1 Introduction

2 Overview

3 Acceptance

4 Our Services

5 Privacy Policy

6 Content We Host

7 Refraining from Certain Activities

8 Restricted access

9 Licensing of Content

10 Licence to use our Facilities

11 Trademarks

12 Commercial Issues

13 Third Party Product Claims

14 Third Party Advertisements

15 Affiliate Merchants

16 Assignment

17 Legal Compliance to Copyright Infringement

18 Third-party Websites and Resources

19 Management of Facilities

20 Resolutions and Facility Policies

21 Termination

22 Disputes

23 Jurisdiction and Venue

24 Applicable Law.

25 Indemnification

26 Disclaimers

27 Limitation on Liability

28 Facilities’ availability

29 Interactive Features

30 Contact Services

31 Our partners

32 Modifications to these Terms of Use

33 Other Terms

34 Severability

35 Exclusion of third party rights

36 Notice

37 Attribution

38 Entire agreement

 

 

1 Introduction

Imagine a world in which every single human being can freely seek happiness and prosperity while managing its own affairs free from government intrusion. That's our commitment.

Welcome to Freedom and Power (“www.freedomandpower.ws”). Our mission is to empower and engage people around the world by teaching, collecting, developing and disseminating practical applications of Libertarian and Austrian Economic principles. Modern Liquid Corporation Ltd. (“we” or “us”) is a for-profit corporation and the owners of Freedom and Power.

Opinions expressed here are protected by the Universal Declaration of Human Rights, specifically:

Article 18: Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

Article 19: Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

To support our mission, we provide technology infrastructure (including websites, forums, wikies, blogs and others) and organizational frameworks (policies and procedures), all together known as the Facilities (“Facilities”), for the development of online communities. We strive to make and keep educational and informational content available on the internet, in perpetuity.

We welcome you (“you” or the “user”) as a reader, editor, author, contributor, viewer, visitor, listener, member, subscriber or customer and we encourage you to join our community. Before you participate in any capacity, however, we ask that you please read and agree to the following Terms of Use (“Terms of Use”).

 

2 Overview

These Terms of Use tell you about our public services at Freedom and Power, our relationship to you as a user, and the rights and responsibilities that guide us both. We want you to know that we host educational and informational content, all of which is contributed and made possible by users like yourself. We do contribute, and generally do not monitor, or delete content (with the rare exception of policies like these Terms of Use or in relation to legal compliance notices). This means that editorial control is in the hands of you and your fellow users who create and manage the content. We merely host this content.

The community - the network of users who are constantly building and using the various Facilities - are the principal means through which the goals of our mission are achieved. The community contributes to and helps govern our Facilities. The community undertakes the function of providing critical commentary and suggestions about our policies. In addition, the community provides monitoring of the Facilities and recommends courses of action for the resolution of disputes.

You are welcome to join as a contributor, editor, or author, but you should follow the policies that govern each Facility. At this time we only host articles and comments Facilities, but plans are drawn to host other Facilities too, each with different objectives and work methods. These Terms of Use apply to all Facilities regardless of its inception date or status. Each Facility is expected to have a team of contributors, editors or authors who work together to create and manage its content. You are welcome to join these teams and work with them to improve these Facilities. Because we are dedicated to making content accessible to the public, we generally require that all content you contribute is available to us under a non-restrictive license or in the public domain.

Please be aware that you are legally responsible for all of your contributions and edits under applicable laws (which may include the laws where you live or where you view or edit content). This means it is important that you use caution when posting content. In light of this responsibility, we have some rules about what you cannot post, most of which is either for your own protection or for the protection of other users like yourself. Please keep in mind that the content we host is for general informational purposes only, so if you need expert advice for a particular question (such as medical, legal, or financial issues), you should seek the help of a licensed or qualified professional. We also include other important notices and disclaimers, so please read these Terms of Use in their entirety.

For clarity, other organizations and associations that may share in the same mission are nevertheless legally independent and separate from Freedom and Power and we have no responsibility for the operations of their websites or content.

 

3 Acceptance

By using our Facilities, you accept these Terms of Use in full. If you disagree with these Terms of Use or any part of these Terms of Use, you must not use our Facilities in any capacity.

