Terms and Conditions

TERMS & CONDITIONS

Welcome to http://cieslafoundation.org (the “Website”), the website of The Ciesla Foundation, Inc., a nonprofit organization under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. Ciesla produces documentary films that investigate non-stereotypical images of Jews in history and celebrates the untold stories of Jewish heroes. These Terms & Conditions apply to your use of the Website and also apply to all websites owned and/or provided by Ciesla, including without limitation www.rosenwaldfilm.org, www.moebergfilm.org, www.mollygoldbergfilm.org, and www.partisansofvilna.org.

For general questions or comments about this Website, or to learn more about Ciesla, please contact us at cieslafdn@gmail.com. References to “Ciesla,” “we” or “us” in this document mean The Ciesla Foundation, Inc. and any affiliates, subsidiaries, and divisions. The terms “you” and “user” as used in these Terms & Conditions refer to all individuals and/or entities accessing this Website for any reason.

We have posted these Terms & Conditions to be in compliance with numerous laws that regulate the operation of an Internet website. The Terms & Conditions cover a variety of important issues.

By using this Website, you acknowledge that you have read and understand these Terms & Conditions, and that you accept them and agree to be legally bound by them. You should not use this Website if you have any objections to any of these Terms & Conditions. Your continued participation on the Website indicates your acceptance of the Terms & Conditions, including your acceptance of the Privacy Policy and of the collection, use, disclosure, management, and storage of your Personal Information (as defined in the Privacy Policy).

Each time you use this Website, you should visit and review the Terms & Conditions. We reserve the right to occasionally update the Terms & Conditions. At such time, we will also revise the “last updated” date below.

1. OTHER TERMS

Some areas of this Website may have additional rules, guidelines, and/or other terms and conditions that apply to your access and/or use of that area of the Website and that may be revised from time to time (“Other Terms”). If there is a conflict or inconsistency between any of these Terms & Conditions and the Other Terms, the Other Terms shall take precedence with respect to your access and use of that area of the Website.

2. USE OF THE WEBSITE

You agree that you will not access or use the Website in any manner that could damage, disable, impair or cause undue burden on the Website and/or its host, servers, network, systems or other users. You agree that you will not attempt to interfere in any way with the operation of the Website, that you will not transmit any virus or worm to the Website, that you will not use any spider, robot, data mining tool or other automatic device, or any other manual process or means, to access the Website and/or its servers or systems to extract, download, monitor, gather, transmit or copy any of the data or material on the Website (including, without limitation, account information, product listings, images, descriptions or prices), or for any other unauthorized purpose; and that you will not engage in flooding, spamming, mail-bombing, crashing or otherwise sending unsolicited email to other users of the Website. You further agree that you will not attempt to access data that is not intended for your use, that you will not attempt to log on to a server or account that you are not authorized to access, and that you will not probe, scan or test the vulnerability of any system or network related in any way to the Website without authorization.

3. COPYRIGHTS AND PERMISSIONS

Please feel free to browse the Website. Except as otherwise noted, all material on the Website is:

Copyright © 2017 The Ciesla Foundation, Inc.
All Rights Reserved.

In general, you may review and print copies of material displayed on the Website, provided that the material (1) is only used for your personal and/or noncommercial purposes, and (2) retains, without alteration, all copyright, trademark and other proprietary notices and any copyright management information displayed on the material as posted on the Website.

Downloading, printing, copying, distributing, transmitting, or otherwise making available any material on the Website for any commercial purpose is expressly prohibited without prior written permission. Please make such requests by e-mail to cieslafdn@gmail.com. We will evaluate your request and respond as soon as possible. You may, however, reproduce, distribute, transmit, publicly display, and/or publicly perform material posted on the Website if done in accordance with 17 U.S.C. § 107 (“Fair Use”), 17 U.S.C. § 110 (the Teach Act), or other applicable limitations and exemptions set forth in the U.S. Copyright Act and related laws.

None of the material contained on the Website (including all software, HTML code, and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold, or redistributed without the prior written permission of Ciesla.

Ciesla has adopted a policy of terminating services to users who willfully and/or repeatedly infringe.For further information regarding permission to use the material, please contact us by e-mail at cieslafdn@gmail.com.

4. TRADEMARKS/SERVICE MARKS

You agree not to display or otherwise inappropriately use trademarks, service marks, logos and/or designs displayed on the Website without prior written permission from Ciesla.

5. INTELLECTUAL PROPERTY LIMITATION OF LIABILITY

Ciesla respects the intellectual property of others, and we ask visitors to the Website to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to the designated Copyright Agent of Ciesla:

 Identification of the copyrighted work(s) that you claim has been infringed;

 Identification of where the material that you claim to be infringing is located on the Website;

 A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law, including the law of copyright fair use;

 A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner’s behalf;

 Your address, telephone number, and e-mail address; and

 Your physical or electronic signature.

