LONGING AND BELONGING WEBSITE (“SITE”) TERMS OF USE

THESE TERMS OF USE (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND LONGING AND BELONGING. THESE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE SITE. BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE. YOUR USE OF THE SITE IS ALSO SUBJECT TO SEPARATE TERMS OF LONGING AND BELONGING’S THIRD-PARTY PROVIDER AND YOUR AGREEMENT TO THOSE THIRD-PARTY TERMS SHALL BE A CONDITION TO YOUR USE OF THOSE SERVICES.

Changes.

Longing and Belonging may make changes to the content available on the Site at any time. Longing and Belonging can change, update, add or remove provisions of these Terms, at any time, by posting the updated Terms on this Site. By using this Site after Longing and Belonging has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.

General Use.

Longing and Belonging provides content through the Site that is copyrighted and/or trademarked in sections of its research to individual copyright/trademark holders, with the work of Longing and Belonging or Longing and Belonging’s third-party licensors and suppliers. The project as a whole is copyrighted to its two lead researchers Parsa Sanjana Sajid, Sayeed Ferdous, and Goethe Institute Bangladesh, with specific images of the Materials owned by individual third parties (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
Subject to the terms and conditions of these Terms, and your compliance with these Terms, Longing and Belonging hereby grants you, and subject to correct usage of reference to this Site and its Materials, a limited, personal, non-exclusive and non-transferable license to use, view, print, display, share, distribute the information, partly or wholly, download the Materials for purpose of viewing them, conducting research and/or for purposes of non-commercial distribution/ on a stand-alone personal computer or mobile device and to use this Site solely for your personal use or research/non-commercial purposes. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

This Site and the Materials made available through this Site are intended as a general overview and discussion of the referenced subjects. The Materials provided on the Site are current as of the date on which each presentation was created. Relevant law may have changed in the meantime. Longing and Belonging will accept no responsibility for any actions taken or not taken on the basis of these presentations.

Links to Third-Party Sites.

This Site may be linked to other web sites that are not sites controlled or operated by Longing and Belonging (collectively, “Third-Party Sites”). Certain areas of the Site may allow you to interact and/or conduct transactions with such Third-Party Sites, and, if applicable, allow you to configure your privacy settings in your Third-Party Site account to permit your activities on this Site to be shared with your contacts in your Third-Party Site account and, in certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on this Site. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions and/or user guides and business practices than Longing and Belonging, and you further acknowledge and agree that your use of such Third-Party Sites is governed by the respective Third-Party Site privacy policy and terms and conditions and/or user guides. You hereby agree to comply with any and all terms and conditions, users guides and privacy policies of any of Third-Party Sites. Longing and Belonging is providing links to the Third-Party Sites to you as a convenience, and Longing and Belonging does not verify, make any representations or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites.

YOU AGREE THAT LONGING AND BELONGING WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD-PARTY.
Any reference on the Site to any product, service, publication, institution, organization of any third-party entity or individual does not constitute or imply Longing and Belonging’s endorsement or recommendation.

Electronic Communications.

By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications, including electronic notices, from Longing and Belonging. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Materials provided on or through the Site. These electronic communications are part of your relationship with Longing and Belonging. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

Unauthorized Activities.

When using this Site, you agree not to:

• Use any robot, spider, scraper or other automated means to access the Site.
• Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

This list of prohibitions provides examples and is not complete or exclusive. Longing and Belonging reserves the right to terminate access to visit this Site (or use the Materials) with or without cause and with or without notice, for any reason or no reason, or for any action that Longing and Belonging determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Materials. When legally required, Longing and Belonging will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.

Proprietary Rights.

Trademarks, names and logos on this Site are the property of their respective owners.

Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Longing and Belonging. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.

Disclaimer of Warranties.

Your use of this Site is at your own risk. The Materials have not been verified or authenticated in whole or in part by Longing and Belonging, and they may include inaccuracies or typographical or other errors. Longing and Belonging does not warrant the accuracy or timeliness of the Materials contained on this Site. Longing and Belonging has no liability for any errors or omissions in the Materials, whether provided by Longing and Belonging, our licensors or suppliers or other users.

LONGING AND BELONGING, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES OR GUARANTEES IN CONNECTION WITH THIS SITE OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE AND MATERIALS CONTAINED OR PRESENTED ON THIS SITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. LONGING AND BELONGING DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

LONGING AND BELONGING SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL LONGING AND BELONGING BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF LONGING AND BELONGING KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

Local Laws; Export Control.

Please note that Sections of Longing and Belonging’s Site and its Materials that are either sourced from/ referenced within/ and/or related to the People’s Republic of Bangladesh (“Local Materials”) may fall within existing laws of Bangladesh, therefore, you are responsible for following applicable local laws of Bangladesh when using the Local Materials.

If you send or transmit any communications, comments, questions, suggestions or related materials to Longing and Belonging, whether by letter, email, telephone or otherwise (collectively, “Feedback”) suggesting or recommending changes to the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title and interest in, and Longing and Belonging is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing and selling, directly or indirectly, products and services using such Feedback. You understand and agree that Longing and Belonging is not obligated to use, display, reproduce or distribute any such ideas, know-how, concepts or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction or distribution.

Applicable Bangladeshi law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. Any disputes relating to these Terms or this Site will be heard in the courts located in Bangladesh, and any disputes arising out of or in connection with this Site, including the existence, validity and implementation of the Terms, shall be finally settled through Arbitration. The arbitration shall be conducted in accordance with the Arbitration Act 2001 and the place of Arbitration shall be Bangladesh.

As a condition precedent to the filing of an arbitration claim, the Site and users agree to first mediate any claims between them. Any party refusing to mediate shall not prevent the other party or parties from pursuing their claims in arbitration. The parties will share the cost of mediation equally. Nothing herein will be construed to prevent any party’s use of injunction, and/or any other prejudgment or provisional action or remedy. Any such action or remedy will not waive the moving party’s right to compel arbitration of any dispute.

The Site and users agree to also meet and negotiate in good faith in order to resolve any disputes which may arise between them.

If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. Longing and Belonging’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Longing and Belonging and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Longing and Belonging about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.