 

4 Our Services

Freedom and Power is dedicated to encourage the growth and development of accessible content, and to host the full content of these Facilities for the public free of charge. We act as a hosting service, maintaining the infrastructure and organizational framework that allows our users to populate the Facilities by contributing and editing content themselves. Because of our unique role, there are things you should be aware of when considering our relationship to you, the Facilities, and the other users:

  1. We do not take an editorial role: Because the Facilities are collaboratively edited, all of the content that we host is provided by users like yourself, and we do not take an editorial role. This means that we generally do not monitor or edit the content of the Facilities, and we do not take any responsibility for this content. Similarly, we do not endorse any opinions expressed via our services, and we do not represent or guarantee the truthfulness, accuracy, or reliability of any submitted community content. Instead, we simply provide access to the content that your fellow users have contributed and edited.
  1. You are responsible for your own actions: You are legally responsible for your edits and contributions on the Facilities, so for your own protection you should exercise caution and avoid contributing any content that may result in criminal or civil liability under any applicable laws. Although we may not agree with such actions, we warn editors and contributors that authorities may seek to apply other country laws to you, including local laws where you live or where you view or edit content. Freedom and Power cannot offer any protection, guarantee, immunity or indemnification under any circumstances.

 

5 Privacy Policy

We ask that you review the terms of our Privacy Policy, so that you are aware of how we or third parties may collect and use your information. Because our services are used by people all over the world, personal information that we collect may be stored and processed in any country in which we or our agents maintain facilities. By using our services, you consent to any such transfer of information outside your country.

 

6 Content We Host

  1. You may find some material objectionable or erroneous: Because we provide a wide array of content that is produced or gathered by fellow users, you may encounter material that you find offensive, erroneous, misleading, mislabeled, or otherwise objectionable. We therefore ask that you use common sense and proper judgment when using our services.
  1. Our content is for general informational purposes only: Although we host a great deal of information that pertains to professional topics, including medical, legal, or financial issues, this content is presented for general informational purposes only. It should not be taken as professional advice. You should never apply information found in our Facilities to your own situation without conducting additional research or consulting a subject matter expert. Nor should you assume that all of the relevant material is included on our Facilities. Please seek independent professional counseling from someone who is licensed or qualified in the applicable area in lieu of acting on any information, opinion, or advice contained in any Facility.
  1. Our content may contain summaries: Much of the information on this website consists of summaries of complex issues. Legal and factual details and nuances are inevitably omitted from such summaries. Particular circumstances may radically affect how that information applies to a specific case.
  1. Writing practices are not uniform and change: Writing practices change constantly, and information is always liable to become out-of-date. Furthermore, most of the information in the Facilities relates to ways of working in western countries (e.g. South and North Americas, Europe, Russia). However, this is not always the case. Do not assume that any particular item of information relates or is directly applicable to any particular country.

 

7 Refraining from Certain Activities

The content in the Facilities hosted by Freedom and Power only exist because of the vibrant community of users like you who collaborate to write, edit, and curate the content. We happily welcome your participation in this community. We encourage you to be civil and polite in your interactions with others in the community, to act in good faith, and to make edits and contributions aimed at furthering the mission of the shared Facility.

Certain activities, whether legal or illegal, may be harmful to other users and violate our rules, and some activities may also subject you to liability. Therefore, for your own protection and for that of other users, you may not engage in such activities on our sites. These activities include:

Harassing and Abusing Others

  • Engaging in harassment, threats, stalking, spamming, or vandalism, verbal abuse; and
  • Transmitting chain mail, junk mail, or spam to other users.

Violating the Privacy of Others

  • Infringing the privacy rights of others under applicable laws (which may include the laws where you live or where you view or edit content);
  • Soliciting personally identifiable information for purposes of harassment, exploitation, violation of privacy, or any promotional or commercial purpose not explicitly approved by the Modern Liquid Corporation Ltd,; an
  • Soliciting personally identifiable information from anyone under the age of 18 for an illegal purpose or violating any applicable law regarding the health or well-being of minors.
  • Infringing any right of confidence, right of privacy, or right under data protection legislation.

Engaging in False Statements, Impersonation, or Fraud

  • Intentionally or knowingly posting content that constitutes libel or defamation;
  • With the intent to deceive, posting content that is false or inaccurate;
  • Attempting to impersonate another user or individual, misrepresenting your affiliation with any individual or entity, or using the username of another user with the intent to deceive; and
  • Engaging in fraud; and
  • Be libelous or maliciously false.

Committing Infringement

  • Infringing copyrights, trademarks, patents, moral right, database right, design right, right in passing off, or other intellectual property right or other proprietary rights under applicable law.

Misusing Our Services for Other Illegal Purposes

  • Posting child pornography or any other content that violates applicable law concerning child pornography; and
  • Posting or trafficking in obscene material that is unlawful under applicable law; and
  • Inciting to commit a crime; and
  • Be in contempt of any court, or in breach of any court order; and
  • Be in breach of racial or religious hatred or discrimination legislation; and
  • Be in breach of official secrets legislation; and
  • Be in breach of any contractual obligation owed to any person; and
  • Using the services in a manner that is inconsistent with applicable law.

