Agreement Conditions
Introduction
The Terms delineate the basis for the Agreement you enter into whenever — and wherever — you commence or continue any conduct or service relating in any way, directly or indirectly, to The C&C Ikoku Foundation. Please, therefore, take the time to read what follows carefully.
Your Terms Agreements
Section 3.1.0. First, with respect to the Conditions and Terms you enter into via your Agreement with the Codes and Policies, you understand and agree to abide by the following:
3.1.1. Terms, Name, Nature
that the name of this Policy is the “Conditions and Terms of Conduct and Service of The Chinyere and Chinelo Ikoku Foundation” (the “Conditions and Terms” and the “Terms”) and that the nature of this Policy is to serve as the conditions and terms of agreement, conduct, service, and use of The Chinyere and Chinelo Ikoku Foundation;
3.1.2. Terms, Composition
that the Conditions and Terms of Conduct and Service consists of all conditions and terms for the Codes and Policies of The Chinyere and Chinelo Ikoku Foundation (the “Codes and Policies” and the “Policies”) and The C&C Ikoku Foundation Conduct and Service Agreement (the “Agreement”), which collectively include the Conditions and Terms of Founding, the Conditions and Terms of Governance, the Conditions for each Policy, as well as the Definitions and Terms delineated below;
3.1.3. Terms, Agreement
that you understand the Conditions and Terms of Conduct and Service to be an integral part of the Codes and Policies and the Agreement you enter into with The C&C Ikoku Foundation;
3.1.4. Terms, Consent
that your consent to the Codes and Policies and the Agreement includes your legally equivalent consent to the Conditions and Terms of Conduct and Service;
3.1.5. Terms, Duties
that your duties to the Codes and Policies and the Agreement includes your legally equivalent duties to the Conditions and Terms of Conduct and Service;
3.1.6. Terms, Entry
that your entry into the Agreement includes your legally equivalent entry into the Conditions and Terms of Conduct and Service, and similarly occurs whenever you commence or continue any conduct or service at, by, for, in, on, with or otherwise relating to The C&C Ikoku Foundation;
3.1.7. Terms, Legally Abiding
that your attestation about your reading, understanding, consenting and agreeing to legally abide by the Codes and Policies and the Agreement includes your legally attestation about your reading, understanding, consenting and agreeing to legally abide by the Conditions and Terms of Conduct and Service, in its entirety without modification or severability, as amended from time to time solely by the Founder;
3.1.8. Terms, Legally Binding
that your attestation about your reading, understanding, consenting and agreeing to be legally bound by the Codes and Policies and the Agreement includes your legally equivalent attestation about your reading, understanding, consenting and agreeing to be legally bound by the Conditions and Terms of Conduct and Service, in its entirety without modification or severability, as amended from time to time solely by the Founder;
3.1.9. Terms, Knowledge
and that your attestation about your awareness and acceptance of your responsibility to keep informed and update your knowledge of the Codes and Policies and the Agreement includes your legally equivalent awareness and acceptance of your responsibility to keep informed and update your knowledge of the Conditions and Terms of Conduct and Service, in its entirety without modification or severability, as amended from time to time solely by the Founder.
Your Terms Understandings
Section 3.2.0. Second, with respect to your understandings of the Conditions and Terms of Conduct and Service, you covenant, represent, and warrant the following:
3.2.1. Terms Understandings
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.2.2. Terms Understandings, Conditions
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms conditions as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you;
3.2.3. Terms Understandings, Definitions
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms definitions as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you;
3.2.4. Terms Understandings, Practices
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms practices as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you;
3.2.5. Terms Understandings, Principles
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms principles as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not infringed or violated, in any way, by you;
3.2.6. Terms Understandings, Processes
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms processes as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you;
3.2.7. Terms Understandings, Rights
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms rights as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not infringed or violated, in any way, by you;
3.2.8. Terms Understandings, Safeguards
that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms safeguards and resulting protections as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to be fulfilled and respected and not breached or violated, in any way, by you;
3.2.9. Terms Understandings, Violations
and that you have read, understood, consented to, and agreed to be legally bound by and abide by understandings of terms breach, diminishment, incompatibility, infringement, and violation as they are defined and provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation, to not be brought about, in any way, by you.
Your Terms Commitments
Section 3.3.0. Third, with respect to your commitments to the Conditions and Terms of Conduct and Service, you understand and agree to abide by the following:
3.3.1. Terms Commitments, Basis
that your commitment is the basis for any conduct or service at, by, for, in, on, with, or otherwise relating to The C&C Ikoku Foundation that you commence or continue — including via any of the Products or Services, or the divisions, series, subsidiaries, or affiliates — and that any such conduct or service is free of any incompatibility with The C&C Ikoku Foundation or violation of the Conditions and Terms of Conduct and Service, the Codes and Policies, or applicable law or regulation;
3.3.2. Terms Commitments, Terms
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of of terms, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.3. Terms Commitments, Conditions
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of terms conditions, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.4. Terms Commitments, Definitions
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of terms definitions, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.5. Terms Commitments, Principles
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of terms principles, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.6. Terms Commitments, Processes
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of terms processes, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.7. Terms Commitments, Rights
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of terms rights, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.8. Terms Commitments, Safeguards
that this commitment include but not be limited to upholding for every person at The C&C Ikoku Foundation the most humane, protective and respectful interpretations of terms safeguards and resulting protections, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.9. Terms Commitments, Duty, Practices
that you respectfully assist solely via Your Duties as described in the Codes and Policies and the Conditions and Terms of Conduct and Service and in no way interfere with or impede the reasonable efforts authorized and executed solely by the Founder to translate the above commitments into practices for adopting and applying policies pertaining to terms; for adjudicating and determining compliance with the policies; and for fulfilling The C&C Ikoku Foundation’s own duties pertaining to terms, terms conditions, terms definitions, terms principles, terms processes, terms rights, and terms safeguards and their resulting protections, including as provided for in the Conditions and Terms of Conduct and Service, the Codes and Policies, and applicable law and regulation;
3.3.10. Terms Commitments, Duty, Protections
and that you also respectfully assist solely via Your Duties as described in the Codes and Policies and the Conditions and Terms of Conduct and Service and in no way interfere with or impede the reasonable efforts authorized and executed solely by the Founder to develop and enforce terms protections derived from, first, applicable law and regulation, and second, from advances in terms that protect persons in ways that go beyond what such law and regulation currently provides.
Agreement Definitions
Provision
Provided below are definitions of terms used for the purposes of the Codes and Policies and the Agreement you may enter into with The C&C Ikoku Foundation.
I — Basic Definitions
‘The C&C Ikoku Foundation’
— 3.5.0. reference to and use of the term “The C&C Ikoku Foundation” mean and refer only and specifically to:
3.5.1. C&C Ikoku Foundation
The Chinyere and Chinelo Ikoku Foundation — an organization under the administration of The Alvan Ikoku Philanthropies, a division of The Alvan Ikoku Group LLC, a series limited liability company — also officially doing business as The C&C Ikoku Foundation and The C&C Foundation;
3.5.2. Administration, Areas
as well as any and all of the areas, parts, sections, and equivalent of The Chinyere and Chinelo Ikoku Foundation, including The C&C Ikoku Foundation Administration as defined in the Codes and Policies;
3.5.3. Affairs, Arrangements
as well as any and all of the acts, activities, affairs, agents, arrangements, and equivalent of The Chinyere and Chinelo Ikoku Foundation;
3.5.4. Assets, Properties
as well as any and all of the assets, properties, and equivalent of The Chinyere and Chinelo Ikoku Foundation;
3.5.5. Divisions, Subdivisions
as well as any and all of the divisions, subdivisions, and equivalent of The Chinyere and Chinelo Ikoku Foundation;
3.5.6. Materials, Matters, Related
as well as any and all of the materials, matters, and equivalent of The Chinyere and Chinelo Ikoku Foundation;
3.5.7. Offices, Persons
as well as any and all of the offices, official persons, and equivalent of The Chinyere and Chinelo Ikoku Foundation;
3.5.8. Products, Services
as well as any and all of the Products and Services of The Chinyere and Chinelo Ikoku Foundation;
3.5.9. Series, Subsidiaries
as well as any and all of the series, subseries, subsidiaries, and affiliates of The Chinyere and Chinelo Ikoku Foundation;
3.5.10. Excluding, Other Entities
excluding any and all instances of the aforementioned pertaining to other entities, such as other entities that also have Alvan Azinna Chibuzo Ikoku as part of their administration;
3.5.11. Excluding, Public Entities
and excluding any and all instances of the aforementioned pertaining to public entities, such as entities that are collective, communal, communist, cooperative, governmental, public, socialist or state in control, function, nature, ownership, or use;
3.5.12. Solely via Founder
with the understanding that all of the aforementioned is only as officially authorized and executed solely via the Founder’s authorization.
‘Founder’ and ‘Controller’
— 3.6.0. reference to and use of the terms “Founder,” “Manager,” “Member,” and “Controller” mean and refer only and specifically to:
3.6.1. Sole Founder, Ikoku Foundation
Alvan Azinna Chibuzo Ikoku as the sole Founder of The Chinyere and Chinelo Ikoku Foundation;
3.6.2. Sole Manager, Ikoku Foundation
Alvan Azinna Chibuzo Ikoku as the sole Manager of The Chinyere and Chinelo Ikoku Foundation;
3.6.3. Sole Member, Ikoku Foundation
Alvan Azinna Chibuzo Ikoku as the sole Member of The Chinyere and Chinelo Ikoku Foundation;
3.6.4. Sole Controller, Ikoku Foundation
and Alvan Azinna Chibuzo Ikoku as the sole Controller of The Chinyere and Chinelo Ikoku Foundation.
‘Products,’ ‘Services,’ ‘Sites’
— 3.7.0. reference to and use of the terms “Products” and “Services” mean and refer only and specifically to:
3.7.1. Products, Services
any and all of the applications, goods, products, programs, services, sites, and their equivalent of The C&C Ikoku Foundation.
3.7.2. Administration, Areas
as well as any and all of the administration, areas, parts, sections, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.3. Affairs, Arrangements
as well as any and all of the acts, activities, affairs, agents, arrangements, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.4. Assets, Properties
as well as any and all of the assets, devices, equipment, hardware and software, interfaces, properties, technologies, tools, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.5. Materials, Matters
as well as any and all of the materials, matters, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.6. Offices, Persons
as well as any and all of the offices, official persons, and equivalent associated with, contained in, derived from, resulting in, or otherwise relating to any of the aforementioned;
3.7.7. Excluding, Other
excluding any and all instances of the aforementioned pertaining to other products or services, such as other products or services that also have Alvan Azinna Chibuzo Ikoku as part of their administration;
3.7.8. Excluding, Public
and excluding any and all instances of the aforementioned pertaining to public products or services, such as products or services that are collective, communal, communist, cooperative, governmental, public, socialist or state in control, function, nature, ownership, or use;
3.7.9. Including, Sites
while including any and all instances of the aforementioned pertaining to the Sites of The C&C Ikoku Foundation (collectively the “Sites”).
3.7.10. Solely via Founder
with the understanding that all of the aforementioned is only as officially authorized and executed solely via the Founder’s authorization.
‘We,’ ‘Our,’ ‘Us’
— 3.8.0. reference to and use of the terms “we,” “our” and “us” mean and refer only and specifically to:
3.8.1. Ikoku Foundation, Entities
The Chinyere and Chinelo Ikoku Foundation and its entities (or legal persons), wholly owned and managed by Alvan Azinna Chibuzo Ikoku, the sole Founder and Controller;
3.8.2. Ikoku Foundation, Founder
as well as Alvan Azinna Chibuzo Ikoku, as sole Founder, Member, and Controller of The C&C Ikoku Foundation;
3.8.3. Ikoku Foundation, Persons Authorized
as well as natural persons officially authorized then appointed or employed only by the Founder, Alvan Azinna Chibuzo Ikoku, and solely via the Founder’s authorization, to commence or continue authorized conduct or service at, by, for, in, on, with or otherwise relating to The C&C Ikoku Foundation, in a manner in accordance with the Codes and Policies.
‘You,’ ‘User,’ ‘Visitor’
— 3.9.0. reference to and use of the terms “you,” “your,” “user,” and “visiter” mean and refer only and specifically to:
3.9.1. Other Persons, Relating
with the exception of those defined above under “we,” “our,” and “us,” any other persons commencing or continuing conduct or service at, by, for, in, on, with or otherwise relating to The C&C Ikoku Foundation;
3.9.2. Such Persons, Agreeing
including such persons entering into and thus subject to The C&C Ikoku Foundation Conduct and Service Agreement;
3.9.3. Such Person, Individual
including such persons commencing or continuing any of the aforementioned conduct or service as an independent individual;
3.9.4. Such Persons, Organization
including such persons commencing or continuing any of the aforementioned conduct or service as an entity, office, organization, or equivalent;
3.9.5. Such Persons, Representative
and including such persons commencing or continuing any of the aforementioned conduct or service as an agent, including employer or representative, of another entity, office, or person.
II — Further Definitions
— Always Operative, Standing
— 3.10.0. always operative and standing in the reference to and use of a given term or terms are the following clauses:
3.10.1. As Defined, References
within the meaning of the term(s) as defined in applicable references (such as dictionaries) of long establishment, official or professional use, and regular and rigorous edition, erudition, revision, standardization, verification, and updated publication;
3.10.2. As Employed, Law, Regulation
where appropriate, further restricted to the meaning of the term(s) as employed in applicable law and regulation, including all that which is described as entailed in exercising and fulfilling the authorities, duties, obligations, powers, principles, processes, protections, requirements, responsibilities, rights, and equivalent associated with the term(s);
3.10.3. As Provided, Codes, Policies
and further restricted to the meaning of the term(s) as provided for in the Codes and Policies, including all that which is described as entailed in exercising and fulfilling the authorities, duties, obligations, powers, principles, processes, protections, requirements, responsibilities, rights, and equivalent associated with the term(s) — and especially where duties, expectations, freedoms, liberties, obligations, principles, rights, requirements, responsibilities, standards as well as means, measures, methods, modes, practices, procedures, processes are referred to, meant only as these terms are defined, delineated and described in the Codes and Policies;
3.10.4. As Specified, Application, Interpretation
and further, whose application or interpretation has been appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand;
3.10.5. Unless Standard, Inclusive
and unless where standard or context otherwise clearly indicates — for instance, there is only one company named and operating as The Chinyere and Chinelo Ikoku Foundation (also “The C&C Ikoku Foundation”), as well as one Founder, President, CEO and Chair, Alvan Azinna Chibuzo Ikoku — words used in the singular include the plural, and the plural includes the singular;
3.10.6. With Authorization
with the understanding that the above exercise or fulfillment relating to The C&C Ikoku Foundation must be authorized, solely by the Founder, and permitted, under certain conditions, as provided for in the Codes and Polices and applicable law and regulation.
— A
‘Act’ and ‘Activity’
— 3.10.1.1. reference to and use of the terms “act” and “activity” are employed interchangeably and mean and refer only and specifically to:
3.10.1.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.1.2. As Conduct, Service
further defined to apply and refer to an instance of “conduct or service, including any act, activity, agent, arrangement, asset, or involved material or matter;”
3.10.1.1.3. As Variously Conducted
further defined to mean and include an act or activity as variously conducted or effected and understood to always include clauses such as and equivalent to “attempted, brought about, carried out, coordinated, employed, encouraged, executed, facilitated, fostered, fulfilled, produced, resulted in, etc;”
3.10.1.1.4. As Variously Direct, Indirect
further defined to mean and include an act or activity as variously conducted or effected directly or indirectly and understood to always include clauses such as and equivalent to “in any way, directly or indirectly, by any manner, means, mechanism, method, or mode, and via any entity, office, or person;”
3.10.1.1.5. As Variously Executed
further defined to mean and include an act or activity as variously conducted, effected and executed by an agent or arrangement and understood to always include clauses such as and equivalent to “via any agent, such as an authority, contractor, employee, entity, fiduciary, manager, office, owner, partner, party, representative, stakeholder, user, visitor, volunteer, or equivalent, whether natural or legal person” and “via any arrangement, such as an agreement, collaboration, collusion, contract, coordination, instrument, instruction, partnership, sponsorship, or equivalent, whether legal, oral or written;”
3.10.1.1.6. As Variously Relating
further defined to mean and include an act or activity as variously relating to an entity, material, matter, object, or person, and understood to always include clauses such as and equivalent to “at, by, for, in, on, via, with, or otherwise relating to,” “associated with, containing, derived from, involving, producing, resulting in or otherwise relating to,” “belonging to, pertaining to or otherwise relating to” and “concerning, disclosing, identifying, referring to, revealing or otherwise relating to;”
3.10.1.1.7. As Variously Relating, Ikoku Foundation
when indicated as variously relating to The C&C Ikoku Foundation, further defined to mean and include an act or activity as variously relating to “any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of The C&C Ikoku Foundation, any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of the divisions, series, subsidiaries, or affiliates of The C&C Ikoku Foundation, as well as any acts, activities, affairs, agents, arrangements, areas, assets, offices, parts, properties, sections, or equivalent of the Products or Services of The C&C Ikoku Foundation;”
3.10.1.1.8. As Variously With Material
further defined to mean and include the aforementioned with use of the term “material” in this setting understood to always entail clauses such as and equivalent to “any involved material, such as any content, data, document, example, file, information, media, model, property, sample, specimen, or equivalent, etc;”
3.10.1.1.9. As Variously With Matter
further defined to mean and include the aforementioned with use of the term “matter” in this setting understood to always entail clauses such as and equivalent to “any involved matter, such as any case, idea, inquiry, issue, proceeding, question, subject, topic, or equivalent, etc;”
3.10.1.1.10. As Variously With Persons
further defined to mean and include the aforementioned with use of the terms “human being,” “individual,” and “person” in this setting understood to always entail clauses such as and equivalent to, where applicable, “personally disclosing, personally identifying, personally referring to, personally revealing, or otherwise relating to” and “associated with, attributable to, disclosing, identifying, revealing or otherwise relating to” either “an identifiable individual or person,” “an involved individual or person,” “an individual or person concerned,” “a specific individual or person,” or “a matter relating to” any of such persons;
3.10.1.1.11. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized act or activity of The C&C Ikoku Foundation;
3.10.1.1.12. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent;
3.10.1.1.13. With Certain Permitted
with the attendant understanding that any act or activity relating to The C&C Ikoku Foundation must also be authorized, solely by the Founder, and permitted, under certain conditions, as provided for in the Codes and Polices and applicable law and regulation;
3.10.1.1.14. With Certain Prohibited
with the attendant understanding that an act or activity can be strictly prohibited, under any circumstances, by the Founder, the Codes and Polices, or applicable law or regulation;
3.10.1.1.15. Where Prohibited
with the attendant understanding that, where prohibited, an act or activity must not be conducted or effected “in any way, directly and indirectly, by any manner, means, mechanism, method, or mode, to any degree, under any circumstances, for any period of time, or for any perceived benefit, end, goal, good, interest, mission, need, objective, purpose, reason, or equivalent.”
‘Administration’ and ‘Administrative’
— 3.10.1.2. reference to and use of the terms “administration” and “administrative” mean and refer only and specifically to:
3.10.1.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.2.2. As Including Aspects, Functions
further defined to mean and include all aspects and functions entailed in the administration, control, development, finances, formation, governance, management, operation, oversight, regulation, supervision, and equivalent of a body, company, entity, estate, office, organization, or equivalent;
3.10.1.2.3. As Including Associated, Involved
further defined to mean and include all conduct and service — as well as all associated acts, activities, agents, arrangements, assets and materials and matters — involved in the administration, control, development, finances, formation, governance, management, operation, oversight, regulation, supervision, and equivalent of a body, company, entity, estate, office, organization, or equivalent;
3.10.1.2.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized administrative aspect or administration of The C&C Ikoku Foundation;
3.10.1.2.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— 3.10.1.3. and reference to and use of the term “The C&C Ikoku Foundation Administration” mean and refer only and specifically to:
3.10.1.3.1. Administration
all entailed in the definition for the terms administrative and administration, further restricted for The C&C Ikoku Foundation, as provided for in the Codes and Policies;
3.10.1.3.2. Administrative Activities
the administrative activities and documented decisions of The C&C Ikoku Foundation, the Founder, Alvan Azinna Chibuzo Ikoku, its official persons, as well as other appointed, contracted, employed or otherwise engaged agents, employees, fiduciaries, volunteers, workers, and equivalent officially authorized to engage in such activities and decisions;
3.10.1.3.3. Administrative Areas
the administrative areas, offices, parts, sections, spaces, and equivalent of The C&C Ikoku Foundation, the Founder, Alvan Azinna Chibuzo Ikoku, its official persons, as well as the aforementioned agents, employees, fiduciaries, volunteers, workers, and equivalent;
3.10.1.3.4. Administrative Equipment, Technologies
the computers, devices, equipment, servers, software, storage, technologies, and equivalent of The C&C Ikoku Foundation;
3.10.1.3.5. Administrative Properties, Revenue
the assets, funds, monies, properties, revenue, and equivalent accrued, acquired, contained, developed, operationalized, stored or otherwise deployed, processed or utilized in relation to all of the aforementioned;
3.10.1.3.6. As Administered by Founder
with the Founder, Alvan Azinna Chibuzo Ikoku, as the sole person with powers of administration over any and all of the aforementioned, including powers required to access, acquire, administer, authorize, control, designate, determine, and provide access to any aspect of the aforementioned as well as powers required to coordinate or delegate any aspect of such administration;
3.10.1.3.7. As Determined by Founder
all of the aforementioned as acquired, donated, financed, purchased, received or otherwise engaged by means of The C&C Ikoku Foundation and as administered, approved, authorized, designated, determined and documented as such solely by the Founder, Alvan Azinna Chibuzo Ikoku;
3.10.1.3.8. As Distinct, Separate from Personal
with the further requirement that The C&C Ikoku Foundation ensure The C&C Ikoku Foundation Administration is administratively and organizationally distinct and separate from that which is personal in effect, function, nature, use, or equivalent, with highly restricted points of access or other activity between the two, as authorized only by the Founder;
3.10.1.3.9. As Distinct, Separate from Public
with the further requirement that The C&C Ikoku Foundation ensure The C&C Ikoku Foundation Administration is administratively and organizationally distinct and separate from that which is public in effect, function, nature, use, or equivalent, with highly restricted points of access or other activity between the two, as authorized only by the Founder;
3.10.1.3.10. As Non-Extension
with the further requirement that The C&C Ikoku Foundation ensure nothing that is personal or public is administered or otherwise construed as extensions of The C&C Ikoku Foundation or The C&C Ikoku Foundation Administration, and furthermore, any official activities, documented decisions, and other work of The C&C Ikoku Foundation Administration are conducted at, by, via or within The C&C Ikoku Foundation Administration, and whenever — in restricted circumstances authorized only by the Founder — such activities, decisions, or work are conducted via personal or public areas, devices, equipment, spaces, or equivalent, such areas, devices, equipment, spaces, or equivalent are not administered or otherwise construed as extensions of The C&C Ikoku Foundation or The C&C Ikoku Foundation Administration;
3.10.1.3.11. As Subject to Confidentiality
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally confidential and thus subject to policies, principles, processes, and protections for confidentiality, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.12. As Subject to Independence
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally independent and thus subject to policies, principles, processes, and protections for independence, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.13. As Subject to Integrity
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally intact and internal and thus subject to policies, principles, processes, and protections for integrity, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.14. As Subject to Privacy
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally private and thus subject to policies, principles, processes, and protections for privacy, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.15. As Subject to Safety
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally safe and thus subject to policies, principles, processes, and protections for safety, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.16. As Subject to Security
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally secure and thus subject to policies, principles, processes, and protections for security, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.17. As Subject to Sensitivity
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is treated as administratively and organizationally sensitive and thus subject to policies, principles, processes, and protections for sensitivity, as provided for in the Codes and Policies and applicable law and regulation;
3.10.1.3.18. As Subject to Unity
with the further requirement that The C&C Ikoku Foundation ensure any access or other conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation Administration is administratively and organizationally unified and thus subject to policies, principles, processes, and protections for unity, as provided for in the Codes and Policies and applicable law and regulation.
