Terms of Use for the Freud Foundation’s Website

Thank you for taking an interest in the work of the Freud Foundation US!

Please Note: the following Terms of Use overview refers to software services related to the Freud Foundation US. These Terms of Use do NOT describe the terms of your activities or engagement with the Freud Foundation or its programs. For more information regarding activities and the benefits of membership in or engagement with the Freud Foundation, please refer to the Foundation’s website, any promotional materials you may have received, information you receive from the Freud Museum in Vienna, or information you receive from our Board members and staff.

1. What These Terms of Use Cover.

These Terms of Use apply to any the Foundation services provided by the Foundation or by any company or affiliate that supports the work of the Foundation. These Terms of Use apply to any software or services used in providing such services, including but not limited to updates, those that display or link to the Terms of Use and that you use while these Terms of Use are in force. All of the software or services are referred to as the "service" or "services.” Sections 1 through 21 of these Terms of Use apply across the service. These Terms of Use shall be applicable as long as you have a relationship with the Foundation.

Please note that we do not provide warranties for our service. These Terms of Use limit our liability.

2. When You May Use the Service.

You may start using our website and other services at any time in your discretion. No withdrawal right or other 'cooling off' period applies to the service which we are providing immediately upon your accessing our website.

3. How You May Use the Service.

In using the service, you will:

obey the law;
obey any codes of conduct or other notices we provide;
keep your service account password secret; and
promptly notify us if you learn of a security breach related to the website or our service.

4. How You May Not Use the Service.

In using the service, you may not:

engage in, facilitate or further unlawful conduct;
use the service in a way that harms us or our affiliates, partners or collaborators;
messages or unsolicited commercial messages ("spam");
use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by the Foundation, or "meta-searching");
use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service;
damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or
resell or redistribute the service, or any part of the service.

5. You Are Responsible For Your Service Account.

You are entitled to access our website and services for your own personal use. For some parts of our services, we may notify you that you may set up additional accounts that are dependent on your account (an 'associated account'). You are responsible for all activity that takes place with your service account or an associated account. You may not authorize any third party to access and/or use the service on your behalf except where the Foundation provides a mechanism for third parties to access the service on your behalf.

6. Associated Accounts; Accounts From Third Parties.

If you are the user of an associated account, the holder of the service account has full control over your associated account. This includes the right to end the service, close or alter your associated account at any time and, in some cases, request and receive machine and service use information related to your associated account. If a third party, such as a school or scholar, gave you your account, the third party has rights to your account. The third party may manage your membership or website access, reset your password, if any, or suspend or terminate your engagement with the Foundation including electronic communications and other information.

7. Your Content.

You may be able to submit content for use in connection with the service. You understand that the Foundation does not control or endorse the content that you and others post or provide on the service. Except for material that we license to you, we do not claim ownership of the content you post or provide on the service.

The service includes public areas available to the general public, shared areas available to others you have selected and personal areas where you have not granted access to others. If you share content with others on the service, in either public or shared areas, then you understand and agree that others with whom you have shared content may use that content. You grant to those members of the public to whom you have permitted access free, nonexclusive permission to use, copy, distribute and display the content solely in connection with the service and other the Foundation products and services. If you do not want others to have those rights, please do not share your content with them.

You understand that the Foundation may need and you hereby authorize the Foundation to use, modify, copy, distribute and display content posted on the service to the extent necessary to provide the service. This includes:

storing and retrieving the content;
making the content available to you and to those members of the public to whom you have granted access or to the general public (for content posted on public areas of the service);
conforming to connecting networks' technical requirements; and
conforming to the limitations and terms of the service.

You understand that sharing content that violates others' copyrights and other intellectual property rights violates these Terms of Use. You represent and warrant that you have all the rights necessary for you to grant the rights in this section 7 and that the use and publication of the content does not breach any law. We will not pay you for your content. We may refuse to publish your content and may remove your content from the service at any time.

8. Privacy.

In order to operate and provide the service, we collect certain information about you. We use and protect that information as described in the Foundation Privacy Statement available on its website. In particular, we may access or disclose information about you, including the content of your communications, in order to:

(a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of the Foundation or its members and staff, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of the Foundation employees, members or the public.

The service is a private computer network that the Foundation and/or its designated agents operate for the benefit of itself, its members, and the public. The Foundation retains the right to block or otherwise prevent delivery of any type of email or other communication to or from the service as part of our efforts to protect the service, protect the public or stop you from breaching these Terms of Use. The technology or other means we use may hinder or break your use of the service.

In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine. This data will not be used to personally identify you. You may read about this information collection in more detail in our privacy statement.

