Terms of Use

Last modified:  February 15, 2023

1. Welcome and Consent to Terms

The Wenner-Gren Foundation for Anthropological Research, Incorporated (“Wenner-Gren”, “we”, “us,” or “our”) is a 501(c)(3) tax-exempt organization dedicated to the advancement of anthropology throughout the world. Wenner-Gren operates certain websites at the sapiens.org URL (“SAPIENS”). These Terms and Conditions of Use (“Terms of Use”) apply to SAPIENS, regardless of media platform (e.g., computer, smartphone, tablet, etc.). Please note that Wenner-Gren may operate other websites, such as at the wennergren.org URL, which have their own terms and conditions of use.

By accessing and/or using SAPIENS, including, without limitation, viewing any materials, or other content on SAPIENS, subscribing or otherwise availing yourself of any content or services made available on SAPIENS, you acknowledge that you have read and agree to abide and be bound by these Terms of Use and consent to the collection and use of data as set forth in our Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please refrain from using SAPIENS.

If you have questions about SAPIENS, please contact us by email at editor•sapiens.org, or by mail at our main office at: SAPIENS, c/o The Wenner-Gren Foundation, 655 Third Avenue, 23rd Floor, New York, NY 10017.

2. Age Restriction and Eligibility

Subscribing to SAPIENS is restricted to adults 18 years of age and older and minors 13 years of age or older who possess parental or guardian consent. By subscribing or otherwise participating in services or functions on SAPIENS (other than simply viewing content), you hereby represent that you are in one of those two categories, and therefore have the authority to enter into the terms and conditions herein.

3. Privacy Policy

Our Privacy Policy is part of our Terms of Use. Please review our Privacy Policy to understand how we collect and use your personal information and other information about you in connection with SAPIENS. By consenting to our Terms of Use, you also consent to our Privacy Policy.

4. SAPIENS INTELLECTUAL PROPERTY RIGHTS AND CONTENT SHARING

Unless otherwise stated where the content is presented, all content on SAPIENS, including without limitation all articles, papers, columns, posts, photographs, images, illustrations, audio clips, and video clips (“SAPIENS Content”) is the sole property of Wenner-Gren and/or its affiliates or licensors, and is protected by relevant intellectual property rights under U.S. and foreign laws, including without limitation trademark and copyright laws. SAPIENS Content includes, without limitation, Author Content, which is defined and discussed in Section 17 below.

Trademarks

The name “Wenner-Gren Foundation” and “SAPIENS” together with any graphics, and logos used in connection with SAPIENS, are common law or registered trademarks of Wenner-Gren in the United States of America (“U.S.”) and other countries. Other trademarks and logos used in connection with SAPIENS may be the trademarks of their respective owners. These Terms of Use do not grant you any right or license with respect to any such trademarks, other than to use our name to indicate that we are the source of SAPIENS Content. If you are interested in using our trademarks or logos, please contact us at editor•sapiens.org.

Copyright License & Content Sharing

All copyright and other intellectual property rights in SAPIENS Content not granted in this section are explicitly reserved by Wenner-Gren/SAPIENS on behalf of itself, its affiliates, and its licensors. Nothing herein is intended to limit fair use rights under U.S. copyright law. If you have questions about whether your use is permitted or would like to use the SAPIENS Content for any purpose other than one explicitly permitted under these Terms of Use, please contact us at editor•sapiens.org. Some SAPIENS Content is published under the Creative Commons license – CC BY-ND (Attribution, No Derivatives) 4.0 International Public License and other SAPIENS Content is published under more restrictive licensing conditions. Content on the SAPIENS website contains information pertaining to the applicable license and content sharing conditions. Both licensing arrangements prohibit:  1) disguising the origin of SAPIENS Content by any means including “framing” or embedding SAPIENS Content, and 2) using metatags or other “hidden text” that incorporates our trademarks or names.

Creative Commons – CC BY-ND (Attribution, No Derivatives) 4.0 International Public License:

CC BY-ND content is licensed to allow for redistribution, commercial and non-commercial, as long as it is passed along unchanged and in whole, with credit to the author and SAPIENS. See Republishing Guidelines for CC BY-ND 4.0 License for procedures to be followed.

Content NOT published under Creative Commons license is covered by a more restrictive license and subject to the following terms and conditions:

In consideration of your agreement to these Terms of Use, Wenner-Gren/SAPIENS grants you a limited, personal, non-exclusive, non-transferable license to access and use the SAPIENS Content subject to the specific usage terms below. Wenner-Gren/SAPIENS reserves the right to terminate this license at any time, in its sole discretion without prior notice.