‘Affiliate’ and ‘Affiliation’
— 3.10.1.4. reference to and use of the terms “affiliate” and “affiliation” mean and refer only and specifically to:
3.10.1.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.4.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official affiliate or affiliation of The C&C Ikoku Foundation;
3.10.1.4.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Agent’
— 3.10.1.5. reference to and use of the term “agent” mean and refer only and specifically to:
3.10.1.5.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.5.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official agent of The C&C Ikoku Foundation;
3.10.1.5.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Agreement’
— 3.10.1.6. reference to and use of the term “agreement” mean and refer only and specifically to:
3.10.1.6.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.6.2. Where Preceded by Operating
further defined so that where preceded by the descriptor, “operating,” to mean and refer only and specifically to the Operating Agreement of a limited liability company;
3.10.1.6.3. Where Capitalized
further defined so that where preceded capitalized as “Agreement,” to mean and refer only and specifically to a Conduct and Use Agreement, whose nature is to serve as a Code of Conduct and User Agreement between an entity and a natural person engaging in conduct, service, use, or visit relating to such entity;
3.10.1.6.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official agreement of The C&C Ikoku Foundation;
3.10.1.6.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Applicable Law, Regulation’
— 3.10.1.7. reference to and use of the terms “applicable law” and “applicable regulation” mean and refer only and specifically to:
3.10.1.7.1. Mandatory Law and Regulation
a mandatory law and a mandatory regulation;
Government of Competent Jurisdiction
of an official government of competent jurisdiction agreed to by The C&C Ikoku Foundation and the Founder;
3.10.1.7.2. Specified Application or Interpretation
whose application or interpretation has been appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand;
3.10.1.7.3. Standard Compliance Means
the compliance to which is conducted only via standard means – that is, approved and employed by and for all, equally – of communication, review, and sanction between the official government and entities under its jurisdiction;
3.10.1.7.4. Broad Effect
whose effect broadly regulates the economy, field, industry, profession, sector, or equivalent in which The C&C Ikoku Foundation operates and in which the act or activity in question or under review is conducted;
3.10.1.7.5. Judicial Review
whose application and interpretation regularly undergoes judicial review in official bodies, courts, and tribunals of competent jurisdiction agreed to by The C&C Ikoku Foundation and the Founder;
3.10.1.7.6. Neither Discriminatory nor Targeting
whose application, crafting, design, enforcement, interpretation, passage, or equivalent does not entail or result in any discriminatory or targeting effect or intent with respect to The C&C Ikoku Foundation or the Founder.
‘Appointee’ and ‘Appointment’
— 3.10.1.8. reference to and use of the terms “appointee” and “appointment” mean and refer only and specifically to:
3.10.1.8.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.8.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official appointee or appointment of The C&C Ikoku Foundation;
3.10.1.8.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Arguably’ and ‘Clearly’
— 3.10.1.9. reference to and use of the terms “arguably,” in the context of phrases such as “arguably lawful or unlawful” and their equivalent, mean and refer only and specifically to:
3.10.1.9.1. Specified Argument, Reasoning
a specifying instance of argumentation, deliberation, reasoning, or equivalent
3.10.1.9.2. Specified Assertion, Conjecture
that, in fact, asserts, conjectures, or hypothesizes as to the probability that
3.10.1.9.3. Specified Application, Interpretation
an application or interpretation of a law, policy, regulation, or equivalent — appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand —
3.10.1.9.4. Would Meet Definition of Applicable
would meet the standards for “applicable” as defined in the Codes and Policies
3.10.1.9.5. Would Meet Definition of Clearly
and would additionally meet the standards for “clearly” as defined in the Codes and Policies.
— 3.10.1.10. reference to and use of the terms “clearly,” in the context of phrases such as “clearly lawful or unlawful” and their equivalent, mean and refer only and specifically to:
3.10.1.10.1. Specified Citation, Reference
a specifying instance of citation, reference, or equivalent
3.10.1.10.2. Specified Confirmation, Proof
that, in fact, confirms as to the actuality or proof that
3.10.1.10.3. Specified Application, Interpretation
an application or interpretation of a law, policy, regulation, or equivalent — appropriately specified to the relevant and specific industry and organizational context and set of facts for the issue or matter at hand —
3.10.1.10.4. Has Met Definition of Applicable
has met the standards for “applicable” as defined in the Codes and Policies
3.10.1.10.5. Has Undergone Judicial Review
and has recently — or even expressly — undergone full judicial review as described in the Codes and Policies.
‘Authorization’ and ‘Authorized’
— 3.10.1.11. reference to and use of the terms “authorization,” “authorize,” and “authorized” mean and refer only and specifically to:
3.10.1.11.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.1.11.2. When Ikoku Foundation, Only via Founder
when indicated as an act or activity of The C&C Ikoku Foundation, only as executed by the Founder, Alvan Azinna Chibuzo Ikoku;
3.10.1.11.3. Only via Founder Instrument
and solely via the express, explicit, fully informed, independent and specific knowledge, review, consent, approval, and final authorization of the Founder, itself executed only via the Founder’s expressly written instrument signed and sealed, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— B
‘Being,’ ‘Body,’ ‘Brain’
— 3.10.2.1. reference to and use of the terms “being,” “body,” and “brain” (entailing “mind”) mean and refer only and specifically to:
3.10.2.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.1.2. When Individual, Only Individual
when indicated as belonging to or part of a human or individual, only those aspects of the one human or individual, including that being’s, body’s, or brain’s (as well as mind’s) activities, contents, and constituents;
3.10.2.1.3. Not Collective, Other
and not to be construed as belonging to or part of any collective, communion, community, extension, externality, nor any other entity, human, individual, person, or equivalent.
‘Beneficiaries’ and ‘Communities’
— 3.10.2.2. reference to and use of the terms “beneficiaries,” “communities,” and “publics” mean and refer only and specifically to:
3.10.2.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.2.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of, served or otherwise supported by The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be official beneficiaries, communities, or publics of The C&C Ikoku Foundation;
3.10.2.2.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent;
3.10.2.2.4. When Ikoku Foundation, Only if Abiding
with the understanding that a given individual may be considered as part of said beneficiaries, communities, or publics only if and when abiding by the Conditions of Founding, the Conditions of Governance, and the most human, humane and respectful interpretations of the policies, principles, and protections of absolute confidentiality, privacy, and sanctity.
‘Benign’
— 3.10.2.3. reference to and use of the term “benign” mean and refer only and specifically to:
3.10.2.3.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.3.2. As Further Restricted
as further restricted, in the context of conduct or service at The C&C Ikoku Foundation, to mean and refer to conduct, service, biospecimens, data and information, human subjects research, their administration and processing, and any activities, aspects, interactions, interventions, means, or procedures of the aforementioned that have undergone rigorous risk assessment and determined to be (a) brief in duration; (b) harmless; (c) painless; (d) not physically invasive; (e) not likely to have a significant adverse lasting impact on the human subject or person concerned; and (f) not demeaning, embarrassing, emotionally abusive, distressing or offensive.
‘Books’ and ‘Documents’
— 3.10.2.4. reference to and use of the terms “books” (entailing “records”) and “documents” (entailing “instruments”) mean and refer only and specifically to:
3.10.2.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.2.4.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be the official books (entailing records) or documents (entailing instruments) of The C&C Ikoku Foundation;
3.10.2.4.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— C
‘Certificate of Formation’
— 3.10.3.1. reference to and use of the term “certificate of formation” mean and refer only and specifically to:
3.10.3.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.1.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and originally made, amendable and amended from time to time, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be the official Certificate of Formation of The C&C Ikoku Foundation;
3.10.3.1.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Charge,’ ‘Fee,’ ‘Subscription’
— 3.10.3.2. reference to and use of the terms “charge,” “fee,” and “subscription” mean and refer only and specifically to:
3.10.3.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.2.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized charge, fee, or subscription of The C&C Ikoku Foundation;
3.10.3.2.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Charity’ and ‘Philanthropy’
— 3.10.3.3. reference to and use of the terms “charity,” “nonprofit,” “philanthropy,” and “public benefit” as well as “charitable” and “philanthropic” mean and refer only and specifically to:
3.10.3.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.3.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official charitable, nonprofit, philanthropic or public benefit activity or arrangement of The C&C Ikoku Foundation;
3.10.3.3.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent;
3.10.3.3.4. When Ikoku Foundation, Solely Ikoku Philanthropies
further restricted such that where such activity or arrangement is authorized, it is in highly restricted and selective instances, and conducted solely via The Ikoku Philanthropies, a division of The Alvan Ikoku Group LLC;
3.10.3.3.5. When Ikoku Foundation, Solely Services
further restricted such that where authorized, the charitable, nonprofit, philanthropic or public benefit activity or arrangement is conducted only in the form of services rendered by The Ikoku Philanthropies, and not monetary income or investment, real or intellectual property, or equivalent;
3.10.3.3.6. Authorization with Each Service
further restricted such that each form and instance of such service requires the Founder’s specifying authorization and, where applicable, a resolution of any relevant Board;
3.10.3.3.7. Sole Fundraiser on Record
further restricted such that where fundraising benefit or services is conducted or effected, only The Ikoku Philanthropies and the Founder, Alvan Azinna Chibuzo Ikoku, are the sole fundraisers on record, with compensation for such fundraising benefit or services (at a standard or, if greater, negotiated percentage rate of gross funds and other assets raised) provided only to The Ikoku Philanthropies and the Founder;
3.10.3.3.8. No Other Indication, Intent
further restricted such that no other conduct or service — including any activity, agent, arrangement, or involved material or matter — is capable of being accepted or construed or otherwise serving as an indication of intent for any assets, contributions, distributions, donations, funds, income, properties, resources, or any charitable, nonprofit, philanthropic or public benefit activity or arrangement, on the part of The C&C Ikoku Foundation or the Founder; and with any such interpretation being expressly contrary to the intent of the Founder, of any properly authorized charitable, nonprofit, philanthropic or public benefit activity or arrangement, and of the mission and purposes as well as the Codes and Policies of The C&C Ikoku Foundation;
3.10.3.3.9. Special Note, Ikoku Trusts, Foundations
furthermore, it must be noted that any such charitable, nonprofit, philanthropic or public benefit activity or arrangement will likely incur additional fiduciary duties and standards of care and conduct; and specifically, in the case of any such activity or arrangement The C&C Ikoku Foundation and the Founder may properly authorize (as described above) with The Chinyere and Chinelo Ikoku Charitable Trusts or The Alvan Azinna Chibuzo Ikoku Foundation, such additional fiduciary duties and standards of care and conduct are as defined and delineated by the Founder in pertinent founding and governing documents, and it is the additional responsibility of the Founder, President and each Trustee, Director, Officer, and agent involved in such activity or arrangement to abide by such fiduciary duties and standards of care and conduct.
‘Civil Liberty, Right’
— 3.10.3.4. reference to and use of the terms “civil liberty” and “civil right” mean and refer only and specifically to:
3.10.3.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.4.2. As Applicable Law, Regulation
given that civil liberties and rights are those accorded to persons by their polities, the meaning of those terms as also including the clauses delineated in the definition for “applicable law and regulation.”
3.10.3.4.3. Where State Infringement Specified
with further understanding that — where the applicable law or regulation or attendant jurisprudence according a civil liberty or right specifies infringement limitation to government or state actions, actors, agents, entities, offices, or persons — neither The C&C Ikoku Foundation nor the Founder (which are not and do not include political, public or state persons) can be determined or held to be infringing on the civil liberty or right; compliance with the Codes and Policies and applicable law and regulation is to be adjudicated accordingly; and both The C&C Ikoku Foundation and the Founder — as well as all other persons relating to them — are to refrain from effecting or facilitating any government or state activity, claim, collaboration, coordination, conduct, recommendation, or request juridically held to infringe a civil liberty or right.
‘Clinical, Research Trial’
— 3.10.3.5. reference to and use of the terms “clinical trial” and “research trial”mean and refer only and specifically to:
3.10.3.5.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.5.2. Where Systematic, Generalizable
further defined to mean and refer to a research or investigation study in which one or more human subjects are prospectively assigned to one or more interactions or interventions (which may include placebo or other control) to evaluate the effects of the interactions or interventions on biomedical, behavioral, physiological, psychological or technological outcomes.
3.10.3.5.3. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized clinical trial or research trial of The C&C Ikoku Foundation;
3.10.3.5.4. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Codes’ and ‘Policies’
— 3.10.3.6. reference to and use of the terms “codes” and “policies” mean and refer only and specifically to:
3.10.3.6.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.6.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and originally made, amendable and amended from time to time, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be the official Codes and Policies of The C&C Ikoku Foundation;
3.10.3.6.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Communication, Electronic’
— 3.10.3.7. reference to and use of the terms “communication” and “electronic communication,” including “electronic mail” and “electronic messaging,” mean and refer only and specifically to:
3.10.3.7.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.7.2. Clear, Legible
further restricted to mean and refer to an instrument that is expressly written, clearly legible and requires no inference (or “guesswork”) as to its content, meaning, purpose, recipient, sender, source, or writer;
3.10.3.7.3. Creates Record, Received
further restricted to mean and refer to an instrument creating a record that can without difficulty be retained, retrieved and reviewed by a recipient thereof, and if appropriate by other persons thereafter, through an automated process;
3.10.3.7.4. Creates Record, Reproducible
further restricted to mean and refer to an instrument creating a record that can without difficulty be directly reproduced in clearly legible paper form by such a recipient, and if appropriate by other persons thereafter, through an automated process;
3.10.3.7.5. Creates Record, Renderable
further restricted to mean and refer to an instrument creating a record that can without difficulty thereafter be similarly rendered into clearly legible tangible form by such a recipient, and if appropriate by other persons thereafter, through an automated process;
3.10.3.7.6. Means, Authorized
further restricted to mean and refer to an instrument whose form and means of communication and transmission have been authorized for the specified conduct or service — including any activity, agent, arrangement, or involved material or matter — relating to The C&C Ikoku Foundation, solely by the Founder and by the Founder’s authorization;
3.10.3.7.7. Means, Consented
further restricted to mean and refer to an instrument whose form and means of communication and transmission have been consented to for the specified conduct or service — including any activity, agent, arrangement, or involved material or matter — relating to The C&C Ikoku Foundation, by all correspondents, recipients, senders, writers, and other persons concerned;
3.10.3.7.8. Means, Consent, Revocable
further restricted to mean and refer to an instrument whose delivery is validly conducted and completed, and any contracts or agreements thereof dependably enforceable, only if delivered to a recipient who has provided revocable though unrevoked and written consent to the use of such form and means of transmission and communication for the specified purpose relating to The C&C Ikoku Foundation;
3.10.3.7.9. Means, Consent, Statement
further restricted to mean and refer to an instrument whose delivery is validly conducted and completed, and any contracts or agreements thereof dependably enforceable, only if — in addition to satisfying the aforementioned conditions as well as the requirements for consent — the recipient consent to the form and means of transmission and communication has been preceded by or includes a clear written statement to the recipient as to:
3.10.3.7.9.2. Means, Consent, Statement, Applicability
(a) whether the consent applies only to that communication and transmission, to specified categories of communications and transmissions, or to all communications and transmissions relating to The C&C Ikoku Foundation;
3.10.3.7.9.1. Means, Consent, Statement, Rights
(b) any right of the recipient to have the record provided or made available on paper or in nonelectronic form;
3.10.3.7.9.3. Means, Consent, Statement, Withdrawal
(c) the procedures the recipient must use to withdraw consent;
3.10.3.7.10. Means, Electronic
further restricted to have the terms “electronic communication” and “transmission” be permitted, and so mean and refer to:
3.10.3.7.10.1. Means, Electronic, Mail
(i) electronic mail when directed to the consented and correct electronic mail address for that recipient as it appears listed on the records of The C&C Ikoku Foundation;
3.10.3.7.10.2. Means, Electronic, Message
(ii) electronic text message when directed to the consented and correct electronic text message address or number or computer, mobile or web application account for that recipient as it appears listed on the records of The C&C Ikoku Foundation;
3.10.3.7.10.3. Means, Electronic, Network, Noticeboard
(iii) electronic network or noticeboard when directed to the consented and correct computer, mobile or web application network or board that The C&C Ikoku Foundation has designated for such communication and transmission, and optionally, with a separate notice to the recipient of the posting;
3.10.3.7.10.4. Means, Electronic, Telecopy, Facsimile
(iv) facsimile, fax, or telecopy communication and transmission, when directed to the consented and correct facsimile number for that recipient as it appears listed on the records of The C&C Ikoku Foundation;
3.10.3.7.11. Where Identifying, Personal
with the understanding that any communication, electronic or not, may be identifying if it is attributable to a specific natural person, has not undergone processes of irreversible anonymization and aggregation, and so has remained or returned to being personal;
3.10.3.7.12. Where Identifying, Protected
with the result that any such personal and nonpublic communication, as well as its access, collection, and other processing, require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such protection, if warranted, has been and remains properly and truly conducted;
3.10.3.7.13. Without Infringement
with the further understanding that no means of communication, notice, notification, or transmission relating to The C&C Ikoku Foundation can, may in itself entail any violation of confidentiality or privacy or any significant risk to the basic, civil and fundamental rights of a natural person — nor may the performance of any official agreements, contracts, duties or responsibilities of The C&C Ikoku Foundation require such infringing means of communication, notice, notification, or transmission; and where the conditions above and in the Codes and Policies have not been met The C&C Ikoku Foundation considers such communication, notice, notification, or transmission to have not been authorized and require that both the Founder be notified immediately and a remedy of the situation be promptly achieved.
‘Confidential’ and ‘Confidentiality’
— 3.10.3.8. reference to and use of the terms “confidential” and “confidentiality” mean and refer only and specifically to:
3.10.3.8.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.8.2. As Agreed, Consented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, consented or otherwise understood to be confidential or requiring confidentiality;
3.10.3.8.3. As Demarcated, Designated
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is demarcated, designated or otherwise understood to be confidential or requiring confidentiality;
3.10.3.8.4. As Discussed, Expected
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is discussed, expected or otherwise understood to be confidential or requiring confidentiality, especially where an involved person expects that such matter will not be made public or shared with another person;
3.10.3.8.5. As Handled, Processed
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is handled, processed or otherwise understood to be confidential or requiring confidentiality;
3.10.3.8.6. As Routinely, Standardly
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is normally, routinely, standardly or otherwise typically confidential or requiring confidentiality;
3.10.3.8.7. As Unknown, Generally
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is not generally, publicly and widely confirmed as knowledge via indisputable sources made generally, publicly and widely available and generally, publicly and widely acknowledged as fact by the identifiable natural person involved;
3.10.3.8.8. Where Expected, Requested
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects or requests that no access, monitoring, observation, recording, transmission, or equivalent occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the violation of such expectation unlawful, unconstitutional, illegal, and, in certain instances, criminal;
3.10.3.8.9. Where Not Consented, Unconsented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects to meaningfully provide consent, to be able to refuse or revoke consent, has not consented, or has revoked consent to allowing any access, monitoring, observation, recording, transmission, or equivalent to occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the absence or violation of such consent unlawful, unconstitutional, illegal, and, in certain instances, criminal;
3.10.3.8.10. Where Personal, Private, Sensitive
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, requested or otherwise understood to be personally identifying and private or requiring privacy, or sensitive or requiring sensitivity;
3.10.3.8.11. With Examples
examples of which include, but are not limited to, materials and matters not mandatorily required to be disclosed or public relating to the administration of The C&C Ikoku Foundation; those relating to the being, body, brain or mind, or the self, soul, or spirit of individual persons; those relating to the biometrics or biospecimens of persons; those relating to the characteristics or attributes of persons; those relating to the education or training of persons; those relating to evaluations or applications of persons; those relating to the finances or properties of persons; those relating to the health or care of persons; those relating to the identity or security of persons; those relating to investigative or legal proceedings of persons; those relating to the location or movements of persons; those relating to the research or study of persons; those relating to the status of persons protected by applicable law or regulation, with such persons especially including the Founder as well as any actual or potential appointee, contractor, donor, employee, fiduciary, manager, officer, partner, recipient, sponsor, third party, volunteer, or other agent of The C&C Ikoku Foundation.