Engaging in Disruptive and Illegal Misuse of Facilities

  • Posting or distributing content that contains or is linked to any viruses, malware, worms, Trojan horses, malicious code, worm, keystroke logger, rootkit or other device that could harm our technical infrastructure or system or that of our users; an
  • Use of our Facilities in any way that causes, or may cause, damage to the Facilities or impairment of the availability or accessibility of the Facilities; and
  • Engaging in automated uses of the site that are abusive or disruptive of the services and have not been approved by the Wikimedia community; and
  • Disrupting the services by placing an undue burden on a Facility or the networks or servers connected with a Facility; and
  • Disrupting the services by inundating any of the Facilities with communications or other traffic that suggests no serious intent to use the Facilities for its stated purpose; and
  • Knowingly accessing, tampering with, or using any of our non-public areas in our computer systems without authorization; and
  • Probing, scanning, or testing the vulnerability of any of our technical systems or networks unless all the following conditions are met:
  • such actions do not unduly abuse or disrupt our technical systems or networks; and
  • such actions are not for personal gain (except for credit for your work); and
  • you report any vulnerabilities to Modern Liquid Corporation Ltd.; and
  • you do not undertake such actions with malicious or destructive intent.
  • Conducting any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Facilities without our express written consent.

Commercial Use

  • You must not use our Facilities to transmit or send unsolicited commercial communication. You must not use our Facilities for any purposes related to marketing or profit making without our express written consent.

We reserve the right to exercise our enforcement discretion with respect to the above terms including banning the offender permanently from any and all Facilities and have their internet  address (IP) banned from this site.

 

8 Restricted access

Access to certain areas of our Facilities is restricted. We reserve the right to restrict access to other areas of our Facilities, or indeed to all our Facilities, at our discretion.

If we provide you with or you generate a password to enable you to access restricted areas of our Facilities or other content or services, you must ensure that that password is kept confidential and must never disclose it to a third party. You must notify us in writing immediately through our Contact Us form if you become aware of any unauthorized use of your account or password.

You are responsible for any activity on our Facilities arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure. You must not use any other person's user ID and password to access our website. We may disable your account on the website in our sole discretion without notice or explanation.

 

9 Licensing of Content

To grow knowledge and culture, all users contributing to the Facilities are required to grant broad permissions to Modern Liquid Corporation Ltd.to re-distribute and re-use their contributions and derivative works as Modern Liquid Corporation Ltd.may see fit. In keeping with our goal of providing information to the widest possible audience, we require that all submitted content be licensed so that it is freely reusable by Modern Liquid Corporation Ltd.

You agree to the following licensing requirements:

Text to which you own the copyright: When you submit text to which you own the copyright, you agree to license it under the following Standard Licensing Terms (or “SLT”):

In these terms of use, “your content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you hold copyright and submit to our Facilities, for whatever purpose.

You grant to us a worldwide, perpetual, complete, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your content in whole or in part, in any existing or future media in any manner and to any extent Modern Liquid Corporation Ltd.sees fit including advertising and promotion. You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights. You warrant and represent that your content will comply with these terms and conditions.

You have the right to be attributed if you so desire.

Your content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law).

Your content must be appropriate, civil, and in accord with generally accepted standards of etiquette and behaviour on the internet. You must not use our website to link to any website or web page consisting of, or containing, material that would, were it posted on our website, breach the provisions of these terms and conditions.

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website for whatever reason.

Notwithstanding our rights under these terms and conditions in relation to user content, we do not undertake to monitor the submission of such content to, or the publication of such content on, our Facilities.

If you become aware of any content on the Facilities that breaches these terms and conditions, please notify us immediately by using our Contact Form.

These terms apply to all Facilities and do not require to be explicitly stated in each one of them.

Exception: The only exception to the SLT is if a given Facility requires a different license, in which case it will be explicitly stated or linked to. In that case, you agree to license any text you contribute under that particular license. Examples of licenses:

  • Creative Commons Attribution-ShareAlike 3.0 Unported License (“CC BY-SA”), and GNU Free Documentation License (“GFDL”) (unversioned, with no invariant sections, front-cover texts, or back-cover texts).
  • Creative Commons Attribution 2.5 Generic License (CC BY 2.5) and does not require a dual license with GFDL.

Please note that your content contributions made to Freedom and Power under any applicable license, will always allow for commercial uses of your content, as long as such uses are compliant with these Terms of Use.

