Welcome to the website of Adjacent Possible Studio Inc. (“Apossible”) located at www.apossible.com.  These terms and conditions of use (“Terms and Conditions”) apply to this website (the “Website”), however the Website is accessed or used, whether via personal computers, mobile devices or otherwise, and other interactive features, applications (including mobile applications) or downloads operated by Apossible (“we,” “us,” “our”) that are offered or made available by us.  In addition to the Content (as defined below) on the Website and the services provided by us through the Website (“Services”), the Website may provide you with opportunities to submit Content and participate in various community services or events.  

By using our Website and the Services, you are accepting the practices described in these Terms and Conditions.  We reserve the right to modify or amend these Terms and Conditions from time to time without notice.  Your continued use of our Website following the posting of changes to these Terms and Conditions will mean you accept those changes. These Terms and Conditions incorporate by reference our Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you visit the Website. 

1. Copyright, Ownership, and Creative Commons License

All of the content featured or displayed on the Website (“Content”) is owned by Apossible, its licensors and/or its Content providers.  All elements of the Website, including without limitation the design and the Content, are protected by copyright, trademark and other laws relating to intellectual property.  Unless otherwise designated, much of content on the Website may be licensed to the public through the Creative Commons Attribution 4.0 International license. This license allows users to download or reproduce Content owned by us (that is not specifically restricted) from those sections of the Website and to share it, adapt it, transform it and build upon it for any purpose, so long as any such use:  (a) includes appropriate credit to Apossible (or the applicable author); (b) contains a link back to apossible.com as the original source of the work and a link to the Creative Commons Attribution 4.0 International license; and (c) indicates if changes were made to the original Content.  You must obtain permission to the extent you would like to use Content from any other part of the Website, any photographs, illustrations, and videos available on the Website, or any Content designated as owned by a third party and not subject to a Creative Commons license. If you want to obtain information on permissions related to the Website, please contact us at inquire@apossible.com.  You shall comply with all applicable law regarding your use of the Website and the Services.  You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

2. Trademarks

All trademarks, service marks and trade names of Adjacent Possible Studio Inc. (including, but not limited to, the Apossible name, APOSSIBLE, Apossible and Apossible logos) or its partners, vendors or licensors used on the Website (collectively “Marks”) are owned by Adjacent Possible Studio Inc. or its partners, vendors or licensors. You may not use any Marks without prior permission from us or our partners, vendors or licensors, as applicable. Additionally, you may not use the (a) in connection with any product or service that does not belong to us; (b) in any manner that is likely to cause confusion about whether we are the source, sponsor, or endorser of a product, service, or activity; or (c) in any manner that may damage our reputation. Adjacent Possible Studio Inc. prohibits the use of the Marks as a “hot” link on or to any other Website unless establishment of such a link is approved in advance by the Office of Communications at inquire@apossible.com.

3. Submission Policy

Where Apossible has specifically invited or requested information or materials to be submitted (e.g., submissions regarding events, grant proposals, job application materials, participation in communities, online posts, etc.) (“User Submissions”), such User Submissions are subject to our Privacy Policy and remain the intellectual property of the individual user (if applicable). To the extent such you have the ability to post a User Submission publicly on the Website, you expressly grant Apossible a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, create derivative works from, distribute, publicly perform and display such User Submission and (if applicable) your name, voice, and/or likeness as contained in your User Submission, in whole or in part, and in any form throughout the world in any media now known or later developed. Any such User Submissions are deemed nonconfidential.

4. Inappropriate Materials and Submissions

You are prohibited from posting or submitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any other material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or otherwise violate any law. Such violations may subject the sender and the sender’s agents to civil and criminal penalties. Apossible may reject any submissions or postings in which Apossible believes, in its sole discretion, that any such activities have occurred. If notified by a user of a submission that allegedly violates any provision of these Terms and Conditions, Apossible reserves the right to determine, in its sole discretion, if such a violation has occurred and to remove any such submission or posting from the Website. You further understand and agree that sending unsolicited e-mail advertisements to the Website or any user of the Website or through voice computer systems is expressly prohibited by these Terms and Conditions. Any such unauthorized use of our computer systems is a violation of these Terms and Conditions and applicable “anti-spam” laws. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

5. Framing this Website

Running or displaying this Website or any information or material displayed on this Website in frames or through similar means on another Website without our prior written permission is prohibited. Any permitted links to this Website must comply with all applicable laws, rule and regulations.

6. Third-Party Links

From time to time, this Website may contain links to websites that are not owned, operated or controlled by Apossible. All such links are provided solely as a convenience to you. If you use these links, you will leave this Website. We are not responsible for any content, materials or other information located on or accessible from any other website, nor any products or services that you buy from any other websites or any donations made through any other websites. We do not endorse, guarantee or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the products or services that you may obtain from using any other websites or how any donations you make through such websites will be used. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

7. Account Registration and Security

You may need to create an account to have access to certain portions of the Website or to make a User Submission. In consideration of your use of such portions of the Website, you will: (a) provide true, accurate, current and complete information about yourself and your organization (if applicable) as prompted by the Website’s registration form (such information being the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Apossible has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Apossible has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof). You are entirely responsible for the security and confidentiality of your password and account and you should take steps to protect this information. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. We have the right to provide user account, Content or use records, and related information under certain circumstances (such as in response to legal responsibility, lawful process, orders, subpoenas or warrants, or to protect our rights, grantees, partners or work).