‘Consent’ and ‘Consented’
— 3.10.3.9. reference to and use of the terms “consent” and “consented” mean and refer only and specifically to:
3.10.3.9.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.9.2. As Authorized, Compliant
further restricted to be only an indication on a written communication or instrument authorized for the specific consent purposes of The C&C Ikoku Foundation, solely via the Founder’s authorization, and properly asking the informed consent of a natural person concerned in a manner that meets the following required standards:
3.10.3.9.3. As Decision, Permission, Activity
the communication or instrument explicitly states a natural or legal person’s decision and wishes regarding permission for a specified activity or specified form of activity;
3.10.3.9.4. If Consent, Affirmative, Clear
if permission is granted by the person (“consent”), the communication or instrument explicitly states that such consent is affirmative, clear and unambiguous;
3.10.3.9.5. If Consent, Freely Given, Meaningful
the communication or instrument explicitly states that the above consent is freely given and meaningful;
3.10.3.9.6. If Consent, Reasonably Informed
the communication or instrument explicitly states that the above consenting person is reasonably informed before, during and after the consent process and decisions;
3.10.3.9.7. If Consent, Revocable, Unrevoked
the communication or instrument explicitly states that the above consent is clearly unrevoked, though revocable;
3.10.3.9.8. Prior, Request, Accessible, Clear, Informing
the communication or instrument has been preceded by or includes an accessible, clear, easily legible and understandable, informing and written request for the above consent;
3.10.3.9.9. Prior, Statement, Applicability
the communication or instrument has been preceded by or includes a clear written statement to the consenting person as to whether the consent applies only to that specified activity, to specified categories or forms of that activity, or to all activity relating to The C&C Ikoku Foundation;
3.10.3.9.10. Prior, Process, Revocation
and the communication or instrument has been preceded by or includes a clear written statement to the consenting person as to the procedures such person may use to revoke or withdraw consent;
3.10.3.9.11. Prior, Statement, Rights
the communication or instrument has been preceded by or includes a clear written statement to the consenting person as to any right of such person to have and retain a record of the agreed consent in electronic, paper and in nonelectronic form;
3.10.3.9.12. Procedurally, Organizationally Confirmed
all of the above as confirmed – even repeated, where appropriate – via processes conducted by The C&C Ikoku Foundation, via the Founder’s authorization, and not to be substituted by processes conducted by other persons;
3.10.3.9.13. Precluding Oral, Vocal, Nonwritten
none of the above – nor its supposed agreement – being acceptable as consent when indicated, provided or otherwise received orally or vocally or via any form other than written;
3.10.3.9.14. Precluding Presumed
none of the above – nor its supposed agreement – being acceptable as consent when presumed or equivalent;
3.10.3.9.15. Provisions, Data, Information
furthermore, as required to meet standards delineated for personal data and information in the Policy on Data and Information;
3.10.3.9.16. Provisions, Human Subjects Research
furthermore, as required to meet standards delineated for human subjects research in the Policy on Human Subjects Research.
‘Contract’ and ‘Contractor’
— 3.10.3.10. reference to and use of the terms “contract,” “contractee,” and “contractor” mean and refer only and specifically to:
3.10.3.10.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.3.10.2. As Drawn, Signed for Official Activity
further restricted to mean and refer to a written legal instrument expressly drawn up to delineate specific terms for an official act, activity, arrangement, or service — to be expressly considered and consented to by a resultant agreer and signatory — with no other instrument, including the Codes and Policies, capable of being thus expressly and specifically accepted or construed or otherwise serving as its equivalent;
3.10.3.10.3. When Ikoku Foundation, Only via Founder
when indicated as an act or activity of The C&C Ikoku Foundation, or a resultant agreer or signatory to said contract, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official contract of The C&C Ikoku Foundation and a legally bound contractee or contractor
3.10.3.10.4. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— D
‘Data Aggregation’
— 3.10.4.1. reference to and use of the terms “data aggregation” and “aggregated data” mean and refer only and specifically to:
3.10.4.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.1.1. As Processing, Deidentification, Transformation
further defined to mean and refer to processing where raw data and information are accessed and collected, deidentified and compiled, then transformed — from individual data points and persons to categories and ranges — and thus rendered in a summary form for statistical analysis;
3.10.4.1.2. As Processing, Expected Anonymization
further defined to mean and refer to such processing where anonymization (along with transformation) is often expected, preferred and, at times, required;
3.10.4.1.3. As Processing, Sets, Statistical Analysis
and further, where such aggregation of raw data and information is conducted to provide numerical and non-numerical insights, insights about a specific action or characteristics over time, opportunities for comparison with and across other similarly aggregated or prepared datasets, and greater opportunities for analysis, compiling and merging with multiple other similarly aggregated or prepared datasets.
‘Data Review Board’
— 3.10.4.2. reference to and use of the term “data review board” (also the “DRB”) mean and refer only and specifically to:
3.10.4.2.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.2.2. As Board, Data Ethics
further restricted to mean and refer to a board for data and information ethics evaluation;
3.10.4.2.3. As Board, Policy Duties
which is constituted and maintained in accordance with the Policy on Data and Information and for the purposes of determination, review, and approval or non-approval as provided for in this Policy;
3.10.4.2.4. For DRB Approval
with the understanding that reference to and use of the term “data review board approval” (also “DRB approval”) mean and refer only and specifically to determinations of the DRB that the data or information or their processing has been reviewed and may be conducted or otherwise processed at, by or in a specific part, product, section, service, or site of The C&C Ikoku Foundation within the constraints set forth by the DRB, the Policy on Data and Information, the Codes and Polices, and applicable law and regulation.
‘Decision’ and ‘Decision-Making’
— 3.10.4.3. reference to and use of the terms “decision” and “decision-making” mean and refer only and specifically to:
3.10.4.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.3.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official decision or decision-making process of The C&C Ikoku Foundation;
3.10.4.3.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘De-identification’
— 3.10.4.4. reference to and use of the terms “de-identification,” “de-identifying,” and “de-identified” mean and refer only and specifically to:
3.10.4.4.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.4.4.2. As Data Processing, Research
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any personal biospecimen, data, or information by means or method that, presently, no longer results in identification, either directly or indirectly;
3.10.4.4.3. As De-linking, Uncoupling
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any personal biospecimen, data, or information by means or method that de-links or uncouples the connection between the personal biospecimen, data, or information and the identity of the person concerned, but also keeps identifying information that can — relatively easily or quickly — be recoupled or re-linked in certain situations and for certain purposes;
3.10.4.4.4. Where Identifying, Personal
with the understanding that any such biospecimen, data, or information that has undergone a process of de-identification or been described as “de-identifying” or “de-identified” remains personal, since it could still be used to identify a natural person concerned, for example, when combined with additional information like a security code, key, number, password, or question;
3.10.4.4.5. Where Identifying, Protected
with the result that any such de-identified personal biospecimen, data, or information, as well as its access, collection, and other processing, require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation; for this reason, natural persons concerned should still, per Policy, ensure and verify that such de-identification has been and remains properly and truly conducted;
3.10.4.4.6. With Definition Distinctions
hence The C&C Ikoku Foundation’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
— E
‘Employee’ and ‘Employment’
— 3.10.5.1. reference to and use of the terms “employee” and “employment” mean and refer only and specifically to:
3.10.5.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.5.1.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official employee or employment of The C&C Ikoku Foundation;
3.10.5.1.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Executive’ and ‘Officer’
— 3.10.5.2. reference to and use of the terms “executive” and “officer” mean and refer only and specifically to:
3.10.5.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.5.2.2. When Ikoku Foundation, Only the Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku;
3.10.5.2.3. No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Executive” and the “sole Officer”).
— F
‘Fiduciary,’ ‘Director,’ ‘Trustee’
— 3.10.6.1. reference to and use of the terms “fiduciary,” “director,” and “trustee” mean and refer only and specifically to:
3.10.6.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.6.1.2. When Ikoku Foundation, Only the Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku;
3.10.6.1.3. No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Director” and the “sole Trustee”).
‘Founder’ and ‘Controller’
— 3.10.6.2. reference to and use of the terms “founder” and “owner” mean and refer only and specifically to:
3.10.6.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.6.2.2. When Ikoku Foundation, Only One Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku;
3.10.6.2.3. No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Founder” and the “sole Controller”).
— G
‘Government, Judicial Review’
— 3.10.7.1. reference to and use of the terms “government review” and “judicial review” mean and refer only and specifically to:
3.10.7.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.7.1.2. By Official Body, Court, Tribunal
further restricted to mean and refer to full review of the issue in question — including, where appropriate, an appeals process or equivalent — by official bodies, courts, and tribunals of an official government and competent jurisdiction agreed to by The C&C Ikoku Foundation and the Founder, Alvan Azinna Chibuzo Ikoku, solely via the Founder’s authorization;
3.10.7.1.3. Per Applicable Law, Regulation
further restricted to mean and refer to the above review as conducted via application and equivalent interpretation of applicable law and regulation;
3.10.7.1.4. Proceeding, Result, Clearly Lawful
further restricted to mean and refer to the above review as conducted via a proceeding and result that is “clearly lawful” or equivalent, such as “clearly constitutional” and “clearly ethical,” especially where all due process rights and protections, other judicial and justice rights and protections, and other rights and protections, such as those pertaining to confidentiality and privacy, are fully enjoyed by The C&C Ikoku Foundation and the Founder;
3.10.7.1.5. Prior, Informing Notice
further restricted to mean and refer to the above review, where the onset of official proceedings are preceded by legally sufficient written notice properly and successfully served to The C&C Ikoku Foundation and the Founder, where, furthermore, both are directly, fully and immediately informed of the specifics of the issue in question, claimed or to be determined and of the specifics of the official proceeding, including confirmation of such proceeding via written instrument signed and sealed of the official body, court, or tribunal of competent and agreed jurisdiction;
3.10.7.1.6. Sufficient Opportunity, Response, Defense
further restricted to mean and refer to the above review, where prior to the onset of any body, court or tribunal proceeding and any attendant determination, finding, holding, judgment, or equivalent, The C&C Ikoku Foundation and the Founder are given sufficient opportunity to prepare and provide counter, defense, remedy, or other response, with respect to the body, court or tribunal proceeding and to the specifics of the issue in question, claimed or to be determined;
3.10.7.1.7. Where Communication, Informing
further restricted to mean and refer to the above review, where The C&C Ikoku Foundation and the Founder are directly, fully and immediately informed of any subsequent decision, determination, finding, holding, judgment, or equivalent, and any attendant damages, interests, or equivalent remunerative or substantive award or relief, by written instrument signed and sealed of the body, court or tribunal of competent and agreed jurisdiction;
3.10.7.1.8. Where Determination, Limited Jurisdiction
and further restricted to mean and refer to the above review, where any decision, determination, finding, holding, judgment, or equivalent, and any attendant damages, interests, or equivalent remunerative or substantive award or relief is limited in effect to the competent and agreed jurisdiction of the body, court, or tribunal, without affecting, in any way, the specified issue in question or under review in any other jurisdiction.
— H
‘Harm’ and ‘Hazard’
— 3.10.8.1. reference to and use of the term “harm” and “hazard” (entailing associated concerns for “safety” and “sustainability”) mean and refer only and specifically to:
3.10.8.1.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.8.1.2. As Evidence-Based
further restricted to mean and refer only to evidence-based harm and hazard to ecologies, environs, persons, and properties, and only to evidence-based means of preventing or remedying such harm and hazard;
3.10.8.1.3. As Legally Proven
further restricted to mean and refer only to legally proven harm and hazard to ecologies, environs, persons, and properties, and only to legally proven means of preventing or remedying such harm and hazard;
3.10.8.1.4. As Scientifically Proven
and further restricted to mean and refer only to scientifically proven harm and hazard to ecologies, environs, persons, and properties, and only to scientifically proven means of preventing or remedying such harm and hazard.
‘Health Care Operations’
— 3.10.8.2. reference to and use of the term “health care operations” mean and refer only and specifically to:
3.10.8.2.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.8.2.2. Health Care Administration, Management
further defined to entail business management and general administrative activities of the health care entity, including, but not limited to: (a) management activities relating to implementation of and compliance with the requirements of regulation; (b) customer service, including the provision of data analyses for policy holders, plan sponsors, or other customers, provided that protected health information is not disclosed to such policy holder, plan sponsor, or customer; (c) resolution of internal grievances; (d) sale, transfer, merger, or consolidation of all or part of the health care entity with another entity, or an entity that following such activity will become the health care entity and due diligence related to such activity; and (e) creating de-identified health information or a limited data set, and fundraising for the benefit of the health care entity;
3.10.8.2.3. Health Care Compliance
further defined to entail conducting or arranging for medical review, legal services, and auditing functions, including fraud and abuse detection and compliance programs;
3.10.8.2.4. Health Care Insurance
further defined to entail underwriting, enrollment, premium rating, and other activities related to the creation, renewal, or replacement of a contract of health insurance or health benefits, and ceding, securing, or placing a contract for reinsurance of risk relating to claims for health care (including stop-loss insurance and excess of loss insurance), provided that certain US-mandated requirements of are met, if applicable;
3.10.8.2.5. Health Care Personnel
further defined to entail reviewing the competence or qualifications of health care professionals, evaluating practitioner and provider performance, health plan performance, conducting training programs in which students, trainees, or practitioners in areas of health care learn under supervision to practice or improve their skills as health care providers, training of non-health care professionals, accreditation, certification, licensing, or credentialing activities;
3.10.8.2.6. Health Care Planning, Development
further defined to entail business planning and development, such as conducting cost-management and planning-related analyses related to managing and operating the entity, including formulary development and administration, development, or improvement of methods of payment or coverage policies;
3.10.8.2.7. Health Care Quality, Safety
and further defined to entail conducting quality assessment and improvement activities, including outcomes evaluation and development of clinical guidelines, provided that the obtaining of generalizable knowledge is not the primary purpose of any studies resulting from such activities; patient safety activities; population-based activities relating to improving health or reducing health care costs, protocol development, case management and care coordination, contacting of health care providers and patients with information about treatment alternatives; and related functions that do not include treatment.
‘Human Subject’
— 3.10.8.3. reference to and use of the terms “human subject,” “human subject under study,” and “human subject concerned” mean and refer only and specifically to:
3.10.8.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.8.3.2. As in Research, Investigation
further restricted to mean and refer to, in the context of research or investigation, a living individual or natural person about or from whom a researcher or investigator (whether non-professional, professional or student) conducting research or investigation;
3.10.8.3.2. As Directly Obtains, Processes
directly obtains biospecimens, data, or information through interaction or intervention with the individual, and analyzes, studies, uses or otherwise processes the biospecimens, data, or information;
3.10.8.3.3. As Indirectly Obtains, Processes
and analyzes, generates, obtains, studies, uses, or otherwise processes identifiable biospecimens, identifiable private or sensitive data, or identifiable private or sensitive information.
— I
‘Identification’ and ‘Identifier’
— 3.10.9.1. reference to and use of the terms “identification,” “identifiable,” “identified,” “identifier,” and “identifying” mean and refer only and specifically to:
3.10.9.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.1.2. Directly Identifying, Matter
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement — involving material or matter that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the material or matter; associating, attributing, or otherwise relating such person with the material or matter; or using the material or matter to communicate with or contact such person;
3.10.9.1.3. Directly Identifying, Means
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — via means or method that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the means or method; associating, attributing, or otherwise relating such person with the means or method; or using the means or method to communicate with or contact such person;
3.10.9.1.4. Indirectly Identifying, Matter
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement — involving material or matter that in association with other matter or means may be used to, as above, contact, identify, or otherwise relate to a specific natural person concerned;
3.10.9.1.5. Indirectly Identifying, Means
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — via means or method that in association with other matter or means may be used to, as above, contact, identify, or otherwise relate to a specific natural person concerned;
3.10.9.1.6. Identifier, Identifying
further defined to mean and refer to the above instance or process of “identification” proceeding via the use of or reference to an “identifier” or a combination of “identifying information,” with examples of such identifiers or identifying data and information including material or matter that contains or reveals a location, name, number (identification, phone, serial), online identity (username), service or device identity (IP address), or behavioral, cultural, economic, financial, genetic, mental, physical, physiological, psychological, religious, social or spiritual characteristics or identity of a specific natural person;
3.10.9.1.7. Where Processing, Research
with the understanding that all of the aforementioned further applies in the context of data and information processing or research and investigation, to mean and refer to the access, collection, or other processing of any biospecimen, data, or information involving matter or means that does or may result in identification, either directly or indirectly;
3.10.9.1.8. With Identifiable Person
further defined to have an “identifiable person” mean and refer to a specific individual or natural person who can thus be directly or indirectly identified, with The C&C Ikoku Foundation also referring to such identifiable person as a “natural person who is a subject of, or identifiable by, the biospecimen, data, or information” as well as a “natural person concerned,” and such identifiable person also known as a “data subject” in the European Union’s GDPR law and included in the definition and use of “consumer” in the California Consumer Privacy Act (CCPA);
3.10.9.1.9. With Identifiable Specimen
further defined to have an “identifiable biospecimen” mean and refer to a biospecimen that results in identification, either directly or indirectly, with respect to a human subject or natural person; as well as a means or method of accessing, collecting, or otherwise processing an biospecimen that results in identification, either directly or indirectly, with respect to a human subject or natural person;
3.10.9.1.10. Where Identifying, Personal
with the understanding that such conduct or service — including any activity, agent, arrangement, or involved material or matter — are and remain personal, as defined in the Codes and Policies;
3.10.9.1.11. Where Identifying, Protected
with the understanding that such conduct or service — including any activity, agent, arrangement, or involved material or matter — require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation.
‘Informed’ and ‘Informing’
— 3.10.9.2. reference to and use of the terms “informed” and “informing” mean and refer only and specifically to:
3.10.9.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.2.2. As Authorized, Compliant
further restricted to be only a written communication, instrument, or notification authorized for the specific informing purposes of The C&C Ikoku Foundation, solely via the Founder’s authorization, and properly informing a natural person concerned in a manner that meets the following required standards:
3.10.9.2.3. Informing, Specific Activity
the communication, instrument, or notification explicitly states the ethical, lawful and specific conduct or service — including any activity, agent, arrangement, or involved material or matter — to be commenced or continued specifically relating to the person being informed;
3.10.9.2.4. Informing, Specific Aim
the communication, instrument, or notification explicitly states the ethical, lawful and specific aim, goal, objective, or purpose of the above conduct or service to be commenced or continued specifically relating to the person being informed;
3.10.9.2.5. Informing, Specific Benefits
the communication, instrument, or notification explicitly states the ethical, lawful and specific benefits to the person being informed of commencing and continuing the above conduct or service;
3.10.9.2.6. Informing, Specific Costs
the communication, instrument, or notification explicitly states the ethical, lawful and specific costs to the person being informed of commencing and continuing the above conduct or service;
3.10.9.2.7. Informing, Specific Duration and Time
the communication, instrument, or notification explicitly states the ethical, lawful and specific durations and time considerations involved in commencing and continuing the above conduct or service;
3.10.9.2.8. Informing, Specific Manner
the communication, instrument, or notification explicitly states the ethical, lawful and specific manner, means, method, or mode involved in commencing and continuing the above conduct or service;
3.10.9.2.19.Informing, Specific Materials
the communication, instrument, or notification explicitly states the ethical, lawful and specific materials — or categories or types of materials — involved in commencing and continuing the above conduct or service;
3.10.9.2.10. Informing, Specific Matters
the communication, instrument, or notification explicitly states the ethical, lawful and specific matters — or categories or types of matters — involved in commencing and continuing the above conduct or service;
3.10.9.2.11. Informing, Specific Persons
the communication, instrument, or notification explicitly states the ethical, lawful and specific persons — or categories or types of persons — involved in commencing and continuing the above conduct or service;
3.10.9.2.12. Informing, Specific Risks
the communication, instrument, or notification explicitly states the ethical, lawful and specific risks to the person being informed — including but not limited to harms and their effect, extent, likelihood, remedy — of commencing and continuing the above conduct or service;
3.10.9.2.13. Informing, Specific Safeguards
the communication, instrument, or notification explicitly states the ethical, lawful and specific safeguards and protections of the benefits and against risks to the person being informed of commencing and continuing the above conduct or service;
3.10.9.2.14. Informing, Specific Status
the communication, instrument, or notification explicitly states the ethical, lawful and specific procedures of keeping the person informed of the status of the above conduct or service to be commenced or continued;
3.10.9.2.15. Informing, Voluntary
the communication, instrument, or notification explicitly states the ethical, lawful and specific means by which the person may voluntarily give, maintain, or revoke informed consent for the above conduct or service to be commenced or continued;
3.10.9.2.16. Procedurally, Organizationally Confirmed
all of the above as confirmed – even repeated, where appropriate – via processes conducted by The C&C Ikoku Foundation, via the Founder’s authorization, and not to be substituted by processes conducted by other persons;
3.10.9.2.17. Precluding Oral, Vocal, Nonwritten
none of the above being acceptable as informing when indicated, provided or otherwise received orally or vocally or via any form other than written;
3.10.9.2.18. Precluding Presumed
none of the above being acceptable as informing when presumed or equivalent;
3.10.9.2.19. Provisions, Data, Information
furthermore, as required to meet standards delineated for personal data and information in the Policy on Data and Information;
3.10.9.2.20. Provisions, Human Subjects Research
furthermore, as required to meet standards delineated for human subjects research in the Policy on Human Subjects Research.