Attribution: Attribution is an important part of the SLT license. We consider giving credit where credit is due – to authors like yourself. If you wish to be attributed when you contribute text, you agree to be attributed in any of the following fashions:

  • Through a paragraph attached to your contribution which includes your name. For example: Written by John Smyth or Edited by Mary Johnes; or
  • Through hyperlink (where possible) or URL to the article to which you contributed; or
  • Through hyperlink (where possible) or URL to an alternative, stable online copy that is accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Facility; or
  • Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions); or

        By Any other reasonable method that clearly indicates the copyright owner.

However you may have strong privacy reasons not to exercise this right. Attribution requires the disclosure of your first and last name which will become publicly displayed. Attribution is set-up independently for each Facility. If you do not provide your first and last name in a given Facility at registration time, you forfeit your right to attribution to your work or derivative works to perpetuity.

On the other hand, if you do provide your first and last name in a given Facility at registration time, you acknowledge and accept that your content in a given Facility will be automatically attributed to you.

Co-Authored imported text: You may import text that you have co-authored with others, but in such case you warrant that the text is available under terms that are compatible with the SLT license (or, as explained above, another license when exceptionally required by a Facility).

Imported text and non-text media: You agree that, if you import text or non-text media that you have found elsewhere, it must fall under the provisions of “fair dealing”, “fair use” or equivalent legislation applicable to you, or be licensed in such a manner not to infringe the terms of the SLT license. If that legislation requires you to credit the author(s) in a reasonable fashion, you must do so. Such credit may be given through the body of the text itself, page histories, edit summaries, notes, appendices or in any other place where is easily located and available. However, the attribution requirements are sometimes too intrusive for particular circumstances (regardless of the license), and there may be instances where the community decides that imported text cannot be used for that reason.

In addition, please be aware that media that originated from external sources that was imported into a Facility may be under a license that attaches additional attribution requirements. Users agree to indicate these additional attribution requirements clearly. Depending on the Facility, such requirements may appear for example in a banner or other notations pointing out that some or all of the content was originally published elsewhere. Where there are such visible notations, re-users should preserve them.

No revocation of license: Except as consistent with your license, you agree that you will not unilaterally revoke or seek invalidation of any license that you have granted under these Terms of Use for text content or non-text media contributed to the Facilities, even if you terminate use of our services.

Public domain content: Content that is in the public domain is welcome! It is important however that you confirm the public domain status of the content under the applicable law as well as the laws of any other countries as may be required by a specific Facility. When you contribute content that is in the public domain, you warrant that the material is actually in the public domain, and you agree to label it appropriately.

Re-use: Re-use of your content that we host is welcomed, though exceptions exist for content contributed under "fair use" or similar exemptions under copyright law. Any such re-use must comply with the underlying license(s).

You many not re-use or re-distribute content developed by other contributors to the Facilities, unless by express written permission from us. If such permission is granted, you agree to attribute the authors in any of the following fashions (when applicable):

  • Through a paragraph attached to your contribution which includes your name. For example: Written by John Smyth or Edited by Mary Johnes; or
  • Through hyperlink (where possible) or URL to the article to which you contributed; or
  • Through hyperlink (where possible) or URL to an alternative, stable online copy that is accessible, which conforms with the license, and which provides credit to the authors in a manner equivalent to the credit given on the Facility; or
  • Through a list of all authors (but please note that any list of authors may be filtered to exclude very small or irrelevant contributions); or
  • By Any other reasonable method that clearly indicates the copyright owner.

You may not re-use entire contents related to an imported content, but only the imported content itself. For example, if an article contains an extract from a book, you may only re-use said extract and not the entire article.

Modifications or additions to material that you re-use: When modifying or making additions to text or non-text material that you have obtained from a Facility website under these Terms of Use, you agree to comply with whatever license under which the work has been made available to us.

If granted permission from us, with both text content and non-text media, you agree to clearly indicate that the original work has been modified. For each copy or modified version that you distribute, you agree to include a licensing notice stating which license the work is released under, along with either a hyperlink or URL to the text of the license or a copy of the license itself. Similarly, attribution must be given to Freedom and Power.

 

10 License to use our Facilities

Unless otherwise stated, such as content for which you hold the copyright, we or our licensors own the intellectual property rights in the Facilities. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the Facilities for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions of use. You must not:

  • Republish material from the Facilities (including republication on another website); or
  • Sell, rent or sub-license material from the Facilities; or
  • Reproduce, duplicate, copy or otherwise exploit material on our Facilities for a commercial purpose; or
  • Edit or otherwise modify any material outside our Facilities; or
  • Redistribute material from these Facilities, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may be freely redistributed.