8. Access and Interference

You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that, in our sole discretion, imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; (b) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the site; or (c) bypass any measures we may use to prevent or restrict access to the Website.

9. Force Majeure

Neither Apossible nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; any law, order, regulation, ordinance or requirement of any government or legal body or any representative of any such government or legal body; labor unrest, including, without limitation, strikes, slowdowns, picketing or boycotts; or inability to secure raw materials, transportation facilities or fuel, energy shortages, or acts or omissions of other common carriers.

10. Disclaimers

Your use of this Website is at your risk. The information, materials and services provided on or through this Website are provided “as is” without any warranties of any kind, including warranties of merchantability, fitness for a particular purpose or noninfringement of intellectual property. Apossible does not warrant the accuracy or completeness of the information, materials or services provided on or through this Website. The information, materials and services provided on or through this Website may be out of date, and Apossible does not make any commitment or assume any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.

11. Limitations of Liability

Apossible does not assume any responsibility for, and will not be liable for, any damages to, or any viruses that may infect your computer, telecommunication equipment or other property caused by or arising from your access to, use of, or browsing this Website, or your downloading of any information or materials from this Website. We do not guarantee continuous, uninterrupted or secure access to our Website or Services, and operation of the Website may be interfered with by numerous factors outside of our control.

In no event will Apossible, or any of its officers, trustees, directors, employees, agents, successors or assigns, nor any party involved in the creation, production or transmission of this Website, be liable to you or anyone else for any indirect, special, punitive, incidental or consequential damages (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Website, any Websites linked to this Website, or the materials, information or services contained on any or all such Websites, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. You specifically acknowledge that Apossible shall not be liable for user submissions or the defamatory, offensive or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you. The foregoing limitations of liability do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions. In the event of any problem with this Website or any content, you agree that your sole remedy is to cease using this Website. In no event shall Apossible’s total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to, negligence), or otherwise exceed twenty-five dollars ($25.00).

12. Indemnity

You agree to defend, indemnify, and hold Apossible harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the Internet or your placement or transmission of any message or information on this Website by you or your authorized users; (b) your violation of any of these Terms and Conditions, including without limitation, your breach of any of the representations and warranties herein; (c) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (d) your violation of any law, rule or regulation of the United States or any other country; (e) any claim or damages that arise as a result of any User Submission that you provide to Apossible; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.

13. Release

In the event that you have a dispute with one or more other users of the Website, you release Apossible (and our officers, trustees, directors, employees, agents, successors and assigns) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

14. Termination

You or we may suspend or terminate your use of this Website at any time, for any reason or for no reason. We may also block your access to our Website in the event that (a) you breach these Terms and Conditions; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

15. Digital Millenium Copyright Act (DMCA)

All users of Apossible’s network facilities are expected to to comply with copyright law. 

To Report a Copyright Violation

In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), Apossible has designated an agent to receive notification of alleged copyright infringement. If you believe that your copyrighted work is being infringed on our website, please notify Apossible’s designated agent for receiving such notices at the following address:

Apossible’s registered agent(s) to receive complaints of copyright infringement under the DMCA is Andrew Trousdale 305 W. 72nd St, New York, NY 10023; E-mail: inquire@apossible.com. 

Content of Notices

The DMCA requires that such notices of alleged copyright infringement be in writing. In order for Apossible to take any action on the basis of your notice, the written communication must include the following information:

— Identification of the copyrighted work or works claimed to have been infringed.  If multiple works are allegedly being infringed, please provide a representative list of such works.

— A description of the material that is claimed to be infringing, and information sufficient to permit Apossible’s agent to locate the material.

— Contact information for you, including your address, telephone number, and/or email address.

— A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, the owner’s agent, or by the law.

— A statement by you that the information in the notification is accurate, and under penalty of perjury, you are authorized on behalf of the owner to enforce the copyrights that are claimed to be infringed.

— A physical or electronic signature of the copyright owner or the person authorized to act on behalf of the rights owner.

Apossible will not be able to act promptly on your complaint, or at all, if you do not provide all of the information listed above.

Further Information

For more information on U.S. Copyright Law and the DMCA, visit www.copyright.gov. For information about copyright in connection with teaching and research activities, visit the Copyright Advisory Office.

16. General

Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the State of Connecticut. You consent to the exclusive jurisdiction of United States District Court of Connecticut and the state courts located in Stamford, Connecticut. A printed version of these Terms and Conditions will be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that these Terms and Conditions and all incorporated agreements may be automatically assigned by Apossible in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms and Conditions set forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 8 (Access and Interference), 11 (Limitations of Liability), 12 (Indemnity), 13 (Release), and 15 (General) of these Terms and Conditions shall survive any termination or expiration of these Terms and Conditions.

17. Entire Agreement

These Terms and Conditions are the entire agreement between the user and Apossible and supersede any prior understandings or agreements (written or oral).

18. Additional Assistance

If you do not understand any of the foregoing Terms and Conditions or if you have any questions or comments, we invite you to contact us at inquire@apossible.com.