‘Infringement’ and ‘Violation’
— 3.10.9.3. reference to and use of the terms “infringement” and “violation” are employed interchangeably and mean and refer only and specifically to:
3.10.9.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.3.2. As Including Synonyms
each further defined to, where appropriate, also include synonyms such as “attack,” “breach,” “diminishment,” “disruption,” “hack,” “impediment,” “impingement,”“interference,” “manipulation,”“misuse,” “takeover,” “theft,” “trespass,” etc;
3.10.9.3.3. Of Policies, Properties, Protections
each further defined to, where appropriate, especially apply with respect to the Codes and Policies, applicable law and regulation, and equivalent, as well as to areas, assets, entities, interests, offices, operations, parts, products, properties, protections, rights, safeguards, security, services, sites, and equivalent.
‘Intellectual Property’
— 3.10.9.4. reference to and use of the term “intellectual property” mean and refer only and specifically to:
3.10.9.4.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.4.2. As Exemplified By
further defined to mean and refer to material and matter that typically exemplify intellectual and associated real property, such as the arts, articles of manufacture, compositions of matter, copyrights, designs, logos, machines, names, patents, processes, slogans, symbols, service- and trademarks, scholarship, writing, and equivalent;
3.10.9.4.3. As Including Protectable, Rights
further defined to mean and refer to any material or matter that is copyrightable, patentable, service- or trademarkable; that may be applied for and registered as a copyright, patent, service- or trademark, or equivalent; that may be licensed as any of the aforementioned; and that entails intellectual property and proprietary rights that may be enforced, infringed, managed, owned, shared, or equivalent;
3.10.9.4.4. When via Ikoku Foundation, of Ikoku Foundation
further defined to mean and refer to any real and intellectual property and proprietary rights whose creation or development, in any way, entails, involves, or proceeds via The C&C Ikoku Foundation, especially via any conduct or service at, by, for, in, of, with or otherwise relating to The C&C Ikoku Foundation — including any involved activity, agent, arrangement, or involved material or matter — with such being legally understood to be the real and intellectual property and proprietary rights of The C&C Ikoku Foundation, wholly owned and managed by the Founder, as provided for in the Policy on Intellectual Property;
3.10.9.4.5. When not via Ikoku Foundation, External IP
further defined so that “external intellectual property” mean and refer only and specifically to such intellectual property whose conception, creation, development, or other production does not, in any way, entail, involve, or proceed via The C&C Ikoku Foundation, or any conduct or service relating, in any way, to The C&C Ikoku Foundation — including any involved activity, agent, arrangement, or involved material or matter — with the understanding that such external intellectual property may be under license or other permission relating to The C&C Ikoku Foundation, and so administered by the Founder, as provided for in the Intellectual Property Policy and the Codes and Policies;
3.10.9.4.6. When Appearing as External IP
with the further understanding that any and all External Intellectual Property that appears on The C&C Ikoku Foundation, the divisions, series, subsidiaries, or affiliates, or the Products or Services, are made available by parties who have granted The C&C Ikoku Foundation or the Founder permission to use the material as it appears, or such external intellectual property appears under fair-use, unrestricted and worldwide or equivalent license to use; and where required by copyright law or license, proper attribution is included, indicating the copyright owner and the owner’s permission.
‘Interaction, Research’
— 3.10.9.5. reference to and use of the term “interaction” mean and refer only and specifically to:
3.10.9.5.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.5.2. As in Research, Investigation
further defined to mean and refer to, in the context of research or investigation, communication or interpersonal contact between a researcher or investigator and a human subject, either for research or investigation purposes or as part of activity determined to constitute research or investigation;
3.10.9.5.3. Benign
further defined to have, in the context of research or investigation, reference to and use of the terms “benign interactions” and “benign behavioral interactions” mean and refer to interactions that undergo rigorous research risk assessment and consent procedures, and subsequently confirmed in writing by the human subject, research review board, and researcher or investigator to be benign, as defined in the Codes and Policies;
3.10.9.5.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized interaction by or of The C&C Ikoku Foundation;
3.10.9.5.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Interest-, Share-, Stockholder’
— 3.10.9.6. reference to and use of the terms “interest-holder,” “shareholder,” “stakeholder,” and “stockholder” mean and refer only and specifically to:
3.10.9.6.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.6.2. When Ikoku Foundation, Only the Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku;
3.10.9.6.3. With No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Interest-holder” the “sole Shareholder” and the “sole Stockholder”).
‘Intern’ and ‘Volunteer’
— 3.10.9.7. reference to and use of the terms “intern” and “volunteer” mean and refer only and specifically to:
3.10.9.7.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.7.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official intern or volunteer of The C&C Ikoku Foundation;
3.10.9.7.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Intervention, Research’
— 3.10.9.8. reference to and use of the term “intervention” mean and refer only and specifically to:
3.10.9.8.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.8.2. As in Research, Investigation
further defined to mean and refer to, in the context of research or investigation, both:
— (a) procedures by which biospecimens, data, or information are accessed, gathered or otherwise processed; and
— (b) manipulations of a human subject or a human subject’s environment that are performed for research or investigation purposes or as part of activity determined to constitute research or investigation;
3.10.9.8.3. Benign
further defined to, in the context of research or investigation, have reference to and use of the terms “benign interventions” and “benign behavioral interventions,” mean and refer to interactions that undergo rigorous research risk assessment and consent procedures, and are subsequently confirmed in writing by the human subject, institutional review board and researcher or investigator to be: (a) brief in duration; (b) harmless; (c) painless; (d) not physically invasive; (e) not likely to have a significant adverse lasting impact on the human subject; and (f) neither demeaning, embarrassing, emotionally abusive or distressing nor offensive;
3.10.9.8.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized intervention by or of The C&C Ikoku Foundation;
3.10.9.8.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Irreversible Anonymization’
— 3.10.9.9. reference to and use of the terms “irreversible anonymization,” “anonymization,” and “anonymized” mean and refer only and specifically to:
3.10.9.9.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.9.9.2. As in Processing, Research
further restricted to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of personal biospecimens, data, or information by means or method that, irreversibly, does not permit and moreover prevents the biospecimens, data, or information from resulting in either identification or becoming, in any way, personal biospecimens, data, or information;
3.10.9.9.3. When Anonymized
further defined so that, only after biospecimens, data, or information have undergone processes of irreversible anonymization, and thus become irreversibly anonymized, may such be described as “anonymized” biospecimens, data, or information;
3.10.9.9.4. When Anonymized, Protection Considered
with the result that such anonymized biospecimens, data, or information, as well as its access, collection, or other processing, may not require nor need remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation;
3.10.9.9.5. When Un-anonymized, Protection Needed
with further note that there are ongoing concerns that such “anonymized” biospecimens, data, or information may possibly and technically become comparatively or increasingly “un-anonymized” or even personal, for example, when cross-referenced with datasets or information specifying physical and temporal location, or when subjected to certain methods of data aggregation, preparation, and mining; and for this reason, natural persons concerned should still, per Policy, ensure and verify that such irreversible anonymization has been and remains properly and truly conducted;
3.10.9.9.6. With Definition Distinctions
hence The C&C Ikoku Foundation’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
— L
‘License’ and ‘Licensee’
— 3.10.12.1. reference to and use of the terms “license,” “licensee,” and “licensor” mean and refer only and specifically to:
3.10.12.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.12.1.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized license, licensee, or licensor of The C&C Ikoku Foundation;
3.10.12.1.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— M
‘Manager’ and ‘Member’
— 3.10.13.1. reference to and use of the terms “manager” and “member” mean and refer only and specifically to:
3.10.13.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.13.1.2. When Ikoku Foundation, Only the Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only the sole Founder, Alvan Azinna Ikoku, also known as Alvan Azinna Ikoku II and Alvan Azinna Chibuzo Ikoku;
3.10.13.1.3. With No Other Entity, Person
with no other entity, office, or person capable of being accepted, construed or serving as equivalent or replacement, or assuming or otherwise being delegated actual or equivalent duties, functions, powers, or responsibilities as defined and delineated in the Codes and Policies and applicable law (the “sole Manager” and the “sole Member”).
‘Meeting’
— 3.10.13.2. reference to and use of the term “meeting” mean and refer only and specifically to:
3.10.13.2.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.13.2.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official meeting of The C&C Ikoku Foundation;
3.10.13.2.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Minimal Risk’
— 3.10.13.3. reference to and use of the term “minimal risk” mean and refer only and specifically to:
3.10.13.3.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.13.3.2. Harm, Normal Magnitude, Probability
further defined to mean and refer to the likelihood, magnitude, and probability of physical or psychological harm that is normally encountered;
3.10.13.3.3. Harm, In Daily Lives
in the daily lives of — healthy, undiscriminated and unharassed — natural persons;
3.10.13.3.4. Harm, In Routine Situations
including, where applicable, in routine professionally licensed or regulated economic, educational, health or therapeutic (e.g. dental, medical, psychological), occupational, regulatory, service, or equivalent activities, environments, procedures, or situations.
— N
‘Non-Identification’
— 3.10.14.1. reference to and use of the terms “non-identification” and “non-identifying” mean and refer only and specifically to:
3.10.14.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.14.1.2. Non-Identifying, Matter
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information that does not permit, require, or result in identification, either directly or indirectly;
3.10.14.1.3. Non-Identifying, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any biospecimen, data, or information via means or method that does not permit, require, or result in identification, either directly or indirectly;
3.10.14.1.4. Possibly Still Personal
with the understanding that any biospecimen, data, or information that has undergone a process of non-identification or been described as “non-identifying” may still be personal, since it could still be used to identify a natural person concerned, for example, when combined or cross-referenced with additional identifying information or data sets;
3.10.14.1.5. Possibly Still Protected
with the result that any such non-identifying personal biospecimen, data, or information, as well as its access, collection, or other processing, may require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation; and for this reason, natural persons concerned should still, per Policy, ensure and verify that such non-identification has been and remains properly and truly conducted;
3.10.14.1.6. With Definition Distinctions
hence The C&C Ikoku Foundation’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
‘Notice’ and ‘Notification’
— 3.10.14.2. reference to and use of the terms “notice” and “notification” mean and refer only and specifically to:
3.10.14.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.14.2.2. As Authorized, Compliant
further restricted to be only a written communication or instrument authorized for the specific notice or notification purposes of The C&C Ikoku Foundation, solely via the Founder’s authorization, with the delivery and giving of said notice or notification deemed properly initiated and completed only if conducted in a manner that meets the following required standards:
3.10.14.2.3. Where Consented, Correct
where the notice or notification is conducted via a method consented to by the recipient for notice and notification purposes, and sent via the correct electronic, facsimile or physical mailing address or number consented to and designated by the recipient for such purposes, or if none is designated, at the correct address or number of the recipient as it appears listed on the records of The C&C Ikoku Foundation, as well as via any of the options below:
3.10.14.2.3.1. Where Sent via Electronic Mail
where the notice or notification is sent via electronic communication or transmission entailing electronic mail, via computer, mobile or web application, and further deemed “delivered” and “given” on the date on record of communication or transmission;
3.10.14.2.3.2. Where Sent via Electronic Message
where the notice or notification is sent via electronic communication or transmission entailing electronic text message, via computer, mobile or web application, and further deemed “delivered” and “given” on the date on record of communication or transmission;
3.10.14.2.3.3. Where Sent via Electronic Network, Noticeboard
where the notice or notification is sent via electronic communication or transmission entailing electronic network or noticeboard, via computer, mobile or web application, and further deemed “delivered” and “given” on the date on record of communication or transmission;
3.10.14.2.3.4. Where Sent via Facsimile Telecopy
where the notice or notification is sent by facsimile, fax, or telecopy transmission, and further deemed “delivered” and “given” on the date and time on record of transmission;
3.10.14.2.3.5. Where Sent via Postal Mail
where the notice or notification is sent via postal mail, and further deemed “delivered” and “given” when full postage prepaid thereon and deposited in the United States Postal Services system;
3.10.14.2.3.6. Where Sent via Special Courier
where the notice or notification is sent via special courier service, and further deemed “delivered” and “given” on the date of actual receipt of such notice or notification by the recipient;
3.10.14.2.3.7. Where Served in Person
and where the notice or notification is served in person, and further deemed “delivered” and “given” on the date on record of service.
— O
‘Office’ and ‘Work Area’
— 3.10.15.1. reference to and use of the terms “office” and “work area” mean and refer only and specifically to:
3.10.15.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.15.1.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official office or work area of The C&C Ikoku Foundation;
3.10.15.1.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Official Persons’
— 3.10.15.2. reference to and use of the term “official person” mean and refer only and specifically to:
3.10.15.2.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.15.2.2. As Engaged for Official Acts
further restricted to mean and refer to a natural or legal person appointed, contracted, employed or otherwise engaged for conduct or service — including any activity, agent, arrangement, or involved material or matter — that constitutes an official act of an entity, office, or person, or, especially, pertains to the administration of an entity, office, or person;
3.10.15.2.3. When Ikoku Foundation, Only via Founder
when indicated as belonging to, part of or working for The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official person of The C&C Ikoku Foundation;
3.10.15.2.4. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— P
‘Partner’ and ‘Partnership’
— 3.10.16.1. reference to and use of the terms “partner” and “partnership” mean and refer only and specifically to:
3.10.16.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.16.1.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official partner or partnership of The C&C Ikoku Foundation;
3.10.16.1.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Personal Data, Information’
— 3.10.16.2. reference to and use of the terms “personal data,” “personal data,” and “personal information” mean and refer only and specifically to:
3.10.16.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.16.2.2. Directly Personal, Matter
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information — including any involved material or matter — that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the biospecimen, data, or information; associating, attributing, or otherwise relating such person with the biospecimen, data, or information; or using the biospecimen, data, or information to communicate with or contact such person;
3.10.16.2.3. Directly Personal, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information whose access, collection, or other processing is conducted via means or method — including any activity, agent, arrangement, or involved material or matter — that identifies a specific natural person concerned, either by ascertaining the person’s identity; associating, attributing, or otherwise relating such identity with the means or method; associating, attributing, or otherwise relating such person with the means or method; or using the means or method to communicate with or contact such person;
3.10.16.2.4. Indirectly Personal, Matter
further defined to mean and refer toto mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information — including any involved material or matter — that in association with other matter or means results in identification, and so may be used to contact, identify, or otherwise relate to a specific natural person concerned;
3.10.16.2.5. Indirectly Personal, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information whose access, collection, or other processing is conducted via means or method — including any activity, agent, arrangement, or involved material or matter — that in association with other matter or means results in identification, and so may be used to contact, identify, or otherwise relate to a specific natural person concerned;
3.10.16.2.6. Where Personal, Still Protected
with the understanding that such personal biospecimen, data, or information or its processing — including any activity, agent, arrangement, or involved material or matter — require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation.
‘Privacy’ and ‘Private’
— 3.10.16.3. reference to and use of the terms “privacy” and “private” mean and refer only and specifically to:
3.10.16.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.16.3.2. As Agreed, Consented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, consented or otherwise understood to be private or requiring privacy;
3.10.16.3.3. As Demarcated, Designated
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is demarcated, designated or otherwise understood to be private or requiring privacy;
3.10.16.3.4. As Discussed, Expected
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is discussed, expected or otherwise understood to be private or requiring privacy, especially where an involved person expects that such matter will not be made public or shared with another person;
3.10.16.3.5. As Handled, Processed
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is handled, processed or otherwise understood to be private or requiring privacy;
3.10.16.3.6. As Routinely, Standardly
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is normally, routinely, standardly or otherwise typically private or requiring privacy;
3.10.16.3.7. As Not Widely Known
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is not generally, publicly and widely confirmed as knowledge via indisputable sources made generally, publicly and widely available and generally, publicly and widely acknowledged as fact by the identifiable natural person involved;
3.10.16.3.8. Where Expected or Requested
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects or requests that no access, monitoring, observation, recording, transmission, or equivalent occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the violation of such expectation unlawful, unconstitutional, illegal, and, in certain instances, criminal;
3.10.16.3.9. Where Not Consented or Unconsented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects to meaningfully provide consent, to be able to refuse or revoke consent, has not consented, or has revoked consent to allowing any access, monitoring, observation, recording, transmission, or equivalent to occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the absence or violation of such consent unlawful, unconstitutional, illegal, and, in certain instances, criminal;
3.10.16.3.10. Where Personal, Confidential, Sensitive
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, requested or otherwise understood to be personally identifying and confidential or requiring confidentiality, or sensitive or requiring sensitivity;
3.10.16.3.11. Examples, Privacy, Private
examples of which include, but are not limited to, materials and matters not mandatorily required to be disclosed or public relating to the administration of The C&C Ikoku Foundation; those relating to the being, body, brain or mind, or the self, soul, or spirit of individual persons; those relating to the biometrics or biospecimens of persons; those relating to the characteristics or attributes of persons; those relating to the education or training of persons; those relating to evaluations or applications of persons; those relating to the finances or properties of persons; those relating to the health or care of persons; those relating to the identity or security of persons; those relating to investigative or legal proceedings of persons; those relating to the location or movements of persons; those relating to the research or study of persons; those relating to the status of persons protected by applicable law or regulation, with such persons especially including the Founder as well as any actual or potential appointee, contractor, donor, employee, fiduciary, manager, officer, partner, recipient, sponsor, third party, volunteer, or other agent of The C&C Ikoku Foundation.
‘Process’ and ‘Processing’
— 3.10.16.4. reference to and use of the terms “processing,” “process,” and “processed” mean and refer only and specifically to:
3.10.16.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.16.4.2. As in Data, Information, Research
further defined to mean and refer to, in the context of data and information or research and investigation, activities or operations or sets of activities or operations that are performed on any biospecimen, data, or information or on their sets — whether confidential, identifiable, identifying, personal, private, sensitive or not — and whether or not by automated means;
3.10.16.4.3. As When Restricted
further defined, in the context of data and information or research and investigation, to have the term “restriction of processing” mean and refer to any such activities or operations or sets of activities or operations which mark any stored biospecimen, data, or information, or its sets, with the aim of limiting its processing in the future;
3.10.16.4.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized process or processing of The C&C Ikoku Foundation;
3.10.16.4.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Profile’ and ‘Profiling’
— 3.10.16.5. reference to and use of the terms “profile” and “profiling” mean and refer only and specifically to:
3.10.16.5.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.16.5.2. As in Data, Information, Research
further defined to mean and refer to any data or information processing or research and investigation conducted to analyze, evaluate, predict, or otherwise make decisions concerning aspects, attributes, or characteristics relating to a natural person, for example, an individual’s behavior or habits, choices or decision-making, economic or financial situation, health, fitness or wellness, hobbies or interests, location or movements, performance at work, personal preferences, psychology, reliability, rest or sleep, etc;
3.10.16.5.3. Where Automated
further defined, in the context of data and information processing or research and investigation, to have the terms “automated individual decision-making” and “automated decision-making” mean and refer to any such profiling primarily or solely conducted by automated means — using, for instance, algorithms, artificial intelligence, or machine-learning — with the understanding that such automated decision-making often involves limited or no human participation in the analysis, equally limited human discernment in the decision-making, and thus reduced opportunity for holding an entity accountable or responsible when errors or adverse effects result;
3.10.16.5.4. Where Occurring
with the understanding that profiling may be occurring when an entity, office, or person is:
3.10.16.5.4.1. Occurring, Collecting
(a) collecting personal biospecimens, data, or information about a natural person from a variety of sources, some publicly accessible, some thought private;
3.10.16.5.4.2. Occurring, Analyzing
(b) analyzing the collected personal biospecimens, data, or information on an intimate or large scale, for aspects, attributes, or characteristics of the natural person concerned and other individuals;
3.10.16.5.4.3. Occurring, Associating
(c) looking for associations in the collected biospecimen, data, or information to identify correlations between those aspects, attributes, or characteristics and behaviors of the natural person concerned and other individuals;
3.10.16.5.4.4. Occurring, Profile-Creating
(d) creating profiles that can be associated with, applied to and tracked with the natural person concerned;
3.10.16.5.4.5. Occurring, Predicting
(e) predicting behavior based on the assigned, applied or tracked profiles; or
3.10.16.5.4.6. Occurring, Decision-Making
(f) making decisions about the natural person concerned based on assessments during this process.
3.10.16.5.5. Decisions with Legal Effects
with the understanding that such profiling, especially their decisions and predictions, often have or lead to legal or similarly significant effects for a natural person concerned, whose consequences and implications warrant ethical attention, especially since finding an association or correlation in the sets of collected biospecimens, data, or information does not mean that it is significant or that it would be accurate, appropriate, correct or ethical to use it in making the decisions in question.
3.10.16.5.6. Warranting Protections
with the understanding, therefore, that conduct or service entailing profiles or profiling — including any activity, agent, arrangement, or involved material or matter — require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation.
3.10.16.5.7. Warranting Risk Minimizing
with the further understanding that natural persons concerned should, per Policy, ensure and verify that such profiling has been and remains properly conducted and, moreover, does not incur high or even more than minimal risk to the natural person concerned. Such risk vigilance and minimization may be fulfilled by ensuring:
3.10.16.5.7.1. Risk Minimizing, Informing
(i) that the natural person concerned be reasonably informed before, during and after the processing or research;
3.10.16.5.7.2. Risk Minimizing, Prohibiting
(ii) that in certain instances — where the individual is a child — such processing and research be strictly prohibited;
3.10.16.5.7.3. Risk Minimizing, Protecting
(iii) that in other instances — where sensitive biospecimens, data, and information are involved — additional protections be in place;
3.10.16.5.7.4. Risk Minimizing, Assessing
(iv) that in other instances — for instance, large-scale processing, or monitoring a publicly accessible place — such collected biospecimens, data, or information and their associated risks be minimized by conducting a “processing risks assessment,” “profiling risks assessment” or a “research risks assessment” then addressing any concerns found; and finally
3.10.16.5.7.5. Risk Minimizing, Consenting
(v) that the natural person concerned be asked to consent, where such person is, following a reassuring risks assessment, permitted to consent.
