISITOR’S USE OF, OR INABILITY TO USE, THIS WEBSITE. APNF SHALL NOT BE LIABLE FOR ANY DAMAGES OR HARM TO COMPUTER SYSTEMS, LOSS OF DATA RESULTING FROM THE DOWNLOAD OF ANY MATERIALS, AND APNF DISCLAIMS WARRANTIES FOR ANY INFORMATION RECEIVED THROUGH ANY LINKS PROVIDED BY THIS WEBSITE.

APNF IS NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THIS WEBSITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THIS WEBSITE.

Intellectual Property Copyright and Ownership. All of the content featured or displayed on the website, including without limitation text, graphics, photographs, images, moving images, sound and illustrations (collectively, “Content“), is owned by APNF, its licensors, vendors, agents, and/or content providers, as applicable. All elements of the website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. APNF reserves the right to track the usage of Content.

Except as may be otherwise indicated in specific documents within the website, you are authorized to view, play, print, and download documents, audio and video found on the website for personal, informational and noncommercial purposes only. You may not modify any of the materials, and, except as set forth below, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the website. You will not remove any copyright, trademark or other proprietary notices from Content found on the website.

Text materials on the website may be used, downloaded, reproduced, publicly displayed or reprinted for personal or noncommercial purposes provided that the following attribution appears in all copies: “Reproduced with permission of All Points North (APNF), Boston, Massachusetts © 2012, All Points North Foundation.” Permission to reproduce text materials for commercial application (e.g., book publishing) must be obtained from APNF in writing.

Unless APNF has expressly made a file available for download, prior permission to use, download, reproduce, publicly display or republish any of the non-text materials on the website (e.g., software, graphic images, video and audio files) must be obtained from APNF or any other designated copyright owner, as applicable.

In using Content in accordance with these Terms and Conditions, you may not (1) state or imply that APNF is endorsing you, your viewpoints or any of the products or services that you or your organization may provide, or (2) represent that you or your organization has a relationship with APNF, or any of the information that APNF provides unless that relationship is the subject of a written agreement that has been signed by APNF.

Trademarks. All trademarks, service marks and trade names of APNF used in the website (including, but not limited to, the All Points North Foundation name, APNF acronym and the APNF logo) (collectively, the “Marks“) are trademarks or registered trademarks of APNF or its licensors, vendors, agents and/or content providers. You may not use, copy, reproduce, republish, upload, post, transmit, distribute or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials on the website, without APNF’s prior written consent. The use of the Marks on any other website or network computer environment is not allowed.

User Actions and User-Provided Information Users agree that any information provided to APNF shall be accurate and complete. Users agree not to provide information to APNF that relates to any individuals (other than themselves) or entities without the permission of the individual or entity referenced. Users agree not to use the website in any manner that may be infringing, for a commercial/advertising purpose, threatening, false, misleading, libelous, defamatory, obscene, or give rise to any criminal or civil liability. Users agree to comply with all applicable laws and regulations relating to User’s use of the website.

Notice of Procedure for Claims of Infringement If an author, artist, photographer, or organization believes his/her/its work is being misrepresented or wrongfully appears on this site, please e-mail us. Include signature of the person authorized to act; description of the copyrighted work or intellectual property; description of where the material is on this website; contact information; and a statement, under penalty of perjury, that you are the copyright or intellectual property owner. APNF maintains the right to cease and desist using the item in question on the website, without further reparation.

Indemnification You agree to indemnify, defend and hold harmless APNF and Representatives from and against any and all losses, damages, liabilities and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: your use of the website, any assistance or services provided by us or the Representatives to you, any alleged unauthorized use of the website by you, or any breach or alleged breach by you of these Terms and Conditions. You agree to cooperate fully in the defense of any of the foregoing. APNF reserves the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our prior written consent. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a party to these Terms and Conditions.

Release In the event that you have a dispute with one or more other users of the website, you release APNF and Representatives from any and all claims, demands and damages (actual and consequential) 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.

Electronic Communications; Binding and Entire Agreement You agree that (a) these Terms and Conditions constitute an agreement “signed by you” under applicable law; (b) any notices or other communication regarding your use of the website may be provided to you electronically (by e-mail, and other electronic formats) and will be considered received upon posting or other distribution. These Terms and Conditions (including the Statement of Privacy and Use) constitute the entire agreement between you and APNF and supersede all other agreements, oral or written, concerning its subject matter. You consent to the use of the English language in these Terms and Conditions and all documents or notices relating to them and your use of the website.

Severability If any of these Terms and Conditions is determined to be invalid, void or unenforceable for any reason, then the unenforceable provision will be deemed amended in a manner that will most nearly carry out the intent of the provision to the fullest extent permitted by applicable law or deleted if amendment is not possible, and the remaining Terms and Conditions will be enforceable to the fullest extent permitted by law.

No Waiver APNF’s failure to enforce these Terms and Conditions in every instance in which they might apply is not a waiver of any of the APNF’s rights, and APNF reserves our right to take all legal steps available to enforce these Terms and Conditions.

Termination APNF reserves the right to terminate the website and/or these Terms and Conditions at any time without notice for any reason, including, in the case of these Terms and Conditions, for your violation of any of its provisions. The Disclaimer of Warranties and Limitation of Liability, Indemnification, and Release provisions of these Terms and Conditions shall survive any such termination.