You may access our RSS feeds by following the instruction on our Facilities. By accessing our RSS feeds you accept these terms and conditions. Subject to your acceptance of these terms and conditions, and notwithstanding the restrictions set out above, we grant to you a non-exclusive non-transferable non-sub-licensable license to display our RSS feeds in unmodified form on any non-commercial website owned and operated by you. It is a condition of this license that you include a credit for us and hyperlink to our website on each web page where the RSS feeds are published (in such form as we may specify from time to time, or if we do not specify any particular form, in a reasonable form). We may revoke this license at any time, with or without written notice of revocation.

 

11 Trademarks

Although you have freedom to re-use your content to the Facilities, it is important that, at the Modern Liquid Corporation Ltd., we protect our trademark rights so that we can protect our users from fraudulent impersonators. Because of this, you must respect our registered or unregistered trademarks. All Freedom and Power trademarks belong to Modern Liquid Corporation Ltd., and any use of our trade names, trademarks, service marks, logos, or domain names must be in compliance with these Terms of Use and in compliance with our Trademark Policy.

The other registered and unregistered trademarks or service marks on our website are the property of their respective owners. Unless explicitly stated otherwise, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any license to exercise such rights.

 

12 Commercial Issues

We are grateful to be of service and bring you content free of charge for your information, growth, and personal development. However, in order for us to do this, financial support is required. It costs money to build this website and to maintain it. We strive to be self-sustained and therefore financially viable.

Your support in purchasing through these links enables us to work, do research, and keep the Facilities updated with valuable and recent information. We do this with the intention to help and empower you. This is our mission and we feel proud of what we do.

We receive financial compensation or commission when you purchase products that are presented in our Facilities, but we are not compensated when our users provide opinions on the products or services offered for sale here. We recommend our users to only seek out products and services that they think will be of value to you. A link may be provided so that you may easily purchase products or services, if you so desire. We have not used or tested any product or service presented in the Facilities. We recommend to any user that may have used or tested a presented product to explicitly say so.

Please note that all Disclaimers and Limitations of Liabilities set-out in sections 26 and 27 fully apply.

 

13 Third Party Product Claims

The views and opinions expressed in the Facilities are purely our users’. Any product, claim, statistic, quote, or other representation about a third party product or service offered through this site should be verified with the manufacturer, provider, or third party in question. Any product, claim, statistic, quote, or other representation about a product or service featured on this site has been received from the manufacturer or the provider of the product or service, unless clearly stated.

We recommend our users to only highlight a product or service that they feel is a valuable resource for visitors to our Facilities, but this is based on their own personal opinion. Any questions, claims, or descriptions of a product or service should be independently verified with that company or provider.

Please note that all Disclaimers and Limitations of Liabilities set-out in sections 26 and 27 fully apply.

 

14 Third Party Advertisements

Compensation may also be received from third party advertisements such as Google Ads, Infolinks, and other advertisers. We only accept non-Google sponsorships from providers of high-quality goods or services. Google ads and other advertisers provide adds that clearly identify themselves as such on each page where they're displayed. "Ads by Google" are not selected by us, although we try our best to keep them relevant to your needs and interests. If you see a Google ad and a Web page about the same product or service, it is a coincidence. Infolinks are the double underlined links found within the content of the site. We receive a small compensation when a visitor clicks on these advertisement links.

Please note that all Disclaimers and Limitations of Liabilities set-out in sections 26 and 27 fully apply.

 

15 Affiliate Merchants

We may also be associated with several affiliate merchants whose products may be highlighted in the Facilities such as the Amazon Services LLC Associates Program; an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com.

If you click on a product link or text link and buy something from one of these merchants, we receive a small commission in return. None of these companies pays us in any other way unless otherwise clearly stated along with the link.

We strongly advice our users that the fact we may receive compensation should not influence the content, topics, or articles found on the Facilities.

When you click through our Facilities to purchase a product or service, your price remains the same as it would be if you purchased that product or service directly from the company. You can certainly go to them directly. However, if you feel that you have received some value from our Facilities, we certainly appreciate you connecting from our pages. If you would like to show your support for Freedom and Power and help keep it operating, then each time you decide to purchase your items from one of our affiliate companies, simply go through our Facilities to get to their company for your purchase. Each time you do this, we will receive a slight portion of that sale.

Please note that all Disclaimers and Limitations of Liabilities set-out in sections 26 and 27 fully apply.

 

16 Assignment

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these Terms of Use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use.

 

17 Legal Compliance to Copyright Infringement

In fairness to our users, as well as to other creators and copyright holders, our policy is to respond to notices of alleged infringements by terminating, in appropriate circumstances, users and account holders of our Facilities and network who are repeat infringers.

However, we also recognize that not every takedown notice is valid or in good faith. In such cases, we strongly encourage users to file counter-notifications when they appropriately believe a takedown demand is invalid or improper.