9. Software.

If you receive software from us as part of the service, your use of that software is under the terms of the license or subscription that is presented to you for acceptance for that software. We reserve all other rights to the software.

We may automatically check your version of the software. We may automatically download upgrades to the software to your computer to update, enhance and further develop the service.

Unless we notify you otherwise, your license to use the software will end on the date your service ends, and you must promptly uninstall the software. We may disable the software after the date the service ends.

You will not disassemble, decompile, or reverse engineer any software included in the service, except and only to the extent that the law expressly permits this activity.

10. How We May Change the Terms of Use.

If we change this Terms of Use, we will tell you prior to your continued use by publishing changes on the website. If you do not agree to these changes, then you must cancel and stop using the service before the change takes place. If you do not stop using the service, then your continued use of the service will constitute acceptance to the changed Terms of Use.

11. WE MAKE NO WARRANTY.

We provide the service 'as-is,' 'with all faults' and 'as available.' We do not guarantee the accuracy or timeliness of information available from the service. We and our affiliates, partners, and collaborators (collectively, 'the Foundation parties') give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this Terms of Use cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

12. LIABILITY LIMITATION.

You can recover from the the Foundation parties only direct damages up to an amount equal to any amounts, if any, you have paid for the service during the prior 30 days. You cannot recover any other damages, including consequential, lost profits, special, indirect, incidental or punitive damages.

This limitation applies to anything related to:

the service,
content (including code) on third-party Internet sites, third-party programs or third-party conduct,
viruses or other disabling features that affect your access to or use of the service,
incompatibility between the service and other services, software and hardware,
delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and
claims for breach of Terms of Use, breach of warranty, guarantee or condition, strict liability, negligence or other tort.

It also applies even if:

this remedy does not fully compensate you for any losses, or fails of its essential purpose; or
the Foundation knew or should have known about the possibility of the damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

13. Suggestions.

The Foundation shall have a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to the use to incorporate into the services any suggestions, enhancement requests, recommendations or other feedback provided by you, relating to the operation of the services.

14. Changes to the Service; If We Cancel the Service; Pre-Release.

We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away.

Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later. Our cancellation of the service will not alter your obligation to pay all charges that you may have incurred. A particular service may be a pre-release version and may not work correctly or in the way a final version might work.

There may be interruptions or extended downtimes. We may significantly change the final version or decide not to release a final version at all.

15. Interpreting the Terms of Use.

All parts of this Terms of Use apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this Terms of Use as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this Terms of Use will not change. This is the entire Terms of Use between you and us regarding your use of the service. It supersedes any prior Terms of Use or statements regarding your use of the service. If you have confidentiality obligations related to the service, those obligations remain in force (for example, you may have been a beta tester). The section titles in the Terms of Use do not limit the other terms of this Terms of Use.

16. Assignment.

We may assign this Terms of Use, in whole or in part, at any time with or without notice to you. You may not assign this Terms of Use, or any part of it, to any other person without the prior written consent of the Foundation. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

17. No Third Party Beneficiaries.

This Terms of Use is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this Terms of Use.

18. Claim Must Be Filed Within One Year.

Any claim related to this Terms of Use or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

19. Your Notices to Us.

You may notify us as stated in the user support or 'Contact' area for the service or our web site.

20. Notices We Send You; Consent Regarding Electronic Information.

This Terms of Use is in electronic form. We have promised to send you certain information in connection with the service and have the right to send you certain additional information. There may be other information regarding the service that the law requires us to send you. We may send you this information in electronic form. You have the right to withdraw this consent, but if you do, we may cancel your service. We may provide required information to you:

by e-mail at the e-mail address you specified when you signed up for your service;
by access to the Foundation web site that will be designated in an e-mail notice sent to you at the time the information is available; or
by access to the Foundation web site that will be generally designated in advance for this purpose.

Notices provided to you via e-mail will be deemed given and received on the transmission date of the e-mail. If you do not consent to receive any notices electronically, you must stop using the service.

21. Choice of Law and Location for Resolving Disputes.

New York State law governs the interpretation of this Terms of Use and applies to claims for breach of it, regardless of conflicts of law principles. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in New York, New York., for all disputes arising out of or relating to this Terms of Use.

NOTICES

Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright and other intellectual property rights in the service, software or content. the Foundation products and services referenced herein may also be subject to either trademarks or patents of the Foundation in the United States and/or other countries. Any rights not expressly granted herein are reserved.

Support

Public support is not offered for the service, unless provided otherwise in this Terms of Use or unless the materials we publish in connection with a particular service specify that it includes user support.

Last Updated: February 2025