Sharing Stories of Everyday Good

Terms of Use

Published July 5, 2018


Thanks for visiting the Common Good website (the “Site”) from Newman’s Own Foundation (sometimes referred to herein as “us,” “we,” or “our”). We hope you enjoy the Site.


Your use of the Site is conditioned upon your acceptance of all of the terms and conditions stated in these Terms of Use, which govern a user's access to and use of the Site, including any content, functionality, or other services offered on or through the Site.


We reserve the right to make changes to these Terms and Conditions at any time by posting the changed Terms of Use in this location. All changes are effective immediately when we post them.


Please read these Terms of Use carefully before use of the Site, because your use of the Site, and your continued use of the Site after changes to the Terms of Use have been posted, constitutes your agreement to all Terms of Use and the terms of our Privacy Policy, which is incorporated by reference. If you do not agree to abide and be bound by these Terms of Use and the Privacy Policy, then you may not access or use this Site.


Intellectual Property Rights

Either Newman's Own Foundation, its third-party licensors, or other providers own and hold all of the intellectual property rights used on or associated with this Site, including but not limited to, copyrights, trademarks, trade names, and rights of publicity, in, to and associated with (i) Mr. Paul Newman, including use of his name, image, and likeness, (ii) the brand NEWMAN’S OWN, and (ii) all other information and content contained on the Site. The rights in this intellectual property and to the Site in general are valuable property of Newman's Own Foundation, its third-party licensors, or such providers, are protected by United States and international copyright, trademark, patent, and other intellectual property or proprietary rights laws, and may not be used without the prior written permission of Newman's Own Foundation or the applicable licensor or provider.


These Terms of Use permit you to use the Site for your personal, non-commercial use only. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your web browser for display enhancement purposes.
  • You may print or download one copy of a reasonable number of pages of the Site for your own personal, non-commercial use and not for further reproduction, publication or distribution.
  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You may not:

  • Modify copies of any materials from the Site.
  • Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.

Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate intellectual property, contract, and other laws. You shall be fully responsible for any consequences resulting from such use. If you wish to make any use of material on the Site other than that set out in this section, please refer to the Requests for Additional Usage Rights section below.


Prohibited Conduct

Any conduct by you that in our sole discretion restricts or inhibits any other user from using or enjoying our Site will not be permitted. You agree to use the Site only for lawful purposes and consistent with these Terms of Use. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, discriminatory or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, gives rise to civil liability, or otherwise violates any applicable local, state, national, or international law.


Additionally, you may not, and agree you will not, (a) use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, (b) use any robot, spider, or other automatic device, process, or means to access the Site for any purpose (including monitoring or copying any of the material on the Website), (c) use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent, or (d) otherwise attempt to interfere with the proper working of the Site.


In addition, you may not, and agree you will not, post any materials that (i) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (ii) contain a virus, spyware, or other harmful component, (iii) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (iv) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from or associated with Newman's Own Foundation. You alone are responsible for the content and consequences of any of your activities.


Changes to our Site

In an effort to continually improve our Site and its usefulness to you, we may add additional websites or services or make changes to existing services. In the event we make such changes, these Terms of Use shall apply to the new services and to any changes to existing services.


Privacy Policy

You agree that all information you provide to this Site or Newman's Own Foundation or otherwise, including but not limited to through the use of any features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.


Copyright Infringement

If you believe that any user contributions or other materials on the Site violate your copyright, please refer to our Copyright Policy, for instructions on sending us a notice of copyright infringement. It is our policy to promptly address all notices of potential copyright infringement.


Linking to Site and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent. You agree not to deep-link (meaning link to pages other than the Site's homepage) without our express written consent. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice and in our sole discretion. We may also disable all or any social media features and any links at any time without notice in our sole discretion.


Unsolicited Ideas

Please do not send any unsolicited ideas, works, materials, proposals, suggestions, artwork, content or the like (“submissions”) to either us or any of our employees or contractors. If, despite our request, you still submit such ideas, then regardless of what your correspondence says, you agree that: (1) your submissions (and any related intellectual property rights) will become our property, without any compensation to you; (2) we may use or redistribute the submissions for any purpose and in any way; (3) there is no obligation for us review the submissions; and (4) there is no obligation to keep any submissions confidential.