If you are the owner of content that is being improperly used on one of the Facilities without your permission, you may request that the content be removed. To make such a request, please email us using the contact form providing the corresponding legal documentation.

Alternatively, you may make a request to our community, which often handles copyright issues faster and more effectively. In that case, you can post a notice explaining your copyright concerns in the appropriate Facility.

 

18 Third-party Websites and Resources

You are solely responsible for your use of any third-party websites or resources. Although the Facilities may contain links to third-party websites and resources, we do not endorse and are not responsible or liable for their availability, accuracy, or the related content, products, or services (including, without limitation, any viruses or other disabling features), nor do we have any obligation to monitor such third-party content.

 

19 Management of Facilities

The community has the primary role in monitoring policies applying to the different Facilities. At Freedom and Power, we rarely intervene in community decisions about policies, we just execute them. In an unusual case, the need may arise, or the community may ask us, to address an especially problematic user because of significant Facility disturbance or dangerous behavior. In such cases, we reserve the right, but do not have the obligation to investigate your use of the service:

  • To determine whether a violation of these Terms of Use, Facility policy, or other applicable law or policy has occurred, or
  • To comply with any applicable law, legal process, or appropriate governmental request; or
  • Detect, prevent, or otherwise address fraud, security, or technical issues or respond to user support requests; or
  • Refuse, disable, or restrict access to the contribution of any user who violates these Terms of Use; or
  • Ban a user from editing or contributing or block a user's account or access for actions violating these Terms of Use, including repeat copyright infringement; or
  • Take legal action against users who violate these Terms of Use (including reports to law enforcement authorities); and
  • Manage otherwise the Facilities in a manner designed to facilitate their proper functioning and protect the rights, property, and safety of ourselves and our users, licensors, partners, and the public.

In the interests of our users and the Facilities, in the extreme circumstance that any individual has had his or her account or access blocked under this provision, he or she is prohibited from creating or using another account on or seeking access to the same Facility, unless we provide explicit permission. Without limiting the authority of the community, Freedom and Power itself will not ban a user from editing or contributing or block a user's account or access solely because of good faith criticism that does not result in actions otherwise violating these Terms of Use or community policies.

The community and its members may also take action when so allowed by the policies applicable to the specific Facility, including but not limited to warning, investigating, blocking, or banning users who violate those policies. You agree to comply with the final decisions of dispute resolution bodies that may be established by the community for a specific Facility (such as arbitration committees); these decisions may include sanctions as set out by the policy of the specific Facility.

Especially problematic users who have had accounts or access blocked on multiple Facilities may be subject to a ban from all of the Facilities.

These Terms of Use and policies for different Facilities are established by Modern Liquid Corporation Ltd. and may not be modified by the community. However, communities may issue requests for amendments to the Modern Liquid Corporation Ltd. administration.

The blocking of an account or access or the banning of a user under this provision shall be in accordance with Section 15 of these Terms of Use.

 

20 Resolutions and Facility Policies

The Modern Liquid Corporation Ltd. administration releases official policies from time to time. Some of these policies may be mandatory for a particular Facility or be global in nature, and you agree to abide by them as applicable.

 

21 Termination

Though we hope you will stay and continue to contribute to the Facilities, you can stop using our services any time. In certain (hopefully unlikely) circumstances it may be necessary for either ourselves or the community or its members (through us, as described in Section 15) to terminate part or all of our services, terminate these Terms of Use, block your account or access, or ban you as a user. If your account or access is blocked or otherwise terminated for any reason, your public contributions will remain publicly available (subject to applicable Terms of Use), and, unless we notify you otherwise, you may still access our public pages for the sole purpose of reading publicly available content on the Facilities. In such circumstances, however, you may not be able to access your account or settings. We reserve the right to suspend or end the services at any time, with or without cause, and with or without notice. Even after your use and participation are banned, blocked or otherwise suspended, these Terms of Use will remain in effect with respect to relevant provisions.

 

22 Disputes

We hope that no serious disagreements arise involving you, but, in the event there is a dispute, we encourage you to seek informal resolution through the following means and in this sequence:

  • Dispute resolution procedures or mechanisms provided by the Facilities (when available); and
  • By contacting the Facility administrator through our Contact Us form.

As part of the consideration that the Facilities requires for viewing, using or interacting with them, any user agrees to use binding arbitration for any formal claim, dispute, or controversy (“Claim”) of any kind (whether in contract, tort or otherwise) including a purchase of a product or service, solicitation issues, privacy issues, and Terms of Use issues.