The designated agent of Ciesla for notification of claims of copyright infringement on this Website can be reached as follows:

Address: Designated Agent for Intellectual Property
The Ciesla Foundation, Inc.
Attn: Athena Robles
5005 Linnean Avenue, NW
Washington, DC 20008

Telephone: 202-362-5760
E-mail: cieslafdn@gmail.com

Similarly, if you believe that any of your trademarks or service marks has been infringed, or if you believe that your image has been used without your consent, please notify the designated agent of Ciesla.

6. DONATIONS TO CIESLA

Ciesla is grateful for your donations and support, which help Ciesla work toward its mission of producing documentary films that celebrate untold stories of Jewish heroes.

All donations to Ciesla can be made by check, credit card, or other accepted payment service, and are subject to the approval of the relevant financial institution. Each time you make a donation, you are authorizing a charge to your designated account for the applicable amount. Ciesla will not be liable in any way if any financial institution refuses to accept or honor your check or credit card for any reason. Ciesla is not obligated to accept all donations, and may refuse a donation for any reason.

If you wish to make a donation by check, please make the check payable to “The Ciesla Foundation, Inc.,” and send it to:

The Ciesla Foundation, Inc.
5005 Linnean Avenue, NW
Washington, DC 20008

To make a donation using a credit card or other payment service, please visit the “Donate” page of the Website and follow the instructions for making a donation.

Financial transactions related to your credit card or other payment donations to Ciesla are handled by PayPal, Inc. (www.paypal.com). Please visit its website to familiarize yourself with its terms and conditions and with its privacy policies. Information relating to your financial transactions will not be maintained on Ciesla servers. Information about how Ciesla handles personal data is available in the Privacy Policy.

7. PRODUCTS FOR SALE

Ciesla may change or eliminate products offered on or through the Website at any time without prior notice. Ciesla makes no representation that any particular products will be available for any particular period of time. For customer service, contact cieslafdn@gmail.com.

8. SUBMISSIONS BY YOU ON THE WEBSITE AND IN SOCIAL MEDIA

We appreciate hearing from you on this Website and on certain websites owned by Ciesla or third parties (e.g., Instagram, Facebook, Twitter, Pinterest) where Ciesla has established a social media page (the “Page”).

Please be aware that by submitting content to this Website or the Page, including any text, graphics, software, music, sound, photographs, videos, messages, comments, feedback, data, information, or other materials (collectively, the “Content”), you (1) represent and warrant to Ciesla that you have obtained all necessary licenses, consents, waivers, releases, authorizations and/or permissions to post or transmit such Content; (2) grant to Ciesla an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, publicly perform, and publicly display such Content (in whole or part) and/or to incorporate it (in whole or in part) in other works in any form, media, or technology now known or later developed; and (3) grant to Ciesla an irrevocable, worldwide, nonexclusive, perpetual, fully paid-up, fully sub-licensable, royalty-free right and license to use the name that you submit in connection with the Content. You acknowledge that any Content submitted by you may be handled by Ciesla on a non-confidential basis, except where otherwise indicated by Ciesla’s Privacy Policy.

You expressly agree not to post, upload to, transmit, distribute, store, create or otherwise publish through this Website or the Page any of the following:

 Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, disparaging, harassing, threatening, invasive of privacy or publicity rights, abusive, fraudulent or otherwise objectionable;

 Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or create liability under any law;

 Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary right of any party;

 Content that impersonates any person or entity or otherwise misrepresents your affiliation with any person or entity, including with us;

 Unsolicited promotions, political campaigning, advertising, contents, raffles or solicitations;

 Private information of any third party, including (without limitation), surname, address, phone number, email address, Social Security number, and credit card number;

 Content or links to content that, in Ciesla’s sole judgement is objectionable, restricts or inhibits others from using the Website or Page, or which may expose Ciesla or its users to any harm or liability of any type;

 Content that appears to violate a third-party website’s Terms of Use or any other policies or terms that govern use of the website or any applicable laws;

 Content that name-calls, insults, taunts, ridicules, mocks, bullies, electronically stalks or otherwise harasses another user or attacks the character or damages or has the potential to damage the reputation of another user.

Although Ciesla has no obligation to screen, edit, or monitor any of the Content posted by users, Ciesla reserves the right to restrict, suspend or terminate without notice a user’s access to the Website or the Page or any feature of this Website or the Page or any part thereof at any time.