‘Pseudo-anonymization, -nymization’
— 3.10.16.6. reference to and use of the terms “pseudo-anonymization,” “pseudonymization,” and “pseudonymized” mean and refer only and specifically to:
3.10.16.6.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.16.6.2. Pseudonymized, Matter
further defined to mean and refer to, in the context of data and information processing or research and investigation, any biospecimen, data, or information that does not permit or result in identification, either directly or indirectly, without the use of additional information kept separately and subject to “technical and organizational measures” to ensure such non-identification;
3.10.16.6.3. Pseudonymized, Means
further defined to mean and refer to, in the context of data and information processing or research and investigation, the access, collection, or other processing of any biospecimen, data, or information via means or method that does not permit or result in identification, either directly or indirectly, without the use of additional information kept separately and subject to “technical and organizational measures” to ensure such non-identification;
3.10.16.6.4. Pseudonymized, Means
with the understanding that pseudonymization is typically employed to make processing and research highly protective and respectful of consent, confidentiality, privacy, and security as well as for-purpose-only uses with respect to the natural person concerned and the biospecimen, data, or information; thus the “technical and organizational measures” (required, for example, by the European Union’s GDPR law) serve as a means to increase protections around “re-identifying information” that — when necessary or upon an authorized or authenticated user’s request — could be combined to re-attribute personal biospecimens, data, and information to a natural person concerned;
3.10.16.6.5. Still Personal
with the understanding that any biospecimen, data, or information that has undergone a process of pseudonymization or been described as “pseudonymized” remain personal, since it could still be, and is often expressly designed to be, used to identify a natural person concerned, for example, when locked-out users request to regain access to their account or stored content;
3.10.16.6.6. Still Protected
with the result that any such pseudonymized personal biospecimen, data, or information, as well as its access, collection, or other processing, require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation; for this reason, natural persons concerned should still, per Policy, ensure and verify that such irreversible pseudonymization has been and remains properly and truly conducted;
3.10.16.6.7. With Definition Distinctions
hence The C&C Ikoku Foundation’s efforts to make clear distinctions between it use of the terms de-identification, non-identification, pseudo-anonymization or pseudonymization, and irreversible anonymization.
— R
‘Representation’ and ‘Representative’
— 3.10.18.1. reference to and use of the terms “representation” and “representative” mean and refer only and specifically to:
3.10.18.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.18.1.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official representation or representative of The C&C Ikoku Foundation;
3.10.18.1.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Research’ and ‘Investigation’
— 3.10.18.2. reference to and use of the terms “research” and “investigation” mean and refer only and specifically to:
3.10.18.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.18.2.2. Where Systematic, Generalizable
further defined to mean and refer to a systematic activity, inquiry, or study conceived, designed, engaged in, evaluated, or otherwise utilized to contribute to or develop generalizable knowledge, with the understanding that any activity, inquiry, or study that meet this definition constitutes research or investigation for purposes of the Codes and Policies, whether or not conducted or supported under a program that is considered research or investigation for other purposes;
3.10.18.2.3. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized research or investigation of The C&C Ikoku Foundation;
3.10.18.2.4. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Research Review Board’
— 3.10.18.3. reference to and use of the term “research review board” (also the “RRB”) mean and refer only and specifically to:
3.10.18.3.1. As Always Operative
the meaning of the term as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.18.3.2. As Board, Research Ethics
further restricted to mean and refer to a board for research and investigation ethics evaluation;
3.10.18.3.3. As Board, Policy Duties
constituted and maintained in accordance with the Human Subjects Research Policy and for the purposes of review and approval or non-approval of human subjects research activity, investigation, or study, as provided for in this Policy;
3.10.18.3.4. For RRB Approval
with the understanding that reference to and use of the term “research review board approval” (also “RRB approval”) mean and refer only and specifically to determinations of the RRB that the research or investigation has been reviewed and may be conducted or otherwise processed at, by or in a specific part, product, section, service, or site of The C&C Ikoku Foundation within the constraints set forth by the RRB, the Human Subjects Research Policy, the Codes and Polices, and applicable law and regulation.
‘Risks, of Conduct, Processing’
— 3.10.18.4. reference to and use of the terms “risk,” “risks of conduct or service,” and “risks of processing” mean and refer only and specifically to:
3.10.18.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.18.4.2. As in Conduct, Service
further restricted to mean and refer to, in the context of conduct and service, the anticipated, assessed or reported risks of any conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — to the actual person or the rights and associated interests of (a) The C&C Ikoku Foundation; (b) the Founder, as first priorities; or (c) a natural person relating to The C&C Ikoku Foundation;
3.10.18.4.3. As in Data, Information, Research
further restricted to mean and refer to, in the context of data and information or research and investigation, the anticipated, assessed or reported risks of any processing of personal biospecimens, data, or information to (a) the personal biospecimens, data, or information; (b) the natural person concerned or the human subject under study; or (c) the rights and associated interests of the natural person concerned or the human subject under study;
3.10.18.4.4. As in Damage, Injury
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that leads to material or non-material, as well as physical or non-physical, damage, injury, or violation with respect to (a) the personal biospecimens, data, or information; (b) the natural person concerned or the human subject under study; or (c) the rights and associated interests of the natural person concerned or the human subject under study;
3.10.18.4.5. As in Effects
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that effects, facilitates, or otherwise leads to discrimination or discriminatory effects, financial loss, fraud, identity theft, reputational damage, significant economic or social disadvantage, or unauthorized reversal of anonymization, deidentification or pseudonymisation;
3.10.18.4.6. As in Incompatibility
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that effects, facilitates, or otherwise leads to, in any way, any incompatibility with The C&C Ikoku Foundation, as provided for in the Codes and Policies;
3.10.18.4.7. As in Infringements
with the understanding that such risks, of varying likelihood and severity, by definition result from conduct, service, or processing that infringes, in any way, the centrality or unity, confidentiality or privacy, freedom or liberty, independence or integrity, intellectual or real property, safety or security, or any associated rights or interests — as provided for in the Codes and Policies — of The C&C Ikoku Foundation or the Founder, as first priorities, then a natural person relating to The C&C Ikoku Foundation;
3.10.18.4.8. Where Risks High
with the understanding that such risks are considered high where conduct, service, or processing entails, and possibly reveals, confidential, private, sensitive or valuable personal biospecimens, data, and information, criminal convictions and offenses or related security measures; where automated individual decision-making, including profiling, is involved; where personal biospecimens, data, and information of vulnerable natural persons, including children, are involved; where personal biospecimens, data, and information is being processed from or to monitor publicly accessible spaces; where conduct, service, or processing is done on a large scale and involves a large amount of personal biospecimens, data, and information, affecting a large number of persons who may also not be able to as easily exercise their Policy-specified rights pertaining to the biospecimens, data, and information; and where it would be considerably damaging, dehumanizing, disenfranchising, harmful or injurious to natural persons if there were accidental, malicious, unauthorized, unconsented or unlawful access, alteration, destruction, disclosure, exposure, leakage, loss, or theft;
3.10.18.4.9. Where Risks High, Prohibited Unless Assessed, Minimized
with the understanding that where such risks are considered high — or infringing, in any way, of aforementioned confidentiality or privacy, freedom or liberty, independence or integrity, intellectual or real property, safety or security, or any associated rights or interests — the conduct, service, or processing in question is strictly prohibited; unless (a) consented to by the natural person concerned or human subject under study, only after (b) being authorized by the Founder, and only after, in turn (c) being subject to a “risks assessment” that effectively addresses any actual, anticipated or apparent risks, eliminates any identified factors leading to such risks, and further anonymizes or minimizes any personal material or matter involved.
— S
‘Seal’ and ‘Sealed’
— 3.10.19.1. reference to and use of the terms “seal” and “sealed” mean and refer only and specifically to:
3.10.19.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.19.1.2. As in Organization Seal
further restricted to mean and refer to an organization seal, which has the name of the organization, or the pertinent division, series, subsidiary or affiliate inscribed thereon and is otherwise in such form as authorized and provided from time to time by said organization;
3.10.19.1.3. As When Required
further restricted to have requirements for any instrument to be “sealed” mean and refer to the use of said approved organization seal by causing it to be personally affixed or impressed on an official instrument of the organization, solely by the official chief executive manager or officer of the organization, with no other entity, office, or person permitted to use the said approved organization seal in any manner, including “for identification purposes only,” unless such use has been authorized by the official chief executive manager or officer of the organization;
3.10.19.1.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an officially authorized process or processing of The C&C Ikoku Foundation;
3.10.19.1.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Self,’ ‘Soul’ and ‘Spirit’
— 3.10.19.2. reference to and use of the terms “self,” “soul,” and “spirit” mean and refer only and specifically to:
3.10.19.2.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.19.2.2. When of an Individual, Only of Individual
when indicated as belonging to or part of a human or individual, only those aspects of the one human or individual, including that self’s, soul’s or spirit’s activities, contents, and constituents;
3.10.19.2.3. Not of Collective or Other
and not to be construed as belonging to or part of any collective, communion, community, extension, externality, nor any other entity, human, individual, person, or equivalent.
‘Sensitive’ and ‘Sensitivity’
— 3.10.19.3. reference to and use of the terms “sensitive” and “sensitivity” mean and refer only and specifically to:
3.10.19.3.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.19.3.2. As Agreed, Consented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, consented or otherwise understood to be sensitive or requiring sensitivity;
3.10.19.3.3. As Demarcated, Designated
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is demarcated, designated or otherwise understood to be sensitive or requiring sensitivity;
3.10.19.3.4. As Discussed, Expected
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is discussed, expected or otherwise understood to be sensitive or requiring sensitivity, especially where an involved person expects that such matter will not be made public or shared with another person;
3.10.19.3.5. As Handled, Processed
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is handled, processed or otherwise understood to be sensitive or requiring sensitivity.
3.10.19.3.6. As Routinely, Standardly
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is normally, routinely, standardly or otherwise typically sensitive or requiring sensitivity;
3.10.19.3.7. As Not Widely Known
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is not generally, publicly and widely confirmed as knowledge via indisputable sources made generally, publicly and widely available and generally, publicly and widely acknowledged as fact by the identifiable natural person involved;
3.10.19.3.8. Where Expected or Requested
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects or requests that no access, monitoring, observation, recording, transmission, or equivalent occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the violation of such expectation unlawful, unconstitutional, illegal, and, in certain instances, criminal;
3.10.19.3.9. Where Not Consented or Unconsented
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — where the identifiable natural person involved expects to meaningfully provide consent, to be able to refuse or revoke consent, has not consented, or has revoked consent to allowing any access, monitoring, observation, recording, transmission, or equivalent to occur, especially whenever such person is located in a nation, state, or territory that has rendered such activity during the absence or violation of such consent unlawful, unconstitutional, illegal, and, in certain instances, criminal;
3.10.19.3.10. Where Personal, Confidential, Private
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that is agreed, requested or otherwise understood to be personally identifying and confidential or requiring confidentiality, or private or requiring privacy;
3.10.19.3.11. Where Specifically Determined Due to Risk
further defined to mean and refer to any conduct or service — including any activity, agent, arrangement, or involved material or matter — that has been assessed for consequences resulting from an infringement of their protection and determined to be sensitive or requiring sensitivity due to such infringement’s high capacity, probability, and risk for harm to the natural person concerned, whether via infringement of confidentiality or privacy, identity or property theft, or further infringement of the basic, civil or fundamental liberties or rights of the natural person concerned;
3.10.19.3.12. Examples, Sensitive, Sensitivity
examples of which include, but are not limited to, materials and matters not mandatorily required to be disclosed or public relating to the administration of The C&C Ikoku Foundation; those relating to the being, body, brain or mind, or the self, soul, or spirit of individual persons; those relating to the biometrics or biospecimens of persons; those relating to the characteristics or attributes of persons; those relating to the education or training of persons; those relating to evaluations or applications of persons; those relating to the finances or properties of persons; those relating to the health or care of persons; those relating to the identity or security of persons; those relating to investigative or legal proceedings of persons; those relating to the location or movements of persons; those relating to the research or study of persons; those relating to the status of persons protected by applicable law or regulation, with such persons especially including the Founder as well as any actual or potential appointee, contractor, donor, employee, fiduciary, manager, officer, partner, recipient, sponsor, third party, volunteer, or other agent of The C&C Ikoku Foundation.
‘Signature’ and ‘Signed’
— 3.10.19.4. reference to and use of the terms “signature” and “signed” mean and refer only and specifically to:
3.10.19.4.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.19.4.2. As in Official Signature
further restricted to mean and refer to a legally binding and legitimate signature of the official chief executive manager or officer of the company, where authorized in strictly limited circumstances, including a computer-typed signature with sworn attestation as to authority and identity of signatory, under penalty of perjury, but otherwise only a personally handsigned and handwritten mark by the person whose signature is so authorized and required, with computer generated, digital, electronic, facsimile, stamped or equivalent forms of signature not permitted to serve as substitute;
3.10.19.4.3. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official signature of The C&C Ikoku Foundation;
3.10.19.4.4. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
‘Sponsor’ and ‘Sponsorship’
— 3.10.19.5. reference to and use of the terms “sponsor” and “sponsorship” mean and refer only and specifically to:
3.10.19.5.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.19.5.2. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official sponsor or sponsorship of The C&C Ikoku Foundation;
3.10.19.5.3. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— T
‘Third Party, Country’
— 3.10.20.1. reference to and use of the terms “third party” and “third country” mean and refer only and specifically to:
3.10.20.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.20.1.2. Country As Official, Not Principal
further defined to have the term “third country” mean and refer to an entity, office, or person located in a country different from the principal country (or region) that serves as the expected or typical setting for an activity or relationship, but has become a party to and setting for the activity or relationship in an official or recognized capacity;
3.10.20.1.3. Party As Official, Not Principal
further defined to have the term “third party” mean and refer to an entity, office, or person who is not one of the principals of an activity or relationship (i.e. an agreement, contract, operation, service, transaction) but is involved in that activity or relationship in an official or recognized capacity;
3.10.20.1.4. When Ikoku Foundation, Only via Founder
when indicated as belonging to or part of The C&C Ikoku Foundation, or an act or activity of The C&C Ikoku Foundation, only as authorized and executed, solely by the Founder, Alvan Azinna Chibuzo Ikoku, to be an official third party or third country of The C&C Ikoku Foundation;
3.10.20.1.5. When Ikoku Foundation, Only with Authorization
and solely via the Founder’s authorization, with no other instrument — including the Codes and Policies — capable of being accepted or construed or otherwise serving as its equivalent.
— U
‘User Data, Material, Property’
— 3.10.21.1. reference to and use of the terms “user data,” “user information,” “user material,” and “user property” mean and refer only and specifically to:
3.10.21.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.21.1.2. User Data, Information
further restricted to have the terms “user data” and “user information” mean and refer to data and information generated or otherwise processed or produced via The C&C Ikoku Foundation that are associated or related to — though variously, from incidental to integral — to a user or visitor or sets of users or visitors and any directly or indirectly occurring access, activity, conduct, service or other use or visit;
3.10.21.1.3. User Material
further restricted to have the term “user material” mean and refer to a range of content, media, and other equivalent material and matter conceived, created, developed or otherwise processed or produced by a user or visitor’s access, activity, conduct, service, or other use or visit relating to The C&C Ikoku Foundation, for instance, in concert with, in response to, in using or visiting, or otherwise via or within any of the products, services, or sites of The C&C Ikoku Foundation, and while making authorized reference to or use of applications, logos, marks, names, or other properties or resources of The C&C Ikoku Foundation;
3.10.21.1.4. User Property, as External IP
further restricted to have the term “user property” mean and refer to external intellectual property — as defined in the Codes and Policies — as well as external real property acquired, created or developed by a user or visitor, externally with respect to The C&C Ikoku Foundation, for instance, without use or visit of any product or service or other properties or resources of The C&C Ikoku Foundation, which may take the form of content, media, also monetizable or tradable properties, or other equivalent material and matter that a user may, after its acquisition, creation, or development, decide to display, distribute, post, publish, or save via a service of The C&C Ikoku Foundation;
3.10.21.1.5. Where Identifying, Personal
with the understanding that any user data, information, material, or property may be identifying if it is attributable to a specific user or visitor, has not undergone processes of irreversible anonymization and aggregation, and so has remained or returned to being personal.
3.10.21.1.6. Where Identifying, Protected
with the result that any such personal and nonpublic user data, information, material, or property, as well as its access, collection, and other processing, require and remain under strict protections, as provided for in the Data and Information Policy, the Human Subjects Research Policy, the Codes and Policies, and applicable law and regulation. For this reason, natural persons concerned should still, per Policy, ensure and verify that such protection, if warranted, has been and remains properly and truly conducted.
— W
‘Writing’ and ‘Written’
— 3.10.23.1. reference to and use of the terms “writing” and “written” mean and refer only and specifically to:
3.10.23.1.1. As Always Operative
the meaning of the terms as including the always operative and standing clauses delineated in the Definitions section of the Codes and Policies, under “Always Operative, Standing;”
3.10.23.1.2. As Text, Recorded, Recognized
further restricted to mean and refer to only a recorded textual message in a recognized and standardized official language;
3.10.23.1.3. As Transcribed, Expressly, Physically
expressly transcribed into physical, character- and letter-based form;
3.10.23.1.4. Correspondents, Consenting
by a consenting person being the “writer,” to a consenting natural or legal person being the “recipient;”
3.10.23.1.5. Comprehension, Reading
capable of comprehension by ordinary standardized visual, tactile or auditory means of reading and interpretation;
3.10.23.1.6. Means, Electronic, Written
and to further include written “electronic communication,” such as “electronic mail (email),” provided that the conditions for the authorization and use of electronic communication are met, as provided for in the Codes and Policies.
Agreement Terms
Provision
The Conditions and Terms requires your adherence to the conditions and definitions above and correlative terms delineated below.
Agreement and Relationship
Section 3.12.0. With respect to the nature, purpose, and scope of your Agreement and relationship with The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.12.1. Full Understanding, Relationship
that the Conditions and Terms, the Codes and Policies, and your Agreement contain the complete and full understanding between The C&C Ikoku Foundation, its official persons, its third parties, the Founder, and you regarding the complete and full relationship you have with the aforementioned persons as a result from your use or visit or any conduct or service relating to The C&C Ikoku Foundation that you commence or continue;
3.12.2. No Other Relationship, Ikoku Foundation
that no other relationship exists between you and The C&C Ikoku Foundation, its official persons, its third parties, and the Founder as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The C&C Ikoku Foundation that you commence or continue;
3.12.3. No Relationship, Other Entities
that no relationship exists between you and any other entity, office, or person as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The C&C Ikoku Foundation that you commence or continue;
3.12.4. No Rights, Administration
that no benefits, gifts, provisions, or rights — and no attendant claim, relief, or remedy, especially of an injunctive, remunerative or substantive nature — are accorded to you pertaining to any aspect of the administration of The C&C Ikoku Foundation, or any other entity or person, as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The C&C Ikoku Foundation that you commence or continue;
3.12.5. No Rights, Membership, Controllership
that no benefits, gifts, provisions, or rights — and no attendant claim, relief, or remedy, especially of an injunctive, remunerative or substantive nature — are accorded to you pertaining to any membership or ownership of The C&C Ikoku Foundation, or any other entity or person, as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The C&C Ikoku Foundation that you commence or continue;
3.12.6. No Rights, Property
that no benefits, gifts, provisions, or rights — and no attendant claim, relief, or remedy, especially of an injunctive, remunerative or substantive nature — are accorded to you pertaining to any assets or property, real or intellectual, or any interests, shares, or stocks of The C&C Ikoku Foundation, or any other entity or person, as a result of the Conditions and Terms, the Codes and Policies, or your Agreement, or your use or visit or any conduct or service relating to The C&C Ikoku Foundation that you commence or continue;
3.12.7. Standard Sole Relationship
and that with respect to any of the aforementioned use or visit or conduct or service and resultantly possible relationships to persons, the general and standard nature, purpose, and scope is solely as further delineated:
3.12.7.1. Solely for Self
that such conduct or service is solely for your own benefit, purpose, and use, and not for the benefit of or use by any other entity, office, or person;
3.12.7.2. Solely Law-Abiding
that such conduct or service is solely and clearly law-abiding and lawful in nature, and thus solely for your legal benefit, purpose, and use, and not for any illegal benefit, purpose, or use or any such that violates applicable law or regulation;
3.12.7.3. Solely Non-Commercial
that such conduct or service is solely and clearly noncommercial in nature, and thus solely for your noncommercial benefit, purpose, and use, and not for the benefit of, use by or resale or other transfer or disposition to any other entity, office, or person;
3.12.7.4. Solely Non-Competing
that such conduct or service is solely and clearly noncompeting in nature with respect to The C&C Ikoku Foundation or the Founder, and thus solely for your noncompeting benefit, purpose, and use, and not for any benefit, purpose, or use that could, does, or will, in any way, compete with any of the activities, businesses, or purposes of The C&C Ikoku Foundation or the Founder, Alvan Azinna Chibuzo Ikoku;
3.12.7.5. Solely Policy-Abiding
and that such conduct or service is solely and clearly policy-abiding in nature, and thus solely for your benefit, purpose, and use adhering to the Codes and Policies, and not for any benefit, purpose, or use that results in an infringement of the Codes and Policies or any of its protections;
3.12.8. When Authorized, Other Relationship
and furthermore, that you will not represent or understand yourself to be in any official capacity with, employment of, or relationship to The C&C Ikoku Foundation, the divisions, series, subsidiaries, and affiliates, or the Products and Services, except such official capacity, employment, or relationship that is explicitly defined and described by express written contract and legal instrument signed and sealed — executed solely via authorization of the Founder, Alvan Azinna Chibuzo Ikoku — with such instrument containing explicit description of the specifying access, actions, activities, communications, operations, participations, visits, and other uses expressly approved and authorized for the purposes of said capacity, employment, or relationship.