Arbitration shall be conducted according to the rules of net-ARB.com which are in effect on the date a dispute is submitted to net-ARB.com. Information about net-ARB.com its rules, and its forms are available from http://www.net-arb.com/. Hearing(s) will take place exclusively on-line following the rules of net-ARB.com.

The arbitrator's decision will be binding and may not be appealed. A judgment of a court having jurisdiction may be entered upon the arbitrator's award.

The net-ARB.com fees shall be borne by the User. Each party shall be responsible for any and all other costs it may incur associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

In the event that net-ARB.com is unwilling or unable to arbitrate a dispute, Modern Liquid Corporation Ltd. reserves the right to select an appropriate arbitrating organization.

In no case shall the User have the right to go to court or have a jury trial. The User will not have the right to engage in pre-trial discovery except as provided in the net-ARB.com rules. The User will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with no rights of appeal.

To ensure that disputes are dealt with soon after they arise, you agree that regardless of any net-ARB.com rule, statute or law to the contrary, any claim or cause of action you might have arising out of or related to use of our services or these Terms of Use must be filed within the applicable statute of limitations or, if earlier, one (1) year after the pertinent facts underlying such claim or cause of action could have been discovered with reasonable diligence (or be forever barred).

 

23 Jurisdiction and Venue

If any dispute shall be brought before a court of law, pre- or post-arbitration, the User agrees that the sole and proper jurisdiction is Belize City, Belize.

You agree that the laws prevalent in Belize City and, to the extent applicable, the laws of Belize will govern these Terms of Use,

You agree to submit to the personal jurisdiction of, and agree that venue is proper in, the courts located in Belize City, Belize, in any legal action or proceeding relating to us or these Terms of Use.

 

24 Applicable Law.

The User agrees that the applicable law to be applied shall, in all cases, be that of Belize City, Belize.

 

25 Indemnification

You hereby agree to indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these Terms of Use.

 

26 Disclaimers

At the Modern Liquid Corporation Ltd., we do our best to provide educational and informational content to a very wide audience, but your use of ours or third party services, information and products that may be available at the Facilities is at your sole risk. We provide these services, information and products on an "as is" and "as available" basis, and we expressly disclaim all express or implied warranties of all kinds, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, successful achievement of any particular result, and non-infringement including non-infringement of proprietary rights. We make no warranty that our or third party services, information or products will meet your requirements, be safe, up-to-date, secure, uninterrupted, complete, timely, accurate, or error-free, or that your information will be secure.

We are not responsible for the content, data, or actions of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties, including but not limited to loss or injury, direct or indirect, incidental, consequential, special or exemplary damages or any damages whatsoever arising from the use or performance of our Facilities.

No advice or information, whether oral or written, obtained by you from us or through us or from our or third party services or products creates any warranty not expressly stated in these Terms of Use.

Any material downloaded or otherwise obtained through your use of our or third party services, information or products is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any content or communication maintained by the service. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

We will not be liable in respect of any loss or corruption of any data, database or software nor are we responsible for any losses arising out of any acts or omissions of any hosting services provider, payment services provider or other third party services provider.

You acknowledge that the information published on this website is submitted or provided by users, partners and other third parties, and that we do not review, approve or take editorial responsibility for such information except under these Terms of Use.

You agree to the publication of comments, reviews and/or feedback relating to you, by others, on our website. You acknowledge that such comments, reviews and/or feedback may be critical or defamatory or otherwise unlawful; and you agree that you will not hold us liable in respect of any such comments, reviews and/or feedback, irrespective of whether we are aware or ought to he been aware of such comments, reviews and/or feedback.

Some jurisdictions do not allow the types of disclaimers in this section, so they may not apply to you either in part or in full depending on the applicable law.

 

27 Limitation on Liability

The limitations and exclusions of liability set out in this section and elsewhere in these Terms of Use govern all liabilities arising under the Terms of Use or in relation to the subject matter of the Terms of Use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

Modern Liquid Corporation Ltd. will not be liable to you or to any other party for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, income, revenue or anticipated savings, goodwill, use, data, or other intangible losses, loss of use or production, loss of management time or office time, contracts, commercial opportunities, regardless of whether we were advised of the possibility of such damage. In no event shall our liability exceed five hundred U.S. dollars (USD 500.00) in aggregate. In the case that applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, the above limitation or exclusion may not apply to you, although our liability will be limited to the fullest extent permitted by applicable law.

 

28 Facilities’ availability

From time to time the Facilities may be unavailable. Such unavailability may be the result of defects in software, hardware, scheduled or emergency maintenance procedures, or failures of third party service providers.

We do not commit to ensuring that the Facilities will be available at any particular time.

Furthermore, we do not commit to ensure that the Facilities will continue to be published in the future.