You MAY:

• Access, use, download, and print SAPIENS Content only for personal, non-commercial use and without modification or alteration. If you download or print SAPIENS Content you must maintain all copyright and other notices posted along with the SAPIENS Content.
• Create a link to SAPIENS Content on social media or other means, so long as the link does not cast Wenner-Gren/SAPIENS in a false or misleading light, including suggesting any affiliation or endorsement by us.

All use of SAPIENS Content not published under the Creative Commons CC BY-ND license is strictly limited to the terms described above, and you may not use SAPIENS Content for any other use without first obtaining written permission from Wenner-Gren/SAPIENS or the relevant copyright owner. For example, you may NOT:

• Use such SAPIENS Content for commercial purposes. (Note that we consider any use related to a revenue-generating activity or that includes advertising to be a “commercial purpose.”)
• Distribute, circulate, or otherwise make available such SAPIENS Content via electronic or other means.

5. Interactive Features

SAPIENS is generally accessible without registration. However, when you subscribe for update emails or make a donation, you will need to provide us with your email address.  Note that our newsletter is provided via Mailchimp.  In addition, if you submit an idea or an article to us, you will need to create an account through Submittable. (Additional information about Author Content is in Section 17.)

6. Content Submitted by Others

Wenner-Gren/SAPIENS has no obligation to screen or monitor Author Content and undertakes no liability or responsibility for Author Content. We expressly reserve the right to remove Prohibited Content of which we become aware, or any content of any type whether created by us or by others, at a time and in a manner of our choosing without prior notice.

7. Third Party Websites

SAPIENS may include links to other third party websites (“Third Party Websites”). We have no control over the contents of Third Party Websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the Third Party Websites linked to on SAPIENS, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

8. Copyright Infringement Claims

We aim to respect the rights of copyright owners. If you have any concerns that any Author Content or other aspects of SAPIENS infringe your copyright, please provide us with notice pursuant to the directions set forth below. All other feedback, comments, requests for technical support, and other communications relating to SAPIENS should be directed to: editor•sapiens.org.

Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we have implemented procedures for receiving written notification of claimed infringements. If you believe in good faith that your copyright has been infringed, you may complete and submit a notice to editor•sapiens.org or SAPIENS Editor-in-Chief, c/o The Wenner-Gren Foundation, 655 Third Avenue, 23rd Floor, NY, NY 10017. Please include:

1. A specific identification of the copyrighted work(s) allegedly infringed and its/their location on SAPIENS (or sufficient information for us to find it for evaluation);
2. A physical or electronic signature of a person authorized to act on behalf of the copyright owner, and his/her name, address, telephone number, and email address (if available);
3. A clear and definitive statement that the complaining party has a good faith belief that SAPIENS’ usage is not authorized, and therefore prohibited;
4. A statement that all information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the copyright’s owner; and
5. Your contact information if different from #2.

Infringement notices must meet the statutory requirements imposed by the DMCA at the time of the alleged infringement; see http://www.loc.gov/copyright for details. You may want to consult a professional legal advisor before filing a notice, as penalties may be imposed for false claims under the DMCA.

9. Availability of the Websites / Termination

SAPIENS is currently offered free of charge, but we reserve the right to charge for certain features of SAPIENS in the future. We may modify, replace, refuse access to, or suspend or discontinue SAPIENS, partially or entirely, in our sole discretion. If you subscribe to any of our interactive features, you may unsubscribe at any time by following the directions in any communications you receive from us or by contacting us at editor•sapiens.org. You agree that Wenner-Gren/SAPIENS may, in its sole discretion, limit or terminate your access to SAPIENS at any time and for any reason or no reason at all. Wenner-Gren/SAPIENS shall have no liability to you or any third party for any such action.

The licenses you grant to us herein with respect to Author Content, the dispute and governing law provisions, your release and indemnity obligation, our disclaimer and limitation of liability, and the Miscellaneous section of these Terms of Use shall survive any such termination.

10. Disputes with Wenner-Gren/SAPIENS, Choice of Law and Forum

All matters and disputes relating to or arising from these Terms of Use, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice or conflict of law provision or rule. Any legal suit, action or proceeding arising out of, or related to, these Terms of Use shall be settled exclusively in the federal courts of the United States or the courts of the State of New York, in each case located in the City of New York, and you consent to such jurisdiction. For international users, you waive all rights, if any, arising under the United Nations Convention on Contracts for the International Sale of Goods, and all rights of application or appeal, if any, to non-U.S. courts in connection with any question of law. YOU AGREE THAT ANY LEGAL ACTION YOU CHOOSE TO TAKE RELATED TO YOUR USAGE OF OUR SITES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE ACT OR OMISSION UNDERLYING THE ACTION OCCURRED; OTHERWISE, SUCH LEGAL ACTION IS PERMANENTLY BARRED.