Acceptable Use
Section 3.13.0. With respect to an illustrative list, range, and examples of activities that do not constitute acceptable use relating to The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.13.1. No Acting as Administering, Authorizing
that you will not effect, facilitate, or otherwise foster any activity that acts as, appears as, or otherwise may be construed as administering any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation or conducting or possessing any authority or powers of administration, authorization, or executive or fiduciary duties or responsibilities with respect to The C&C Ikoku Foundation;
3.13.2. No Abusing, Hacking, Misusing
that you will not effect, facilitate, or otherwise foster any activity that abuses, hacks, reappropriates, repurposes, takes over, or otherwise misuses any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.3. No Altering Appearance, Workings
that you will not effect, facilitate, or otherwise foster any activity that could alter, change, disable, impair, or otherwise diminish the intended or proper appearance, operation, or working of any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, in any manner, such as redirection upon access of a link or url, scripting the creation of content in such a manner as to produce alternative versions or negative effects, or other alteration of any access, functionality, or rendering, except in cases of an official capacity, employment, or relationship contract authorized by the Founder, as provided for in the Codes and Policies;
3.13.4. No Auctioning, Donating, Gambling
that you will not effect, facilitate, or otherwise foster any activity that auctions, bets, donates, gambles, gives away, raffles, or otherwise places into financial arrangement or transaction any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.5. No Bonding, Borrowing, Buying
that you will not effect, facilitate, or otherwise foster any activity that bonds, borrows, buys, liens, loans, mortgages, rents, sells, or otherwise places into financial arrangement or transaction any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.6. No Breaching, Bypassing, Trespassing
that you will not effect, facilitate, or otherwise foster any activity that breaches, bypasses, hacks into, infiltrates, intrudes into, invades, or trespasses any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.7. No Corrupting, Infecting, Installing
that you will not effect, facilitate, or otherwise foster any activity that constitutes corrupting, infecting, maliciously installing or otherwise incorporating any malicious code or software, malware, spyware, or equivalent into any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.8. No Counterfeiting, Forging, Theft
that you will not effect, facilitate, or otherwise foster any activity that constitutes counterfeiting, forging, piracy, theft, or equivalent of any identity or any intellectual or real property via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, including by borrowing, providing, sharing or otherwise using the security credentials or sensitive information of another person, or any unauthorized credit cards, debit cards, or payment devices;
3.13.9. No Crawling, Scraping, Spidering
that you will not effect, facilitate, or otherwise foster any activity that searches any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, by any means (e.g. crawling, scraping, spidering) other than via the approved means and interfaces for users and visitors, except in cases of an official capacity, employment, or relationship contract authorized by the Founder, as provided for in the Codes and Policies;
3.13.10. No Damaging, Destroying, Vandalism
that you will not effect, facilitate, or otherwise foster any activity that breaks, destroys, mars, ruins, spoils, vandalizes, wrecks, or otherwise damages any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.11. No Developing, Engineering, Repairing
that you will not effect, facilitate, or otherwise foster any activity that decompiles, disassembles, reverse engineers, takes apart, or otherwise develops or repairs any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, by, for example, efforts to access parts such as algorithms or source code, except in cases of an official capacity, employment, or relationship contract authorized by the Founder, as provided for in the Codes and Policies;
3.13.12. No Disrupting, Hindering, Interfering
that you will not effect, facilitate, or otherwise foster any activity that disrupts, frustrates, halts, hinders, impedes, slows, stops, strangles, tampers with, throttles, or otherwise interferes with any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, by, for example, denial of service attack, distributing malware, flooding, mail-bombing, or other interference with any access, functionality, or rendering;
3.13.13. No Overburdening, Overloading
that you will not effect, facilitate, or otherwise foster any activity that overburdens, overloads, overwhelms, or otherwise imposes an unreasonable load on the infrastructure of any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, or on the infrastructure of any of its official persons, including agents and third party providers (and The C&C Ikoku Foundation reserves the right to determine what is reasonable);
3.13.14. No Phishing, Spoofing
that you will not effect, facilitate, or otherwise foster any activity that sends altered, deceptive or false source-identifying information via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, such as phishing or spoofing;
3.13.15. No Probing, Scanning, Testing
that you will not effect, facilitate, or otherwise foster any activity that probes, scans, or tests the vulnerability of any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.16. No Recirculating, Redistributing, Republishing
that you will not effect, facilitate, or otherwise foster any activity that circulates, disseminates, distributes, publishes, or otherwise uses any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation on any network or system other than those provided by The C&C Ikoku Foundation, except when prior to the recirculation, redistribution, or republication you have been given express written authorization by the Founder, Alvan Azinna Chibuzo Ikoku;
3.13.17. No Recopying, Reduplicating, Reproducing
that you will not effect, facilitate, or otherwise foster any activity that copies, divides, duplicates, mirrors, renders plural, or otherwise reproduces any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, except when prior to the recopying, reduplication, or reproduction you have been given express written authorization by the Founder, Alvan Azinna Chibuzo Ikoku;
3.13.18. No Soliciting, Spamming
that you will not effect, facilitate, or otherwise foster any activity that sends spam or other unsolicited advertisements, communications, promotions, or equivalent via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation (and The C&C Ikoku Foundation reserves the right to determine what constitutes solicitation or spam);
3.13.19. No Sex, Nudity, Pornography
that you will not effect, facilitate, or otherwise foster any activity that distributes, enacts, posts, or shows nudity, pornography, or sexual activity via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation (and The C&C Ikoku Foundation reserves the right to determine what constitutes nudity and pornography);
3.13.20.1. No Treatment, Abuse
that you will not effect, facilitate, or otherwise foster any activity that physically, physiologically or psychologically abuses, bullies, coerces, forces, hazes, or intimidates another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.2. No Treatment, Collusion
that you will not effect, facilitate, or otherwise foster any activity that colludes against or targets another person — or another’s personal, social or work activities, affairs, arrangements, or attempts at achievement or advancement — via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.3. No Treatment, Deception
that you will not effect, facilitate, or otherwise foster any activity that deceives, defrauds, or impersonates another entity, office, or person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.4. No Treatment, Disclosure
that you will not effect, facilitate, or otherwise foster any activity that discloses any confidential, private, sensitive or other personal activity, affair, agent, arrangement, asset or property, aspect of physicality, physiology or psychology, material, matter, relation, or equivalent of another person — without freely given, informed, meaningful and unrevoked consent — via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.5. No Treatment, Discrimination
that you will not effect, facilitate, or otherwise foster any activity that advocates, incites, or perpetuates bigotry, hate speech, prejudice, racism, sexism, xenophobia, or other forms of discrimination against another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.6. No Treatment, Disenfranchisement
that you will not effect, facilitate, or otherwise foster any activity that disenfranchises or dispossesses another person of an asset, intellectual or real property, or other proprietary activity, right, or value via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.7. No Treatment, Disinformation
that you will not effect, facilitate, or otherwise foster any activity that constitutes covert, deliberate, intentional or organized disinformation, dissemination of false or misleading information, propaganda, or equivalent via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.8. No Treatment, Exposure, Exhibition
that you will not effect, facilitate, or otherwise foster any activity that broadcasts, disseminates, displays, distributes, shows, transmits, or otherwise exhibits via exposure another person or any personal activity, affair, asset or property, aspect of physicality, physiology or psychology, material, matter, relation, or equivalent of another person — without freely given, informed, meaningful and unrevoked consent — via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.9. No Treatment, Exposure, Extortion
that you will not effect, facilitate, or otherwise foster any activity that blackmails, doxxes, extorts, exacts revenge pornography against, ransoms, or otherwise threatens another person with exposure via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation
3.13.20.10. No Treatment, Forced Labor
that you will not effect, facilitate, or otherwise foster any activity that constitutes bondage, enslavement, or forced, indentured or slave labor, service, servitude, or equivalent via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.11. No Treatment, Harassment
that you will not effect, facilitate, or otherwise foster any activity that physically, physiologically or psychologically harasses another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.12. No Treatment, Harm
that you will not effect, facilitate, or otherwise foster any activity that physically, physiologically or psychologically harms or injures another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.13. No Treatment, Incitation
that you will not effect, facilitate, or otherwise foster any activity that incites abuse, discrimination, harassment, harm, persecution, retaliation, surveillance, or violence against another person or group of persons via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.14. No Treatment, Interference
that you will not effect, facilitate, or otherwise foster any activity that blocks, frustrates, hinders, impedes, precludes, prevents, stymies, throttles, or otherwise interferes with another person — or another’s personal, social or work activities, affairs, arrangements, or attempts at achievement or advancement — via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.15. No Treatment, Ostracization
that you will not effect, facilitate, or otherwise foster any activity that constitutes ostracization — including via banishing, banning, blackballing, blacklisting, cancelling, censoring, deplatforming, isolation, marginalization, mass hysteria, moral panic, scapegoating, scaremongering, stigmatization, or vilification — against another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.16. No Treatment, Retaliation
that you will not effect, facilitate, or otherwise foster any activity that constitutes retaliation — including via blackballing, blacklisting, demoting, disciplining, firing, punishment, reassignment, reprisal garnishment, or reducing or refusing remuneration — against another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.17. No Treatment, Surveillance
that you will not effect, facilitate, or otherwise foster any activity that bodily, electronically, mentally, physically, physiologically, psychologically or spatially detects, eavesdrops, follows, listens to, looks at, over or through, monitors, predicts, records, spies on, stalks, surveils, times, tracks, watches, or wiretaps another person or the personal activities, affairs, agents, arrangements, assets or properties, aspects of physicality, physiology or psychology, materials, matters, relations, or equivalent of another person — either surreptitiously or without freely given, informed, meaningful and unrevoked consent (an alleged order or warrant notwithstanding) — via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.18. No Treatment, Threatening
that you will not effect, facilitate, or otherwise foster any activity that imminently threatens another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.19. No Treatment, Trade, Trafficking, Human
that you will not effect, facilitate, or otherwise foster any activity that constitutes human trade, trafficking or equivalent via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.20.20. No Treatment, Trade, Trafficking, Sexual
that you will not effect, facilitate, or otherwise foster any activity that constitutes sex or sexual exploitation, slavery, trade, trafficking or equivalent via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation;
3.13.21. No Unauthorized Ads, Promotions
that you will not effect, facilitate, or otherwise foster any activity that advertises or promotes any goods, products, services, or equivalent of which you are not the sole verifiable owner via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, except with the appropriate and explicit authorization and consent of the other entity, office, or person who is owner of such goods, products, or services;
3.13.22. No Violating, Personal, Private
that you will not effect, facilitate, or otherwise foster any activity that breaches, infringes, or violates any confidential, personal, private or sensitive matters or materials, including data and information, with respect to another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, as provided for in the Codes and Policies and applicable law and regulation;
3.13.23. No Violating, Policies, Laws
that you will not effect, facilitate, or otherwise foster any activity that breaches, infringes, or violates any policies, principles, or protections with respect to another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, as provided for in the Codes and Policies and applicable law and regulation;
3.13.24. No Violating, Properties, Rights
that you will not effect, facilitate, or otherwise foster any activity that breaches, infringes, misappropriates, or violates any intellectual or real properties or proprietary rights with respect to another person via any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation, as provided for in the Codes and Policies and applicable law and regulation;
3.13.25. With Any, Ikoku Foundation
with the understanding that the aforementioned use of the phrase “any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation” means and includes any and all activities, agents, arrangements, areas, aspects, assets, devices, equipment, functions, interfaces, measures, networks, offices, operations, parts, parties, partners, persons, procedures, processes, properties, protections, protocols, sections, servers, systems, technologies, tools, users, visitors, or equivalent of The C&C Ikoku Foundation.
Section 3.13.26. Furthermore, with respect to activities relating to The C&C Ikoku Foundation that are clearly, inarguably and wholly unacceptable, for any reason and under any circumstance, you understand and agree to abide by the following:
3.13.27. Wholly Unacceptable, Access
that you may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as having, in any way, access to The C&C Ikoku Foundation Administration, or any equivalent of such, without the hand-signed authorization of Alvan Azinna Chibuzo Ikoku;
3.13.28. Wholly Unacceptable, Administration
that you may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as having, in any way, administration authority, control, decision-making, duties, powers, responsibilities, or any equivalent of such, relating to The C&C Ikoku Foundation without the hand-signed authorization of Alvan Azinna Chibuzo Ikoku;
3.13.29. Wholly Unacceptable, Association
that you may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as having, in any way, a relationship of affiliation, association, endorsement, fellowship, parenthood, partnership, sponsorship, subsidiarity, or any equivalent of such, relating to The C&C Ikoku Foundation without the hand-signed authorization of Alvan Azinna Chibuzo Ikoku;
3.13.30. Wholly Unacceptable, Membership
that you, not being Alvan Azinna Chibuzo Ikoku, may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as being, in any way, a member, or any equivalent of such, relating to The C&C Ikoku Foundation;
3.13.31. Wholly Unacceptable, Ownership
that you, not being Alvan Azinna Chibuzo Ikoku, may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as being, in any way, an owner or having, claims, interests, properties, proprietary rights, shares, stocks, or any equivalent of such, relating to The C&C Ikoku Foundation;
3.13.32. Wholly Unacceptable, Remuneration
that you may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as having, in any way, a receipt or relationship of disbursement, distribution, donation, financing, funding, payment, remuneration, or any equivalent of such, relating to The C&C Ikoku Foundation without the hand-signed authorization of Alvan Azinna Chibuzo Ikoku;
3.13.32. Wholly Unacceptable, Unofficial
that you may not, shall not and will not effect, facilitate, or otherwise foster any activity that assumes, construes, involves, or otherwise presents you as being, in any way, an official person of The C&C Ikoku Foundation, or any equivalent of such, without the hand-signed authorization of Alvan Azinna Chibuzo Ikoku;
3.13.33. Wholly Unacceptable, Violation of Founder
that you may not, shall not and will not effect, facilitate, or otherwise foster any activity that intentionally results, in any way, in discrimination, exhibition, experimentation, harassment, infringement, intrusion, monitoring, surveillance, use, or violation relating to the Founder, Alvan Azinna Chibuzo Ikoku, his person, properties, rights, spaces, or any equivalent of such, or in the diminishment or questioning of his humanness, humanity, or personhood;
3.13.34. Wholly Unacceptable, With Understanding
with the understanding that engaging in any of the aforementioned or equivalent activities constitutes one or more of several crimes and infringements — including burglary, counterfeiting, disorder, endangerment, fraud, harm, injury, theft, threat, trespass, violation of liberties and rights — as actionable, punishable and provided for under the Codes and Policies and applicable law and regulation.
Access and Activities
Section 3.14.0. With respect to any access, activities, and associated conduct and service you commence or continue, you understand and agree to abide by the following:
3.14.1. Access, Activity, as Authorized
that you will not represent or understand yourself to have any permission for login-requiring, password-protected, security-protected or otherwise restricted access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, except that which is explicitly approved, authorized and described for the purposes of a capacity or relationship as a user or visitor from the general public — as provided for in the Codes and Policies — or the purposes of an official capacity, employment, or relationship as expressly provided for in a separate written contract and legal instrument solely executed via the Founder’s authorization;
3.14.2. Access, Activity, as Permitted
that you will not attempt, effect, facilitate, or otherwise foster any access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, except that permitted and provided for in either the Codes and Policies or, where applicable, the above expressly written contract and legal instrument;
3.14.3. Access, Activity, as Self, Not Shared
that you will not attempt, effect, facilitate, or otherwise foster any access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, except as your self, solely via the use of your own username, password, or other security credentials and information; and that you will not provide your username, password, or other security credentials and information to any other person, use any other person’s username, password, or other security credentials and information, or otherwise access or use any activities, agents, arrangements, areas, assets, or other aspects of The C&C Ikoku Foundation through shared credentials;
3.14.4. Access, Activity, as User
that in your capacity as a user relating, in any way, to The C&C Ikoku Foundation, you will not access, browse, conduct, or otherwise use or visit any activities or aspects of The C&C Ikoku Foundation, except those The C&C Ikoku Foundation has explicitly made privately accessible and usable to you via your login information, your personal identification information, and other security measures pertaining solely and specifically to you, including those added, installed or placed to limit access or ensure and improve safety and security;
3.14.5. Access, Activity, as Visitor
that in your capacity as a visitor relating, in any way, to The C&C Ikoku Foundation, you will not access, browse, conduct, or otherwise use or visit any activities or aspects of The C&C Ikoku Foundation, except those The C&C Ikoku Foundation has explicitly made publicly accessible for browsing, conduct, service, or other use or visit without any login requirement, personal identification requirement, or other security measures, including those added, installed or placed to limit access or ensure and improve safety and security;
3.14.6. No Access, Activity, Non-Compliant
that, in any capacity, you will not attempt, effect, facilitate, or otherwise foster any access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, that is not compliant with the policies, principles, and protections provided for in the Codes and Policies and applicable law and regulation;
3.14.7. No Access, Activity, Non-Consensual
that, in any capacity, you will not attempt, effect, facilitate, or otherwise foster any access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, without the informed and revokable consent of the person concerned, as provided for in the Codes and Policies and applicable law and regulation;
3.14.8. No Access, Activity, Personal
that, in any capacity, you will not attempt, effect, facilitate, or otherwise foster any access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, that acts or operates as if, assumes, construes, depends upon, infers, presumes, or otherwise suggests that the personal — and thus distinctly confidential and private — activities, affairs, arrangements, areas, aspects, assets, body, brain or mind, conversations, matters, materials, papers, parts, person, physicality, physiology, self, space, speech, thought, or equivalent of any human individual is an activity, affair, arrangement, area, aspect, asset, business, operation, part, property, trade, or equivalent of The C&C Ikoku Foundation or accessible to or usable or visitable by any other person relating, in any way, to The C&C Ikoku Foundation;
3.14.9. No Access, Activity, Violating
and that you will not thus, or in any other way, attempt, effect, facilitate, or otherwise foster any access, activities, or associated conduct or service relating, in any way, to The C&C Ikoku Foundation, that diminishes, infringes, or violates the organization-, Founder-, or human-safeguarding policies, principles, and protections provided for in the Codes and Policies and applicable law and regulation.
Account and Registration
Section 3.15.0. With respect to any user account or profile creation and registration process relating to The C&C Ikoku Foundation that you commence or continue, you represent and warrant the following:
3.15.1. Account, Profile, Agreements
that your required Policies Agreements, Consents, Duties, and Knowledge pertaining to the Conditions and Terms, and the Codes and Policies, legally bind you and extend to your user account or profile creation and registration, as well as any personal, personalized or otherwise user-related conduct or service;
3.15.2. Account, Profile, User Information
and that with respect to any account, profile or user information — including, but not limited to, biographical, identifying or security information such as name, username, address, age, government-issued identification or number, password, or security question answers — that you provide, you further agree and adhere as delineated below:
3.15.2.1. Accurate, Current, Complete
that you provide accurate, current, complete and truthful account, profile and user information at all times, and to that effect, you correct and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, where appropriate, by contacting The C&C Ikoku Foundation;
3.15.2.2. Agree to End, If Inaccurate
that if you provide (or The C&C Ikoku Foundation has reasonable grounds to believe that you provide) any information that is false, inaccurate, incomplete or not current, The C&C Ikoku Foundation reserves the right to end, preclude, restrict, or suspend your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, in addition to exercising all remedies and rights allowed by the Codes and Policies and applicable law and regulation;
3.15.2.3. Responsibilities, Safekeeping
that The C&C Ikoku Foundation holds you solely responsible for safekeeping your account, profile and user information, and accordingly, that you safeguard such account, profile and user information as confidential, private and, where applicable, sensitive information;
3.15.2.4. Responsibilities, Use
and that The C&C Ikoku Foundation holds you solely responsible for your account, profile and user information use, and accordingly, all uses of account, profile and user information established for you during a registration or similar process are attributed to you, legally bind you, and are relied upon by The C&C Ikoku Foundation in providing or provisioning the Products and Services or otherwise pursuing its mission and purposes — and such uses of your established account, profile and user information are relied upon as being a use made by you, even if another entity, office, or person accessed, collected, used, or otherwise processed such information.
3.15.3. Receiving Communication
with the understanding that, following your user account or profile creation and registration, you may receive electronic and other written communications and notifications from The C&C Ikoku Foundation, published or sent from time to time, that may describe efforts, endeavors, products, services, updates, and other equivalent work of The C&C Ikoku Foundation; where applicable, such communication and notification also provide users the opportunity to opt out of receiving future automated communication, and if you do wish to opt out, you will be able to easily do so by following instructions located in the communication you receive.
Affiliation and Allocation
Section 3.16.0. With respect to any affiliation, allocation, and activity and representation subsequent to any arrangement or agreement relating to The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.16.1. No Other Agreement, Arrangement
that, other than the Agreement you enter into via the Codes and Policies, you will not assume, attempt, claim, construe, effect, engage in, enter into, facilitate, imply, infer, presume, suggest, or otherwise understand yourself to be in any specific agreement or arrangement relating, in any way, to The C&C Ikoku Foundation, without express and separate written agreement or arrangement and legal instrument, executed solely via authorization of the Founder, Alvan Azinna Chibuzo Ikoku.
3.16.2. No Unauthorized Affiliation
you will not attempt, effect, facilitate, or otherwise foster any access, action, activity, communication, operation, participation, or other use or visit that acts as if, assumes, claims, construes, depends upon, infers, presumes, suggests, or otherwise understands yourself or another agent, entity, group, organization, or person to be affiliated with, belonging to, endorsing or endorsed by, owning or owned by, part of, in partnership with, sponsoring or sponsored by, supervising or supervised by, or otherwise supporting or supported by The C&C Ikoku Foundation, without the above authorized and express agreement or arrangement and legal instrument by the Founder.
3.16.3. No Unauthorized Allocation, Entity
that you will not take any action, activity, communication, contract, instrument, operation, participation, visit, or other use relating, in any way, to The C&C Ikoku Foundation as indication of any asset, donor, finance, funding, property, or resource allocation, dedication, preference, or other transfer or will, either charitable or non-charitable, on the part of The C&C Ikoku Foundation or any of its official persons, or other agents, without the above authorized and express agreement or arrangement and legal instrument by the Founder.