 

29 Interactive Features

Our Facilities includes interactive features that allow users to communicate with us and with other users. You acknowledge that, because of the limited nature of such communication, any assistance you may receive using any such Facilities is likely to be incomplete and may be misleading. Any assistance of any kind you may receive using any such facilities does not constitute advice and accordingly should not be relied upon. No relationship of any kind shall be created or implied through the use of our Facilities.

 

30 Contact Services

In Facilities, we may implement services primarily intended to highlight news (e.g e-mail lists, e-magazines, RSS feeds, etc.). These services shall be strictly based on voluntary subscription.

However, these services will not be intended to be comprehensive, and should not be treated as a comprehensive news or update service. We may discontinue the said services at our sole discretion at any time.

 

31 Our partners

In addition to protecting the Facilities, its owners and users, the limitations of liability in these Terms of Use shall protect the following persons in respect of any claims made by any Facilities’ user:

  • Any Modern Liquid Corporation Ltd. partner; and
  • Any supplier of any goods and services made available on our Facilities; and
  • Any supplier of other content made available on our Facilities.

 

32 Modifications to these Terms of Use

Just as the community's input is essential for the growth and maintenance of the Facilities, we believe that community input is essential for these Terms of Use to properly serve our users. Therefore, we will strive to provide these Terms of Use, as well as any substantial future revisions of these Terms of Use, to the community for comment at least thirty (30) days before the end of the comment period. The community will be encouraged to translate the proposed revision in other languages as appropriate. However, we reserve the right to make significant changes to these Terms of Service without notification for any reason. For changes for legal or administrative reasons, to correct an inaccurate statement, or changes in response to community comments, we will not provide notice.

It may be necessary to modify these Terms of Use from time to time. Therefore, we ask that you please periodically review the most up-to-date version of these Terms of Use. Your continued use of our services after the new Terms of Use become official constitutes an acceptance of these Terms of Use on your part. For the protection of Freedom and Power and other users like yourself, if you do not agree with our Terms of Use, you cannot use our services.

 

33 Other Terms

These Terms of Use do not create an employment, agency, partnership, or joint venture relationship between you and us, the Modern Liquid Corporation Ltd. If you have not signed a separate agreement with us, these Terms of Use are the entire agreement between you and us. If there is any conflict between these Terms of Use and a signed written agreement between you and us, the signed agreement will control.

You agree that we may provide you with notices, including those regarding changes to the Terms of Use, by email, regular mail, or postings on Facilities.

If in any circumstance, we do not apply or enforce any provision of these Terms of Use, it is not a waiver of that provision.

You understand that, unless otherwise agreed to in writing by us, you have no expectation of compensation for any activity, contribution, or idea that you provide to us, the community, or the Facilities.

Notwithstanding any provision to the contrary in these Terms of Use, we (Modern Liquid Corporation Ltd.) and you agree not to modify the applicable terms and requirements of any license that is employed on the Facilities when such license is authorized by these Terms of Use.

These Terms of Use were written in English. While we hope that translations of these Terms of Use are accurate, in the event of any differences in meaning between the original English version and a translation, the original English version takes precedence.

 

34 Severability

If any provision or part of a provision of these Terms of Use is found unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and will be enforced to the maximum extent permissible, and all other provisions of these Terms of Use will remain in full force and effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

35 Exclusion of third party rights

These terms and conditions are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms and conditions is not subject to the consent of any third party.

 

36 Notice

No additional notice of any kind for any reason is due to any user and all users expressly warrant an understanding that the right to notice is waived as a condition for permission to view or interact with the Facilities.

37 Attribution

These Terms of Use were modified from the Terms of Use available in http://wikimediafoundation.org/wiki/Terms_of_Use and released under the Creative Commons Attribution/Share-Alike License.

Consequently, these Terms of Use can be freely accessed, re-used and modified under the same Creative Commons Attribution/Share-Alike License.

However, any and all other documents available in the Facilities are governed by the licensing terms specified in these Terms of Use and not under the Creative Commons Attribution/Share-Alike License.

 

38 Entire agreement

These Terms of Use, together with our Privacy Policy and our Facility Policies,constitute the entire agreement between you and us in relation to your use of our Facilities, and supersede all previous agreements in respect of your use of our Facilities.

 

Thank You!

 

We appreciate your taking the time to read these Terms of Use, and we are very happy to have you contributing to the Facilities and using our services. Through your contributions, you are helping to build something really big – not only an important collection of collaboratively edited reference Facilities that provides education and information to people who might otherwise lack access, but also a vibrant community of like-minded and engaged peers, focused on a very noble goal.

 

These Terms of Use version 1.0 went into effect on June 24, 2013.