11. Release and Indemnification

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by use of SAPIENS, to the fullest extent permitted by law, you release and waive any and all claims and/or liability against Wenner-Gren/SAPIENS, if any, arising from or in connection with your use of SAPIENS, including without limitation any Author Content you submit that is used by Wenner-Gren/SAPIENS as authorized hereunder. You agree to indemnify us, our affiliates, directors, officers, agents, contractors/licensors, employees, and assignees (collectively, the “SAPIENS Parties”), hold the SAPIENS Parties harmless, and at our option, defend the SAPIENS PARTIES, from and against any and all claims, liabilities, damages, losses and costs (including, without limitation, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations (“Claims”) related to or arising from (a) your use or attempted use of SAPIENS and/or the SAPIENS Content in violation or alleged violation of the Terms of Use; (b) your violation or alleged violation of any law or infringement of any rights of any third party, or (c) any Author Content that you submit or otherwise make available on the Websites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary or personal rights.

12. Medical Information Disclaimer

Some content on SAPIENS may contain information related to human physiology, diseases, medical conditions, and medical remedies. Such content is offered for informational purpose only, is not and should not be used as medical advice or as a substitute for professional medical advice, diagnosis, or treatment.

13. GENERAL DISCLAIMER OF WARRANTIES

YOUR USE OF SAPIENS, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAPIENS IS AT YOUR OWN RISK. SAPIENS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH SAPIENS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, FREEDOM FROM VIRUS OR OTHER DESTRUCTIVE FEATURES, QUALITY OR FITNESS FOR PARTICULAR PURPOSE.

IF YOU ARE DISSATISFIED OR HARMED BY SAPIENS, INCLUDING, WITHOUT LIMITATION, SAPIENS CONTENT, YOU MAY CLOSE YOUR ACCOUNT IN ACCORDANCE WITH SECTION 9 (“AVAILABILITY OF WEBSITES/TERMINATION”) AND CEASE USING SAPIENS. YOU AGREE SUCH TERMINATION OR CESSATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. LIMITATION OF LIABILITY

IN NO EVENT WILL THE SAPIENS PARTIES (AS DEFINED IN SECTION 11) BE LIABLE FOR LOSSES, DAMAGES, LIABILITIES, COSTS, OR CLAIMS, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, SAPIENS, ANY WEBSITES LINKED TO IT, ANY CONTENT ON SAPIENS OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH SAPIENS OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, BUT IN NO EVENT SHALL THE SAPIENS PARTIES’ LIABILITY TO YOU HEREUNDER BE GREATER THAN THE FEES PAID BY YOU IN THE LAST YEAR (IF ANY) TO WENNER-GREN/SAPIENS FOR YOUR USE THE WEBSITES (OTHER THAN ANY INDEMNITY OBLIGATIONS).

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE SAPIENS AND ITS CONTENTS AVAILABLE TO YOU FOR FREE OR AT THE PRICE OFFERED.

15. Note to Users Outside of the United States

We operate SAPIENS from the U.S. and may use cloud servers in the U.S. and other countries. If you choose to access SAPIENS from locations outside the U.S., you are responsible for compliance with any local laws. You may not use or export anything from SAPIENS in violation of U.S. export laws or regulations.

16. Miscellaneous

1. These Terms of Use (together with our Privacy Policy) control the relationship between you and Wenner-Gren/SAPIENS and represent the entire agreement among us. They do not create any third-party rights. If any part of these Terms of Use is unenforceable, that will not affect the other terms. If you do not comply with any of the Terms of Use and we do not take action to enforce them right away, that does not mean that we are giving up our right to take action in the future. All of our rights and obligations under these Terms of Use are freely assignable by us, consistent with any limitation set forth in our Privacy Policy. We may take any actions necessary for us to comply with applicable laws and to enforce our rights hereunder.
2. Modifications to Terms and Condition. We reserve the right to modify these Terms of Use in sole discretion at any time. Any modification to the Terms of Use will be effective immediately upon posting by us. Your continued use of SAPIENS after the posting of such modifications, with or without notification, constitutes binding acceptance of such modified Terms of Use.
3. Contact Information. SAPIENS is operated by The Wenner-Gren Foundation for Anthropological Research. Inquiries should be sent to:

SAPIENS
c/o The Wenner-Gren Foundation
655 Third Avenue, 23rd Floor
New York, NY 10017

editor•sapiens.org

17. ADDITIONAL TERMS FOR COMMISSIONED SUBMISSIONS

The additional terms set forth in this Section 17 apply to users who submit content to SAPIENS at Submittable. whether in the form of op-eds, feature articles, or otherwise (all such content submitted by you and/or other users, “Author Content”). Please note that we consider pitches to be ideas that are not subject to copyright protection or ownership by the submitter; further, we are under no obligation to accept a pitch idea or retain the submitter to develop the pitch into an article. Other than pitches, should SAPIENS not elect to publish Author Content, it will notify you in writing/email, at which point the license granted to SAPIENS hereunder shall be terminated.

You retain the copyright ownership of any Author Content you submit to us. You represent and warrant that (i) the Author Content is original to you, (ii) unless you have informed us when submitting the Author Content that such Author Content has been previously published, the Author Content has not been published elsewhere before; (iii) you have all necessary rights, licenses, and/or clearances to grant Wenner-Gren/SAPIENS all rights specified in this paragraph, (iv) submitting the Author Content for posting on the Website does not conflict with any obligations to third parties, and (v) you have indicated to us any conflicts of interest you may have with respect to the Author Content. Upon submitting any Author Content at the link specified above, for good and valuable consideration, you grant Wenner-Gren/SAPIENS a fully transferable, irrevocable, perpetual, worldwide, royalty-free license to use, distribute, transmit, reproduce, publicly perform, publicly display, modify, edit, adapt and create derivative works of such Author Content on SAPIENS and in connection with other Wenner-Gren or SAPIENS projects and forums (all in any media now known or hereinafter created), or otherwise in furtherance of SAPIENS’ mission, and the right to sublicense all of the foregoing rights for such purposes. For Author Content submitted to SAPIENS, this license shall be on an exclusive basis for the 90 days from first publication on SAPIENS (unless you have informed us that the Author Content has been previously published elsewhere) and thereafter on a non-exclusive basis. In addition, you grant Wenner-Gren/SAPIENS the right to associate such Author Content with you if you originally submitted it with your name or other identifying information.

If mutually agreeable to Wenner-Gren/SAPIENS and you, Author Content may be published on SAPIENS under the Creative Commons CC BY-ND 4.0 license. Publishing under a Creative Commons license does not alter the rights granted in the preceding paragraph to Wenner-Gren/SAPIENS, except that you and others may redistribute the Author Content immediately following the original publication.

You further represent and warrant that any Author Content you submit or otherwise make available is not and does not contain any of the following prohibited content (“Prohibited Content”):

• Content that you know to be inaccurate, false, misleading, fabricated, or plagiarized;
• Content that is libelous;
• Content that is illegal (e.g., harasses, threatens, or defames others; contains obscene language or pornographic images; or is discriminatory);
• Content that is insulting or personally attacking (as compared to legitimate critiques and lively debates);
• Content that breaches the rights of privacy or publicity of a third party;
• Copyrighted material, or material subject to any other intellectual property rights, except with the express permission of the copyright owner or other intellectual property owner, including all rights necessary for SAPIENS to fully exercise the license granted by you to SAPIENS hereunder, including without limitation the right to distribute and sublicense the Author Content;
• Content subject to a confidentiality obligation;
• Content that expresses the intent to commit or encourages others to commit illegal activities;
• Content that contains any recipe, formula, or instruction that could be injurious;
• Advertising, promotional materials, or any other form of commercial solicitation;
• Content unrelated to SAPIENS (including content related to “electioneering” or “lobbying” as defined under the Internal Revenue Code of 1986 as amended); and
• Content designed to probe or exploit security vulnerabilities, or that circumvents security measures, or that delivers viruses, spam, intentional server overload, or any other such disruption to SAPIENS.

You agree to promptly correct or inform us about any Author Content you submit which you later discover is inaccurate or is otherwise in breach of any of the foregoing representations and warranties. You also agree that you shall be responsible for the payment of any third party fees related to the licenses granted to us herein and use by you and us of Author Content you submit. Wenner-Gren/SAPIENS reserves the rights to use all or part of any Author Content you submit for as long as it chooses, to not use it at all, and to remove any Author Content in its sole discretion.