3.16.4. No Unauthorized Allocation, Founder
that you will not take any action, activity, communication, contract, instrument, operation, participation, visit, or other use relating, in any way, to the Founder, Alvan Azinna Chibuzo Ikoku, as indication of any asset, donor, finance, funding, property, or resource allocation, dedication, preference, or other transfer or will, either charitable or non-charitable, on the part of The C&C Ikoku Foundation or any of its official persons, or other agents, without the above authorized and express agreement or arrangement and legal instrument by the Founder;
3.16.5. No Unauthorized Representation
that you will not falsely or misleadingly impersonate or represent any official aspect, office, part, person, or equivalent of The C&C Ikoku Foundation, especially the Founder, Alvan Azinna Chibuzo Ikoku, in any action, activity, communication, operation, participation, or other use or visit; nor will you misleadingly offer, present, or otherwise presume permission for any such action, activity, communication, operation, participation, or other use or visit as if authorized or permitted by any of the aforementioned.
Charges and Transactions
Section 3.17.0. With respect to charges and fees for any conduct or service you commence or continue, you understand and agree to abide by the following:
3.17.1. Charges, Fees, Agreements
that your required Policies Agreements, Consents, Duties, and Knowledge pertaining to the Conditions and Terms, and the Codes and Policies, legally bind you and extend to charges and fees incurred in any way due to or in connection with any of your user-related conduct or service;
3.17.2. Charges, Fees, Rights
that The C&C Ikoku Foundation reserves the right, at any time, to charge fees for your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, and as such you further agree
3.17.3. Charges, Fees, Rights, Account
that, if at any time The C&C Ikoku Foundation requires such a fee, The C&C Ikoku Foundation has the right to require you to register as a user, and thus requests that you do so and create an Account;
3.17.4. Charges, Fees, Rights, Account Access
that, where registration is thus required and requested, your decision to register and provide the personal information needed to create an Account is voluntary; however, where you decide not to register or provide such information, you understand and accept that The C&C Ikoku Foundation reserves the right to base access to the Products and Services on user registration, and accordingly ends, precludes, restricts, or suspends your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services;
3.17.5. Charges, Fees, Rights, Business Service
that the right to charge fees includes, but is not limited to, any current or future business offering and service of The C&C Ikoku Foundation;
3.17.6. Charges, Fees, Rights, Subscription Service
that the right to charge fees includes, but is not limited to, any current or future subscription service of The C&C Ikoku Foundation;
3.17.7. Charges, Fees, Rights, Transaction Service
that the right to charge fees includes, but is not limited to, any current or future transaction service of The C&C Ikoku Foundation;
3.17.8. Charges, Fees, Rights, User Payment
that The C&C Ikoku Foundation has the right to have all payment of charges and fees incurred be made by users through their Accounts, and thus where fees and registration are required, you are to pay all charges and fees incurred in any way in connection with or through your Account at the rates in effect for the billing period in which such charges and fees are incurred, including but not limited to charges for any goods, products, services, or equivalent offered for sale through the Products and Services by The C&C Ikoku Foundation;
3.17.9. Charges, Fees, Taxes, Rights, User Payment
that The C&C Ikoku Foundation has the right to have all payment of applicable taxes be made by users through their Accounts, and thus where fees and registration are required, you are to pay all applicable taxes relating to the use of the Products and Services, and the purchase of any other goods, products, services, or equivalent, through your Account;
3.17.10. Charges, Fees, Taxes, Rights, User Payment Responsibility
and that The C&C Ikoku Foundation has the right to hold users solely responsible for applicable fees, charges, and taxes, and thus where fees and registration are required, all such charges, fees, and taxes are to be billed to you, and you shall be solely responsible for their payment.
Section 3.18.0. And with respect to financial transactions at and of The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.18.1. Transactions, As Authorized
that The C&C Ikoku Foundation require and ensure that each person engaged in or seeking to engage in any financial transaction or equivalent activity — including charges, disbursements, donations, fees, financing, funding, lending, marketing, payments, and sales — is explicitly authorized to engage in such financial transaction or equivalent activity via the Founder’s authorization;
3.18.2. Transactions, As Clear, Consented
that The C&C Ikoku Foundation require and ensure that each financial transaction or equivalent activity be reasonably clear, transparent, voluntary and engaged in via informed consent;
3.18.3. Transactions, As Documented, Signed
that The C&C Ikoku Foundation require and ensure that each financial transaction or equivalent activity have a written contract or equivalent legal instrument signed by the parties involved, that such written instrument clearly convey the conditions and terms of the financial transaction or equivalent activity in a language understood by each signatory, and that the described financial transaction or equivalent activity commence only after said written instrument is signed and consented to by each said signatory;
3.18.4. Transactions, As Protective, Secure
that The C&C Ikoku Foundation require and ensure that each financial transaction or equivalent activity is protective and secure with respect to the rights of all signatories to its written contract or equivalent instrument, and fulfills this obligation in part by adhering to pertinent policies, principles, and protections provided for in the Data and Information Policy, the Codes and Policies, and applicable law and regulation;
3.18.5. Transactions, As Rights Respectful
that The C&C Ikoku Foundation require and ensure that each financial transaction or equivalent activity is respectful of the rights of all signatories to its written contract or equivalent instrument;
3.18.6. Transactions, As Usage Adherent
and that The C&C Ikoku Foundation require and ensure that each financial transaction or equivalent activity that uses a mark, name, or equivalent of The C&C Ikoku Foundation do so only after obtaining specific authorization by the Founder, Alvan Azinna Chibuzo Ikoku, and that The C&C Ikoku Foundation require and ensure that each financial transaction or equivalent activity thusly authorized to use a mark, name, or equivalent of The C&C Ikoku Foundation strictly adhere to the terms of the authorization and to the Intellectual Property Policy.
Compliance Actions
Section 3.19.0. With respect to compliance actions and possible restriction, suspension, or termination of your Agreement and relationship with The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.19.1. Compliance, Advisement, Discretion
that The C&C Ikoku Foundation and the Founder have the sole authority, discretion, powers, and rights of adjudication, compliance, and any resultant restriction, suspension, or termination pertaining to the Codes and Policies and your Agreement, as provided for in the Conditions of Founding and Conditions of Governance; and that you are advised and understand that The C&C Ikoku Foundation and Founder will aggressively enforce such authority, discretion, powers, and rights to the fullest extent of the law;
3.19.2. Compliance, Advisement, No Waiver
that you are advised and understand that any failure on the part of The C&C Ikoku Foundation or Founder to enforce or insist on strict performance of any of the provisions of the Codes and Policies or your Agreement does not constitute or operate as a waiver of any default, failure of performance, or waiver of such authority, discretion, powers, and rights of The C&C Ikoku Foundation or Founder;
3.19.3. Compliance, End, Ikoku Foundation
that, without notice, The C&C Ikoku Foundation may end, preclude, restrict, or suspend your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, or any other conduct or service relating to The C&C Ikoku Foundation that you may wish to commence or continue, along with your associated Agreement, with or without cause, at any time and effective immediately, without any liability to you or any third party or person;
3.19.4. Compliance, End, Self
that, without notice, you may end or suspend your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, or any other conduct or service relating to The C&C Ikoku Foundation that you commenced or continued, along with your associated Agreement, with or without cause, at any time, by completely discontinuing all use and destroying all related matter and materials as described below;
3.19.5. Compliance, Violation, Actions
that any infringement or violation of the Codes and Policies or applicable law or regulation may result in restriction, suspension, or termination of your access to — as well as activity via, participation in, or receipt of service from — parts, sections, or the whole of the Products and Services, or any other conduct or service relating to The C&C Ikoku Foundation that you may wish to commence or continue, along with your associated Agreement, and furthermore may be referred to law enforcement authorities;
3.19.6. Compliance, With Termination, Actions
and that upon any of the foregoing end or termination scenarios, or upon demand by The C&C Ikoku Foundation or Founder, you must discontinue all such access, activity, conduct, or service, including associated accounts, and you must destroy all matter and materials arising, derived, obtained, or otherwise processed via the Products and Services and The C&C Ikoku Foundation, as well as all related documentation, copies, and installations thereof.
Compliance Against Risks, Threats
— From Incompatibility
Section 3.20.0. With respect to compliance and protections against standard risks and threats due to incompatibility, you understand and agree to abide by the following:
3.20.1. Compliance, Incompatibility
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons against standard risks and threats resulting from any incompatibility with The Chinyere and Chinelo Ikoku Foundation;
3.20.2. Compliance, Incompatibility, Acts
including such standard risks and threats resulting from commencing or continuing acts, activities, operations, or equivalent determined to effect, facilitate, or otherwise foster any incompatibility with The Chinyere and Chinelo Ikoku Foundation;
3.20.3. Compliance, Incompatibility, Administration
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any incompatibility with The Chinyere and Chinelo Ikoku Foundation’s founding, governance, or overall administration;
3.20.4. Compliance, Incompatibility, Conduct
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering inhumane conduct, as defined in the Codes and Policies;
3.20.5. Compliance, Incompatibility, Faith
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering a basic non-alignment with the Humana Faith;
3.20.6. Compliance, Incompatibility, Means
including such standard risks and threats resulting from commencing or continuing means, measures, methods, or modes determined to effect, facilitate, or otherwise foster any incompatibility with The Chinyere and Chinelo Ikoku Foundation;
3.20.7. Compliance, Incompatibility, Persons
including such standard risks and threats resulting from commencing or continuing relations with persons determined by the Founder to be effectors or facilitators of any incompatibility with The Chinyere and Chinelo Ikoku Foundation;
3.20.8. Compliance, Incompatibility, Understanding
with the understanding that the aforementioned determinations of incompatibility, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
— From Inconsistency
Section 3.21.0. With respect to compliance and protections against standard risks and threats due to inconsistency, you understand and agree to abide by the following:
3.21.1. Compliance, Inconsistency
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons against standard risks and threats resulting from any inconsistency in policies and attendant practices, processes, procedures, proceedings, or equivalent;
3.21.2. Compliance, Inconsistency, Acts
including such standard risks and threats resulting from commencing or continuing acts, activities, operations, or equivalent determined to effect, facilitate, or otherwise foster any inconsistency in policies, practices, procedures, processes, or equivalent of The C&C Ikoku Foundation;
3.21.3. Compliance, Inconsistency, Administration
including such standard risks and threats resulting from any inconsistency in policies, practices, procedures, processes, or equivalent pertaining to The C&C Ikoku Foundation’s administration;
3.21.4. Compliance, Inconsistency, Conduct, Service
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any conduct or service that is inconsistent with the most humane and protective interpretations of the Codes and Policies as well as applicable law and regulation;
3.21.5. Compliance, Inconsistency, Discriminatory
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering discriminatory, undue or unequal burden on or treatment of a human individual;
3.21.6. Compliance, Inconsistency, Instrumental
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering an instrumental use of a human individual as a means to others’s ends;
3.21.7. Compliance, Inconsistency, Targeting
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering the targeting — including flagging, persecuting, stalking, or tracking — of a human individual;
3.21.8. Compliance, Inconsistency, Utilitarian
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering a utilitarian use of a human individual for the greater good or the increased or maximal gain of a community, field, or state;
3.21.9. Compliance, Inconsistency, Understanding
with the understanding that the aforementioned determinations of inconsistency, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
— From Infringement
Section 3.22.0. With respect to compliance and protections against standard risks and threats due to infringement, you understand and agree to abide by the following:
3.22.1. Compliance, Infringement
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons from standard risks and threats resulting from any infringement relating to The C&C Ikoku Foundation;
3.22.2. Compliance, Infringement, Acts
including such standard risks and threats resulting from commencing or continuing acts, activities, operations, or equivalent determined to effect, facilitate, or otherwise foster any infringement of The C&C Ikoku Foundation;
3.22.3. Compliance, Infringement, Administration
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any infringement of The C&C Ikoku Foundation’s administration;
3.22.4. Compliance, Infringement, Agreement
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any infringement of your Agreement entered into via commencing or continuing any conduct or service at The C&C Ikoku Foundation;
3.22.5. Compliance, Infringement, Areas
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any infringement of the official areas, offices, parts, properties, sections, or equivalent of The C&C Ikoku Foundation;
3.22.6. Compliance, Infringement, Conduct, Services
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any infringement of an official conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — of The C&C Ikoku Foundation;
3.22.7. Compliance, Infringement, Codes, Laws, Policies
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any infringement of the Codes and Policies or applicable law or regulation;
3.22.8. Compliance, Infringement, Effect
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any unintentional infringement relating to The C&C Ikoku Foundation;
3.22.9. Compliance, Infringement, Intent
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any intentional infringement relating to The C&C Ikoku Foundation;
3.22.10. Compliance, Infringement, Means
including such standard risks and threats resulting from commencing or continuing means, measures, methods, or modes determined to effect, facilitate, or otherwise foster any infringement relating to The C&C Ikoku Foundation;
3.22.11. Compliance, Infringement, Persons
including such standard risks and threats resulting from commencing or continuing relations with persons determined to effect, facilitate, or otherwise foster any infringement relating to The C&C Ikoku Foundation;
3.22.12. Compliance, Infringement, Understanding
with the understanding that the aforementioned determinations of infringement, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
— From Insecurity
Section 3.23.0. With respect to compliance and protections against standard risks and threats due to insecurity, you understand and agree to abide by the following:
3.23.1. Compliance, Insecurity
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons against standard risks and threats resulting from any insecurity relating to The C&C Ikoku Foundation;
3.23.2. Compliance, Insecurity, Acts
including such standard risks and threats resulting from commencing or continuing acts, activities, operations, or equivalent determined to effect, facilitate, or otherwise foster any insecurity relating to The C&C Ikoku Foundation;
3.23.3. Compliance, Insecurity, Administration
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any insecurity in The C&C Ikoku Foundation’s administration;
3.23.4. Compliance, Insecurity, Areas
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any insecurity in the official areas, offices, parts, properties, sections, or equivalent of The C&C Ikoku Foundation;
3.23.5. Compliance, Insecurity, Conduct, Services
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any insecurity in an official conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — of The C&C Ikoku Foundation;
3.23.6. Compliance, Insecurity, Means
including such standard risks and threats resulting from commencing or continuing means, measures, methods, or modes determined to effect, facilitate, or otherwise foster any insecurity relating to The C&C Ikoku Foundation;
3.23.7. Compliance, Insecurity, Persons
including such standard risks and threats resulting from commencing or continuing relations with persons determined to effect, facilitate, or otherwise foster any insecurity relating to The C&C Ikoku Foundation.
3.23.8. Compliance, Insecurity, Understanding
with the understanding that the aforementioned determinations of insecurity, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
— From Interference
Section 3.24.0. With respect to compliance and protections against standard risks and threats due to interference, you understand and agree to abide by the following:
3.24.1. Compliance, Interference
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons against standard risks and threats resulting from any interference relating to The C&C Ikoku Foundation;
3.24.2. Compliance, Interference, Acts
including such standard risks and threats resulting from commencing or continuing acts, activities, operations, or equivalent determined to effect, facilitate, or otherwise foster any interference relating to The C&C Ikoku Foundation;
3.24.3. Compliance, Interference, Administration
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any interference with The C&C Ikoku Foundation’s administration;
3.24.4. Compliance, Interference, Areas
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any interference with the official areas, offices, parts, properties, sections, or equivalent of The C&C Ikoku Foundation;
3.24.5. Compliance, Interference, Conduct, Services
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any interference with an official conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — of The C&C Ikoku Foundation;
3.24.6. Compliance, Interference, Means
including such standard risks and threats resulting from commencing or continuing means, measures, methods, or modes determined to effect, facilitate, or otherwise foster any interference relating to The C&C Ikoku Foundation;
3.24.7. Compliance, Interference, Persons
including such standard risks and threats resulting from commencing or continuing relations with persons determined to effect, facilitate, or otherwise foster any interference relating to The C&C Ikoku Foundation;
3.24.8. Compliance, Interference, Understanding
with the understanding that the aforementioned determinations of interference, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
— From Intrusion
Section 3.25.0. With respect to compliance and protections against standard risks and threats due to intrusion, you understand and agree to abide by the following:
3.25.1. Compliance, Intrusion
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons against standard risks and threats resulting from any intrusion relating to The C&C Ikoku Foundation;
3.25.2. Compliance, Intrusion, Acts
including such standard risks and threats resulting from commencing or continuing acts, activities, operations, or equivalent determined to effect, facilitate, or otherwise foster any intrusion relating to The C&C Ikoku Foundation;
3.25.3. Compliance, Intrusion, Administration
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any intrusion into The C&C Ikoku Foundation’s administration;
3.25.4. Compliance, Intrusion, Areas
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any intrusion into the official areas, offices, parts, properties, sections, or equivalent of The C&C Ikoku Foundation;
3.25.5. Compliance, Intrusion, Conduct, Services
including such standard risks and threats resulting from effecting, facilitating, or otherwise fostering any intrusion into an official conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — of The C&C Ikoku Foundation;
3.25.6. Compliance, Intrusion, Means
including such standard risks and threats resulting from commencing or continuing means, measures, methods, or modes determined to effect, facilitate, or otherwise foster any intrusion relating to The C&C Ikoku Foundation;
3.25.7. Compliance, Intrusion, Persons
including such standard risks and threats resulting from commencing or continuing relations with persons determined to effect, facilitate, or otherwise foster any intrusion relating to The C&C Ikoku Foundation;
3.25.8. Compliance, Intrusion, Understanding
with the understanding that the aforementioned determinations of intrusion, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
— From Invalidation
Section 3.26.0. With respect to compliance and protections against standard risks and threats due to effective invalidation, you understand and agree to abide by the following:
3.26.1. Compliance, Invalidation
that The C&C Ikoku Foundation reserves, and to fullest extent possible exercises, the right to protect itself and the Founder, as first priorities, then where reasonable, other natural persons against standard risks and threats resulting from any effective invalidation or weakening of the principles, protections, and provisions of the Codes and Policies or applicable law and regulation;
3.26.2. Compliance, Invalidation, Arguments
including such standard risks and threats resulting from arguments, justifications, and rationalizations that posit any of the following to be an abrogating, diminishing, nullifying or otherwise overriding priority, in effect or intent:
3.26.2.1. Compliance, Invalidation, Administration, Use
administration, control, ownership, property, use, utility, or equivalent that is argued, assumed, perceived or presumed to be collective, common, communal, communist, cooperative, decentralized, federated, franchised, governmental, multiplied, pluralized, political, public, social, socialist, statist, religious or utilitarian or equivalent;
3.26.2.2. Compliance, Invalidation, Assent, Consent
assent, consent, permission, or equivalent that is argued, assumed, perceived or presumed or to be given, informed, presumed or unrevoked, rather than confirmed as such;
3.26.2.3. Compliance, Invalidation, Benefit, Need
benefit, gain, good, interest, mission, need, reason, or equivalent that is argued, assumed, perceived or presumed to be collective, common, communal, governmental, political, public, social, socialist, statist, utilitarian or equivalent;
3.26.2.4. Compliance, Invalidation, Care, Capacity
care, guardianship, incapacity, incompetency, protection, wardship, or equivalent that is argued, assumed, perceived or presumed to be necessary or in need of determination;
3.26.2.5. Compliance, Invalidation, Conversation, Speech
conversation, dialogue, speech, talk, voicing, or equivalent that is argued, assumed, perceived or presumed to be public or otherwise permitted for access, dissemination, recording, or transmission rather than confirmed as such via consent;
3.26.2.6. Compliance, Invalidation, Danger, Threat
danger, fear, harm, health, safety, security, threat, violence, toxicity, or equivalent that is broad, existential, nebulous, non-actual, non-factual, non-immediate, non-imminent, vague or otherwise does not pass judicial review and scrutiny under applicable law and regulation;
3.26.2.7. Compliance, Invalidation, Data, Information
data, evidence, fact, information, knowledge, truth, or equivalent that is argued, assumed, perceived or presumed to be collective, common, communal, governmental, political, public, social or equivalent in interest, nature, or use;
3.26.2.8. Compliance, Invalidation, Education, Research
education, learning, research, study, teaching, training, or equivalent that is argued, assumed, perceived or presumed to be beneficial, edifying, efficient, needed or otherwise good or necessary, or collective, common, communal, governmental, political, public, social or equivalent in interest, nature, or use;
3.26.2.9. Compliance, Invalidation, Equality, Equity
equality, equity, fairness, justice, remedy, or equivalent that is argued, assumed, perceived or presumed to be beneficial, edifying, efficient, needed or otherwise good or necessary, or collective, common, communal, governmental, political, public, social or equivalent in interest, nature, or use;
3.26.2.10. Compliance, Invalidation, Evaluation, Transparency
evaluation, inquiry, interview, investigation, monitoring, oversight, regulation, review, scrutiny, supervision, surveillance, tracking, transparency, or equivalent that is argued, assumed, perceived or presumed to be beneficial, edifying, efficient, needed or otherwise good or necessary;
3.26.2.11. Compliance, Invalidation, Expediency, Reduction
expediency that advocates a reduction in expectations and protections of, or any provisions and requirements for, the principles, protections, and provisions of the Codes and Policies or applicable law and regulation;
3.26.3. Compliance, Invalidation, Understanding
with the understanding that the aforementioned determinations of effective invalidation, and of standard risks and threats, are to be made solely by the Founder and executed solely via the Founder’s authorization.