The Website or Page may contain the opinions and views of other users, which Ciesla does not endorse and for which Ciesla is not responsible. Ciesla is also not responsible for the accuracy of any content posted on the Website or Page, and you bear all risks associated with the use of any content, including any reliance on the accuracy, completeness or usefulness of such content.

Your dealings with third parties found on or through the Website or Page are solely between you and those third parties. Ciesla does not make any representations or warranties with respect to any goods or services that may be obtained from such third parties, and Ciesla will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of such third parties on the Website or Page.

9. DISCLAIMER OF THIRD PARTY WEBSITES

This Website may provide links to other websites that we hope you will find helpful. Ciesla may also be referenced on third-party websites.

Ciesla does not control the material presented in other websites, however. Ciesla also does not vouch for or assume responsibility for the accuracy of such material, and assumes no liability and shall not be responsible for damages arising from your ability to use those websites or for their content.

10. ADDITIONAL DISCLAIMERS AND LIMITATION OF LIABILITIES AND WARRANTIES

Ciesla is not responsible if the information made available on this Website is not accurate or complete. Any reliance upon the material on the Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and information contained on this Website.

The Website may contain technical inaccuracies, typographical errors, and out-of-date information. Ciesla makes no representations as to the accuracy, reliability, completeness, or timeliness of the information posted, and makes no warranty that the Website will meet your requirements. Ciesla reserves the right to make changes to the Website at any time.

YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE WEBSITE, INCLUDING THE SERVICES OFFERED ON OR THROUGH THE WEBSITE, IS AT YOUR OWN RISK. CIESLA SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SERVICES AND/OR WEBSITE. (BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) CIESLA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS AND/OR SERVICES AVAILABLE FROM THE WEBSITE, ALL OF WHICH ARE BEING OFFERED “AS IS.” CIESLA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE.

11. INDEMNIFICATION

You shall indemnify and hold harmless Ciesla, its affiliates, officers, employees, and agents, from and against any and all liability, losses, claims, demands, disputes, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Website, including any services offered through the Website, content that you submit through the Website, and/or your breach of any of the provisions of the Terms & Conditions and/or the Privacy Policy.

12. DISPUTE RESOLUTION

In the event of a dispute arising from or relating to the Website or these Terms & Conditions, you agree to submit such dispute to non-binding mediation in Washington, DC. If mediation is not successful, you or Ciesla may submit the dispute to arbitration by a single arbitrator in accordance with the rules of the American Arbitration Association in Washington, DC. Any action based on a breach of any provision of these Terms & Conditions may be brought to the federal or local courts presiding in Washington, DC, whichever is appropriate, and to whose jurisdiction you consent in such an action. Notwithstanding the foregoing, Ciesla may seek injunctive relief at any time. If a breach is found by a given court, the court shall have the right to issue an injunction, and grant to Ciesla its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.

13. APPLICABLE LAWS AND JURISDICTIONAL ISSUES

The Website shall be governed by the laws of the United States, including U.S. federal copyright and trademark laws, and the laws of Washington, DC applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Website, you consent to the jurisdiction of the courts presiding in Washington, DC, and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.

14. COMPLIANCE WITH LAWS

You agree that you will not use the Website, or services provided on or through the Website, for any purpose that is prohibited by these Terms & Conditions or that is unlawful. Further, you agree not to access, download, use or export the Website, or services provided on or through the Website, in violation of any applicable laws, rules or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority, and not to directly or indirectly provide or otherwise make available the Website or services provided on or through the Website in violation of any such restrictions, laws, rules, or regulations, or without all necessary approvals.

14. FORCE MAJEURE

Notwithstanding any other provision contained in these Terms & Conditions, in the event that the performance of any obligation of Ciesla is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of Ciesla, then Ciesla shall not be responsible to you for any failure or delay in the performance of its obligations. Ciesla shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, Ciesla from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.

15. HEADINGS

The headings of each of these Terms & Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these Terms & Conditions.

16. NO ASSIGNMENT

You may not assign your rights or obligations under these Terms & Conditions without the prior express written consent of Ciesla.

17. INVALIDITY OF PROVISIONS

In the event that any portion of these Terms & Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention, and the remainder of the provisions shall remain in full force and effect.

18. NO WAIVER

Any failure by Ciesla to insist upon or enforce strict performance of any provision of these Terms & Conditions shall not be construed as a waiver of any provision or right.

19. CHANGES TO THE TERMS & CONDITIONS

No changes to these Terms & Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Website or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver, or change to these Terms & Conditions, unless such an amendment, waiver, or change is in writing from an authorized officer or representative of Ciesla.

20. COMPLETE UNDERSTANDING

These Terms & Conditions, including the Privacy Policy, constitute the entire understanding between Ciesla and you with respect to the Website.

Last Updated: January 22, 2017