No Endorsement of Linked Sites

This Site may contain links to other websites. These links are provided as references and are for your convenience to help you identify and locate other resources that may be of interest. Parties other than Newman's Own Foundation independently developed these other websites and therefore Newman's Own Foundation does not assume responsibility for the accuracy or appropriateness of the information contained on such websites. In providing links to other websites, Newman's Own Foundation is not acting as a publisher or disseminator of the material contained on these other websites and does not seek to control the content of, or maintain any type of editorial control over, such websites. A link to another website should not be construed to mean that Newman's Own Foundation is associated with or endorses that party or its products and/or services. Newman's Own Foundation is not responsible for the privacy practices of such other sites.


Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.


This Site includes content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Newman's Own Foundation, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Newman's Own Foundation. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.


Changes to the Website

We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.


Disclaimer

Newman's Own Foundation does not guarantee the quality, accuracy, completeness or timeliness of the information and other content of the Site. While every effort has been made to ensure the information and other content is complete and accurate, the Site may contain typographical or other errors and should not be assumed to be error-free. You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.


Newman's Own Foundation MAKES NO REPRESENTATION WITH RESPECT TO THE ACCURACY OR COMPLETENESS OF THE CONTENT OF THIS SITE AND SPECIFICALLY DISCLAIMS ANY IMPLIED RESPONSIBILITY FOR THE ACCURACY OF THE INFORMATION PROVIDED. WITHOUT LIMITING THE FOREGOING, THE CONTENT ON THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OR AS TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THE SITE.


TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Newman's Own Foundation DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE OR ITS CONTENTS, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.


Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL Newman's Own Foundation, ITS AFFILIATES, OR THEIR LICENSORS OR PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY DAMAGES OR INJURY UNDER ANY LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES THAT ACCOMPANY OR RESULT FROM YOUR USE OF THE SITE OR ANY OTHER WEBSITE. THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY USE OF (OR INABILITY TO USE) THE SITE OR ANY OTHER WEBSITE TO WHICH YOU HYPERLINK FROM OUR SITE, FAILURE OF PERFORMANCE, ERROR, OMISSION, INACCURACY, INTERRUPTION, DEFECT, LOSS OF DATA, PERSONAL INJURY, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURE. FURTHERMORE, Newman's Own Foundation IS NOT LIABLE EVEN IF WE HAVE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


Indemnification

You agree to defend, indemnify and hold harmless Newman's Own Foundation, its affiliates, licensors and providers, and each of them and their respective officers, directors, employees, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Site or its content, other than as expressly authorized herein.


Jurisdiction and Governing Law

Newman's Own Foundation controls and operates the Site from its headquarters in Connecticut, in the United States of America. If you use our Site from locations outside of the state of Connecticut, USA, you are responsible for compliance with any applicable local laws. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. In addition, you may not use the Site in violation of state or federal laws or regulations that may be applicable to you. These Terms of Use shall be governed by and interpreted according to the laws of the State of Connecticut (without applying the State's conflict-of-law principles). Any dispute arising out of these Terms of Use and their violation or enforcement shall be brought in federal or state court in Connecticut.


Entire Agreement/Enforcement/Updates

If any provision of these Terms of Use is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Newman's Own Foundation may modify these Terms of Use, and the agreement they create, at any time, simply by updating this posting and without notice to you. This is the entire agreement regarding all the matters that have been discussed in the preceding paragraphs.


Requests for Additional Usage Rights

All requests for approval to use any materials related to this Site or to Mr. Paul Newman, including his name, image, likeness, voice or similar personal likeness or characteristics (the “PN IP”) should be made to Newman's Own Foundation in writing. Please include your name, contact information, your organization, specifics on your desired use of the materials or PN IP including the specific information or intellectual property you wish to use, the nature of the use and the intended period of use, and any other information that you believe will be helpful to Newman's Own Foundation when it processes your request. Please address all requests for approval to:


Newman’s Own Foundation

One Morningside Drive North

Westport, CT 06880

media@NewmansOwnFoundation.org


We will make every effort to respond to your request for approval in a timely fashion. In some instances, however, Newman's Own Foundation may take time to review your request or may not be able to respond. Failure of Newman's Own Foundation to respond to your request for approval should not be construed as granting, by implication, estoppel, or otherwise, any license or right of use of any information or intellectual property associated with Mr. Paul Newman or the Site. Newman's Own Foundation may only grant your request for approval in an express written document and absent such writing you do not have any additional usage rights.