Acceptance of Terms of Use

The Oliver Sacks Foundation provides this website (oliversacks.com) in support of its charitable and educational mission to increase the understanding of the human brain and mind through the power of narrative nonfiction and case histories. BY ACCESSING THE OLIVER SACKS FOUNDATION WEBSITE, YOU ACCEPT WITHOUT LIMITATION OR QUALIFICATION THESE TERMS AND CONDITIONS (the “Terms of Use”). THE OLIVER SACKS FOUNDATION MAY REVISE THESE TERMS AND USE AT ANY TIME, WHICH REVISIONS SHALL BIND YOU. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE EXIT THE OLIVER SACKS FOUNDATION WEBSITE NOW AND REFRAIN FROM FURTHER USE.

Protection of privacy

The Oliver Sacks Foundation is committed to protecting the privacy of its website visitors in accordance with applicable laws and regulations. All information gathered from you in connection with your use of the The Oliver Sacks Foundation website is governed by The Oliver Sacks Foundation Privacy Policy. Please note that the The Oliver Sacks Foundation website is not specifically dedicated to children and The Oliver Sacks Foundation does not actively solicit information from children. Children under the age of 12 are required to obtain permission from an adult before submitting information to the The Oliver Sacks Foundation website.

All content is protected by copyright laws

Images, text, software, documentation, electronic text and image files, audio and video files and clips, and other materials on the The Oliver Sacks Foundation website are protected by copyright laws and may be covered by other restrictions including for example, rights of privacy and publicity, as well. The Oliver Sacks Foundation retains all rights it may hold, including copyright, in data, image, text, and any other information contained in these files. Copyrights and other proprietary rights in the material on this website may also subsist in individuals and entities other than, and in addition to, The Oliver Sacks Foundation. The Oliver Sacks Foundation expressly prohibits the copying of any protected materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described below.

Fair use is permitted

Fair use of copyrighted material includes the use of protected materials for noncommercial educational purposes, such as teaching, scholarship, research, criticism, commentary, and news reporting. Users who wish to download or print text, audio, video, image and other files from The Oliver Sacks Foundation website for such uses are welcome to do so without The Oliver Sacks Foundation’s express permission. In accordance with scholarly practice, users of materials (whether copyrighted or not) in publications, etc., should cite the author/artist as well as the source; the citation should include the URL “http://www.oliversacks.com.”

By downloading, printing, or otherwise using text, audio, video, image and other files from the The Oliver Sacks Foundation website, whether accessed directly from this website or via other sites or mechanisms, users agree that they will limit their use of such files to fair use, and will not violate The Oliver Sacks Foundation or any other party’s proprietary rights.

Commercial use is prohibited

Unauthorized downloading, publication or exploitation of The Oliver Sacks Foundation files for commercial purposes is specifically prohibited. Anyone wishing to use any of these files or images for commercial use, publication, or any purpose other than fair use as defined by law, must request and receive prior permission. For Literary or Dramatic Rights related to the work of Oliver Sacks, please contact: Rebecca Nagel, The Wylie Agency, 250 West 57th St., Suite 2114, New York, NY 10107 or via email [email protected].

Reservation of rights

All rights not expressly granted by The Oliver Sacks Foundation herein are specifically and completely reserved. Nothing on the The Oliver Sacks Foundation website or in these Terms and Conditions grants, expressly or implicitly, by estoppel or otherwise, any right or license to use any content or property of any third party, or may be construed to mean that The Oliver Sacks Foundation has authority to grant any right or license on behalf of any third party.

Reviews and comments

You may have an opportunity to comment on or provide reviews of a book, film or podcast featured on The Oliver Sacks Foundation website. By submitting any such comments or reviews (the “Comments”) you hereby grant to The Oliver Sacks Foundation a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, modify, distribute, reference, store, cache, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, make publicly available and otherwise exploit such Comments on and through third-party distribution channels selected by, but not affiliated with, The Oliver Sacks Foundation, in any form, medium or technology now known or later developed, in whole or in part, for any purposes, including for both commercial and non-commercial purposes. You acknowledge and agree that you are solely responsible for all Comments that you make available. Accordingly, you represent and warrant that: (i) you are either the sole and exclusive owner of all Comments or you have all rights, licenses, permissions, consents and releases that are necessary to grant to The Oliver Sacks Foundation the rights in such Comments, as contemplated herein; and (ii) neither the Comments nor your posting, uploading, publication, submission or transmittal of the Comments or The Oliver Sacks Foundation use of the Comments (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

The Oliver Sacks Foundation may use your Comments for a variety of purposes (see above), including for purposes of clarity and not limitation, inclusion on the Website, in advertisements and emails and may include your first name and last initial as well as your Comment (or excerpted portions thereof).

Warranty and indemnification

By using the The Oliver Sacks Foundation website in any manner, you represent and warrant that your use will be consistent with these Terms and Use, including Fair Use. You agree to indemnify, defend, and hold The Oliver Sacks Foundation, its affiliates, trustees, directors, officers, employees, or agents harmless from all claims, causes, costs, expenses, fees (including reasonable attorneys’ fees), judgments, liabilities, losses, and damages arising from or relating to your use of the The Oliver Sacks Foundation website.

DISCLAIMER OF WARRANTIES

THE OLIVER SACKS FOUNDATION PROVIDES THE SITE ON AN “AS IS” BASIS. YOUR USE OF THE SITE, CONTENT, AND COMPILATION IS AT YOUR OWN RISK. THE OLIVER SACKS FOUNDATION DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COPYRIGHT OWNERSHIP AND/OR NONINFRINGEMENT OF COPYRIGHTS OR OTHER THIRD PARTY PROPRIETARY RIGHTS. THE OLIVER SACKS FOUNDATION DOES NOT WARRANT THAT THE SITE WILL PROVIDE CONTINUOUS, PROMPT, SECURE, OR ERROR-FREE SERVICE. THE OLIVER SACKS FOUNDATION MAKES REASONABLE, ONGOING EFFORTS TO REVISE AND UPDATE THE SITE, BUT ASSUMES NO LIABILITY FOR ANY ERRORS OR OMISSIONS, INCLUDING THE INACCURACY OF CONTENT, OR FOR ANY DAMAGES OR LOSSES THAT YOU OR ANY THIRD PARTY MAY INCUR AS A RESULT OF THE UNAVAILABILITY OF THE SITE. THE OLIVER SACKS FOUNDATION ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ARISING FROM YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE REPRODUCTION OF THE CONTENT OR COMPILATION.

LIMITATION OF LIABILITY

NEITHER THE OLIVER SACKS FOUNDATION, ITS AFFILIATES, TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS SHALL HAVE ANY LIABILITY FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, COMPENSATORY, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATED TO YOUR USE OF THE SITE, CONTENT, AND/OR COMPILATION.

Severance and waiver

You acknowledge and agree that in the event any provision of these Terms and Use shall be held by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, in any respect, the validity, legality, and/or enforceability of the remaining terms and conditions contained herein shall not in any way be affected or impaired thereby. In such event, the parties agree that such invalid term(s) or condition(s) shall be validly reformed by the court to as near approximate the intent of the parties as reflected in the provision, and if unreformable, shall be severed and deleted from these Terms and Use. The Oliver Sacks Foundation’s failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless agreed to in writing by The Oliver Sacks Foundation.

Venue and choice of law

These Terms and Uses and any counterparts, amendments, or revisions thereto shall be governed and construed in accordance with the laws of the State of New York, without regard to principles of conflicts of laws. Any case, controversy, suit, action, or proceeding arising out of, in connection with, or related to this Agreement shall be brought in ay Federal or State court located in New York County and the State of New York, and the parties hereby waive any objection that they may have to personal jurisdiction in these courts.

Entire agreement

These Terms and Use are the complete statement of the agreement of the parties with respect to the subject hereof and supersede all prior agreements and understandings between the parties hereto with respect to the subject hereof. In order to be binding, any amendment or modification of this Agreement must be effected by an instrument in writing signed by the parties.

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