Section 3.27.0. Furthermore, with respect to such protections from effective invalidation, you understand and agree to abide by the following:
3.27.1. Compliance, Invalidation, Authorization
that you and The C&C Ikoku Foundation do not treat any aspect of The C&C Ikoku Foundation or the Founder, or their conduct or service — including any act, activity, agent, arrangement, asset, or involved material or matter — as not administered solely by the Founder, in any way, unless the Founder has provided and not revoked his authorization that such aspect is to be administered in coordination with another specified person or equivalent, and where such authorization is provided and unrevoked, the Founder explicitly, expressly and specifically states the terms for coordinated administration or equivalent delineated below;
3.27.1.1. Compliance, Invalidation, Authorization, Activity
the ethical, lawful and specific aspect, conduct, or service — including any activity, agent, arrangement, asset, or involved material or matter — relating to The C&C Ikoku Foundation or the Founder to be administered in coordination or equivalent;
3.27.1.2. Compliance, Invalidation, Authorization, Aim
the ethical, lawful and specific aim, goal, objective, or purpose of having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.3. Compliance, Invalidation, Authorization, Benefits
the ethical, lawful and specific benefits to The C&C Ikoku Foundation or the Founder, and any other person concerned, of having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.4. Compliance, Invalidation, Authorization, Costs
the ethical, lawful and specific costs to The C&C Ikoku Foundation or the Founder, and any other person concerned, of having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.5. Compliance, Invalidation, Authorization, Duration
the ethical, lawful and specific duration – and time considerations or implications – for having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.6. Compliance, Invalidation, Authorization, Manner
the ethical, lawful and specific manner, means, method, or mode for having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.7. Compliance, Invalidation, Authorization, Materials
the ethical, lawful and specific categories or types of materials involved in having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.8. Compliance, Invalidation, Authorization, Matters
the ethical, lawful and specific categories or types of matters involved in having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.9. Compliance, Invalidation, Authorization, Persons
the ethical, lawful and specific categories or types of persons involved in having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.10. Compliance, Invalidation, Authorization, Risks
the ethical, lawful and specific risks to The C&C Ikoku Foundation or the Founder and any other person concerned — including but not limited to harms and their effect, extent, likelihood, remedy — of having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.11. Compliance, Invalidation, Authorization, Safeguards
the ethical, lawful and specific safeguards — of benefits and against risks to The C&C Ikoku Foundation or the Founder and any other person concerned — of having the aforementioned aspect, conduct, or service be administered in coordination or equivalent;
3.27.1.12. Compliance, Invalidation, Authorization, Status
the ethical, lawful and specific procedures of keeping The C&C Ikoku Foundation or the Founder informed of the administrative status of the aforementioned aspect, conduct, or service;
3.27.1.13. Compliance, Invalidation, Authorization, Voluntary
the ethical, lawful and specific means by which the Founder shall voluntarily give, maintain, or revoke such authorization for the aforementioned aspect, conduct, or service to be administered in coordination or equivalent;
3.27.2. Confirmed via Processes
all of the aforementioned as confirmed – even repeated, where appropriate – via processes conducted by The C&C Ikoku Foundation, via the Founder’s authorization, and not to be substituted by processes conducted by other persons;
3.27.3. Confirmed via Writing
with none of the aforementioned being acceptable as authorization when indicated, provided or otherwise received orally or vocally or via any form other than written;
3.27.4. Confirmed not Presumed
with none of the aforementioned being acceptable as authorization when assumed, presumed or equivalent, and only upon meeting all requirements and standards above may such authorization be deemed confirmed.
Disclaimers
Section 3.28.0. With respect to disclaimers of The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.28.1. As-Is and As-Available
that accessible parts and sections of The C&C Ikoku Foundation — especially the Products and Services, including the Sites, and all associated with, contained within, downloadable from and otherwise relating to them — are provided “as is” and “as available” to you, and that any conduct or service relating to the aforementioned — including any activity, agent, arrangement, or involved material or matter — that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned, is solely at your own risk.
3.28.2. No Guarantee, Representation, Warranty
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty of any kind, express or implied, as to any of the aforementioned parts, sections, or Products and Services, including but not limited to the aspects listed below
3.28.3. No Guarantee, Applicability, Compatibility
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are applicable to your situation or compatible with any of your devices, equipment, systems, technologies, or equivalent, or that any such inapplicability or incompatibility will be reduced, removed or otherwise remedied.
3.28.4. No Guarantee, Complete, Current, Error-Free
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are accurate, complete, current, error-free, or equivalent, or that any such deficiencies, errors, inaccuracies, incompleteness, omissions, or equivalent will be reduced, removed or otherwise remedied.
3.28.5. No Guarantee, Interference-Free
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are free from interference, intrusion, trespass, or equivalent unauthorized and violating action — such as additions, alterations, attacks, breaches, deletions, hacks, interferences, manipulations, mirroring, or equivalent — and that any such actions or their effects will be reduced, removed or otherwise remedied.
3.28.6. No Guarantee, Malware-Free
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are free from contaminating, destructive or harmful components, features, or materials — such as malware, phishing, spyware, “trojan horses,” viruses, worms, or equivalent — and that any such components, features, or materials will be reduced, removed or otherwise remedied.
3.28.7. No Guarantee, Merchantability
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are merchantable — such as being in commercially acceptable state, fit for market or use, ready for sale or use, or equivalent — and that any such non-merchantability will be reduced, removed or otherwise remedied.
3.28.8. No Guarantee, Non-Infringement
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are non-infringing — such as of rights or their protections — and that any such infringement will be reduced, removed or otherwise remedied.
3.28.9. No Guarantee, Purpose Fitness
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are fit for purpose — such as for a particular purpose or use or those arising by statute or otherwise in law from a course of dealing or usage of trade — and that any such non-fitness will be reduced, removed or otherwise remedied.
3.28.10. No Guarantee, Reliability
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are reliable — such as being able to adequately operate or perform, without failures or interruptions, at an intended level, for an intended time, or in an intended environment — and that any such non-reliability will be reduced, removed or otherwise remedied.
3.28.11. No Guarantee, Third-Party Links
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty concerning links to third parties — such as to external applications, devices, goods, products, services, sites, or equivalent — that are accessible or otherwise available via any of the aforementioned parts, sections, or Products and Services; that where such link exists, The C&C Ikoku Foundation is neither endorsing, nor in any way responsible for, any conduct, content, information, or equivalent that is accessible via the link or the third party that maintains it; and that The C&C Ikoku Foundation further disclaims any guarantees, representations, or warranties for any information received via any such links.
3.28.12. No Guarantee, Third-Party Practices, Services
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty concerning, and is not in any way responsible for, any third-party goods, products, services, sites, or conduct or service — including any activity, agent, arrangement, or involved material or matter — even if accessed or available through the aforementioned parts, sections, or Products and Services; and that you are solely responsible for reviewing, and deciding whether to agree or consent to, the agreements, codes and policies, conditions and terms, confidentiality, privacy and security practices, and equivalent that apply to such third-party goods, products, services, sites, or conduct or service.
3.28.13. No Guarantee, Title
that The C&C Ikoku Foundation makes no guarantee, representation, or warranty that any of the aforementioned parts, sections, or Products and Services are of title — such as that establishing clear and free ownership of real or intellectual property — and that any such non-title will be reduced, removed or otherwise remedied.
3.28.14. Given Disclaimers, Sole Risk
and further, that given the above disclaimers by The C&C Ikoku Foundation regarding any guarantees, representations, warranties, or equivalent, any conduct or service relating to the aforementioned parts, sections, or Products and Services — including any activity, agent, arrangement, or involved material or matter — that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned, is clearly and solely at your own risk.
Indemnification
Section 3.29.0. With respect to indemnification, you understand and agree to abide by the following:
3.29.1. Indemnification, Basis
that you, at your own expense, agree to indemnify and therefore defend and hold harmless The C&C Ikoku Foundation, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — against and from any and all claims, causes of action, costs, damages, harms, injuries, liabilities, losses, and equivalent of every nature incurred in any way due to or in connection with your conduct or service relating to any of the aforementioned parts, sections, or Products and Services, including but not limited to as described in the aforementioned disclaimers and limited liability scenarios, as well as the additional indemnification scenarios below.
3.29.1.1. from Advice, Assistance, Support
from any advice, assistance, customer, help, remedy, repair, technical, or other support services provided by The C&C Ikoku Foundation, its official persons, third parties, or the Founder.
3.29.1.2. from Breach, Agreement, Covenant, Promise
from any breach of any agreement, covenant, or promise to be performed by you hereunder, in accordance with the Codes and Policies, your Agreement, and otherwise relating to The C&C Ikoku Foundation.
3.29.1.3. from Breach, Representation, Warranty
from any breach of representation or warranty, or any misrepresentation, made by you contained herein, in accordance with the Codes and Policies, your Agreement, and otherwise relating to The C&C Ikoku Foundation.
3.29.1.4. from Infringement, Protection, Rights
from any of your conduct or service relating to The C&C Ikoku Foundation that infringes any rights or protections of The C&C Ikoku Foundation, its official persons, third parties, or the Founder, including such rights and protections concerning confidentiality and privacy, intellectual and real property, publicity and reputation, particularly defamation and libel.
3.29.1.5. from Unauthorized, Unconsented Use
from any of your conduct or service relating to The C&C Ikoku Foundation that is unauthorized, or without the Founder’s unrevoked authorization and consent, as provided for in the Codes and Policies.
3.29.1.6. from Violation, Codes, Policies
from any of your conduct or service relating to The C&C Ikoku Foundation that violates the Codes and Policies.
3.29.1.7. from Violation, Law, Regulation
from any of your conduct or service relating to The C&C Ikoku Foundation that violates applicable law or regulation.
3.29.1.8. from Your Account, Device Use
from any of the aforementioned conduct or service, as commenced, continued, or otherwise engaged by an entity, office, or person using your account, name, username, password, or other identifiers, or using your device, equipment, technology, or equivalent.
3.29.2. Indemnification, Legal Cooperation
with the understanding that you agree to cooperate fully in the defense of any of the foregoing, and with The C&C Ikoku Foundation and the Founder in asserting any available defense.
3.29.3. Indemnification, Legal Expenses
with the understanding that you agree to pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys’s fees and costs awarded against or otherwise incurred in any way due to or in connection with any such claim, cause of action, lawsuit, or other proceeding attributable to any such claim, and any and all lawsuits brought against you by The C&C Ikoku Foundation under applicable law and regulation, the Codes and Policies, the Conditions and Terms, and any other terms and conditions of service on the Products and Services, including without limitation, lawsuits arising from your failure to indemnify The C&C Ikoku Foundation pursuant to the Conditions and Terms.
3.29.4. Indemnification, Ikoku Foundation Control
with the understanding that you agree that The C&C Ikoku Foundation reserves the right, at its own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you.
3.29.5. Indemnification, Ikoku Foundation Consent
with the understanding that, in the case of the foregoing, you agree to not settle any matter without the consent and further agreement of The C&C Ikoku Foundation and the Founder, solely via the Founder’s authorization.
3.29.6. Indemnification, Where Limited
with the understanding that your obligation to indemnify, defend, and hold harmless may be limited to the extent that you are afforded sovereign immunity under applicable law; and that in such cases where your obligation to indemnify may be limited due to the requirements of applicable law, you remain responsible for the ordinary negligent acts and omissions of your agents and employees causing harm or equivalent to persons not a party to this Agreement.
Liability Limitation
Section 3.30.0. With respect to the limitation of liability, you understand and agree to abide by the following:
3.30.1. Non-Liability, Basis
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any conduct or service relating to any accessible parts or sections of The C&C Ikoku Foundation — especially the Products and Services, including the Sites, and all associated with, contained within, downloadable from and otherwise relating to them — that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned; and that in such a case, you assume the entire cost of any necessary or optional recovery, repair, servicing, or equivalent remedy.
3.30.1.1. for Applicability, Compatibility
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any inapplicability or incompatibility of any of the aforementioned parts, sections, or Products and Services to or with your situation or any of your devices, equipment, systems, technologies, or equivalent.
3.30.1.2. for Data, Devices
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent to data and information, devices, equipment, systems, technologies, or their equivalent arising from your conduct, service, as well as any further reliance on, use of, or inability to use any of the aforementioned parts, sections, or Products and Services.
3.30.1.3. for Errors, Omissions
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any deficiencies, errors, inaccuracies, incompleteness, omissions, or equivalent in any of the aforementioned parts, sections, or Products and Services.
3.30.1.4. for Infringement
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any infringement — such as of rights or their protections — via any of the aforementioned parts, sections, or Products and Services.
3.30.1.5. for Interference
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any interference, intrusion, trespass, or equivalent unauthorized and violating action — such as addition, alteration, attack, breach, deletion, disruption, duplication, hack, insertion, manipulation, mirroring, scraping, or equivalent — in any of the aforementioned parts, sections, or Products and Services.
3.30.1.6. for Malware
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any contaminating, destructive or harmful components, features, or materials — such as malware, spyware, “trojan horses,” viruses, worms, or equivalent — in any of the aforementioned parts, sections, or Products and Services.
3.30.1.7. for Merchantability
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-merchantability in any of the aforementioned parts, sections, or Products and Services.
3.30.1.8. for Purpose Fitness
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-fitness for purpose or use in any of the aforementioned parts, sections, or Products and Services.
3.30.1.9. for Reliability
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-reliability in any of the aforementioned parts, sections, or Products and Services.
3.30.1.10. for Suspension, Termination
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any suspension or termination of access to — as well as activity via, participation in, or receipt of service from — any of the aforementioned parts, sections, or Products and Services, or any other conduct or service relating to The C&C Ikoku Foundation.
3.30.1.11. for Third-Party
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any third parties or third-party goods, products, services, sites, or conduct or service — including any activity, agent, arrangement, or involved material or matter — accessible or otherwise available via any of the aforementioned parts, sections, or Products and Services.
3.30.1.12. for Title
that The C&C Ikoku Foundation assumes no liability or responsibility for any claim, cause of action, damage, harm, injury, loss, or equivalent arising from or otherwise due to any non-title in any of the aforementioned parts, sections, or Products and Services.
3.30.1.2. Non-Liability, Assume Cost
further, that given the above clarity regarding The C&C Ikoku Foundation not assuming and limiting liabilities and responsibilities, in such a case that any claim, cause of action, damage, harm, injury, loss, or equivalent arises from or is otherwise due to any conduct or service relating to any accessible parts or sections of The C&C Ikoku Foundation, you clearly and solely assume the entire cost of any necessary or optional recovery, repair, servicing, or equivalent remedy.
3.30.1.3. Non-Liability, Conduct, Service
that you therefore agree that under no circumstances, including but not limited to negligence, are The C&C Ikoku Foundation, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — liable, or able to be held liable, to you or any third person for any claim, cause of action, damage, harm, injury, or loss of any kind — whether based in contract, strict liability, tort, or otherwise, including, without limitation, any consequential, direct or indirect, exemplary, incidental, punitive, or special damages even if The C&C Ikoku Foundation has been advised specifically of the possibility of such damages — arising in any way from or in connection with any of the aforementioned parts, sections, or Products and Services, including but not limited to as described in the aforementioned disclaimers and limited liability scenarios.
3.30.1.4. Non-Liability, Policies
that you also agree that under no circumstances, including but not limited to negligence, are The C&C Ikoku Foundation, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — liable, or able to be held liable, to you or any third person for any claim, cause of action, damage, harm, injury, loss, or equivalent of any kind — whether based in contract, strict liability, tort, or otherwise, including, without limitation, any consequential, direct or indirect, exemplary, incidental, punitive, or special damages even if The C&C Ikoku Foundation has been advised specifically of the possibility of such damages — arising in any way from or in connection with any provision of the Conditions and Terms, and the Codes and Policies, such as, but not limited to, loss of business, profits, or revenue, whether actual or anticipated.
3.30.1.5. Limited Liability, Payments
that you further agree that under no event or circumstances, including but not limited to negligence, does any total alleged liability to you for all claims, causes of action, damages, harms, injuries, losses, and equivalent of any kind — whether based in contract, strict liability, tort, or otherwise — attributable to The C&C Ikoku Foundation, its official persons, third parties, and the Founder, Alvan Azinna Chibuzo Ikoku — including the agents, assigns, entities, properties, successors, or equivalent of these persons — exceed the amount paid by you, if any, for conduct or service relating to any of the aforementioned parts, sections, or Products and Services that you commence or continue, as well as any further reliance on, use of, or inability to use the aforementioned.
3.30.1.6. Release, Waiver of Claims, Causes
that you furthermore understand and agree that you are waiving rights with respect to claims and causes of action that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read, understood, and hereby expressly waived, the benefits of Section 1542 of the Civil Code of California, which provides as follows:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
— You hereby waive any and all rights you have or may have under California Civil Code Section 1542, any similar provision of law or successor statute to it, and any similar law of any applicable state, nation, or territory, including with respect to any claims or causes of action you may have in connection with the aforementioned parts, sections, or Products and Services, the Conditions and Terms, and the Codes and Policies. In connection with this release and waiver, you acknowledge that you are aware that you may hereafter discover claims and causes of action presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true. Nevertheless, you intend by your legally binding Agreement to the Conditions and Terms, and the Codes and Policies, to release fully, finally and forever all such matters under the Codes and Policies. In furtherance of such intention, the releases set forth in the Conditions and Terms are and will remain in effect as complete and full releases notwithstanding the discovery or existence of any such additional or different claims, causes, or facts relevant hereto.
Severability
Section 3.31.0. With respect to severability of the Codes and Policies of The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.31.1. Severability Basis, Nature, Intertwined
that each of the articles, clauses, conditions, provisions, sections, terms, and equivalent parts of the Codes and Policies, and your Agreement, is intertwined with the others and is an integral and material part hereof;
3.31.2. Severability Basis, Nature, Non-Severable
that no article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, is severable from any other article, clause, condition, provision, section, term, or equivalent part, in any way, by any means, mechanism, method, or mode, to any degree, under any circumstances, for any period of time, or for any perceived benefit, end, goal, good, interest, mission, need, objective, purpose, reason, or equivalent;
3.31.3. Severability Claims, Enforceability
that any and all claim or question as to the enforceability, validity, viability, or equivalent of any article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, is to be communicated directly to the Founder, promptly and properly, via clearly and expressly written instrument that is fully and specifically informing;
3.31.4. Severability Claims, Government, Judiciary
that any and all such claim or question as to enforceability, validity, viability, or equivalent, if proceeding via government or judicial body, entity, office, or person, is to meet the requirements and standards for “agreed to and competent jurisdiction,” “applicable law and regulation,” and “government or judicial review,” as provided for in the Codes and Policies;
3.31.5. Severability Claims, Informing Notice
that any and all such claim or question as to enforceability, validity, viability, or equivalent, especially if proceeding via government or judicial body, entity, office, or person, is to be accompanied by the proper and successful delivery to The C&C Ikoku Foundation and the Founder of legal written notice, sufficiently prior to the onset of any attendant proceeding, fully informing The C&C Ikoku Foundation and the Founder of the specifics of the questions and related issues, and where applicable, the specifics of any governmental or judicial proceeding, including confirmation of such proceeding via written instrument signed and sealed of the government or judicial body, entity, office, or person, and thereafter The C&C Ikoku Foundation and the Founder will, in via such communication, be and remain immediately and fully informed of any subsequent event or progress in any attendant proceedings;
3.31.6. Severability Claims, Limited to Article, Clause
that any and all such claim or question as to enforceability, validity, viability, or equivalent, is to be limited to a specific article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, without affecting, implicating, or questioning, in any way, any other part, or the entirety, of the Codes and Policies, or your Agreement;
3.31.7. Severability Claims, Limited to Aspect, Degree
that any and all such claim or question is to be limited to the aspect, degree, element, or other extent or operation of enforceability, validity, viability, or equivalent, without affecting, implicating, or questioning, in any way, any other aspect, degree, element, or other extent or operation of enforceability, validity, viability, or equivalent;
3.31.8. Severability Claims, Limited to Jurisdiction
that any and all such claim or question as to enforceability, validity, viability, or equivalent, is to be limited to the agreed to and competent jurisdiction, without affecting, implicating, or questioning, in any way, enforceability, validity, viability, or equivalent in any other jurisdiction;
3.31.9. Severability Claims, Maximum Enforceability
that any and all such claim or question as to enforceability, validity, viability, or equivalent, having been sufficiently limited and specified as described above, is to presume, and not be construed as diminishing in any way, the complete and full enforcement of the Codes and Policies, and your Agreement, to the maximum extent permissible by applicable law so as to effect the intent and rights of The C&C Ikoku Foundation and the Founder, as first priorities, then those of other parties;
3.31.10. Severability Claims, Sufficient Opportunity
that, prior to the onset of any attendant proceeding, The C&C Ikoku Foundation and the Founder, upon being properly and successfully served legal written notice and thus being fully informed, are to be given sufficient opportunity to prepare and provide response with, where applicable and appropriate, clarification, defense, explanation, revising remedy, or equivalent with respect to the specific claims or questions as to enforceability, validity, viability, or equivalent;
3.31.11. Severability Claims, Sufficient Remedy Provision
that, given the integral, intertwined and non-severable nature of all parts of the Codes and Policies, and your Agreement, The C&C Ikoku Foundation and the Founder, upon being fully informed and given sufficient notice and opportunity, as described above, may offer revising remedy by way of amendment of the Codes and Policies, or your Agreement, and if so must be given sufficient opportunity to authorize and execute such revising remedy — solely by the Founder, and solely via the Founder’s authorization — so as to effect the intent and rights of The C&C Ikoku Foundation and the Founder, as first priorities, then those of other parties;
3.31.12. Severability Question, Full Force, Effect, Parts
that during any question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, the part in question, remainder, and entirety of the Codes and Policies, and your Agreement is to continue in full force and effect;
3.31.13. Severability Question, Full Force, Effect, Powers
that during any question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, The C&C Ikoku Foundation and the Founder are to retain the sole authority, control, discretion, powers, and equivalent to adjudicate, determine, and effect compliance and remedies with respect to the Codes and Policies and your Agreement, as provided for in the Conditions of Founding and Conditions of Governance;
3.31.14. Severability Question, Full Force, Effect, Properties
that during any question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, the properties and proprietary rights, as well as their protections, of The C&C Ikoku Foundation and the sole Founder, Alvan Azinna Chibuzo Ikoku, are to remain under the sole authority, control, discretion, powers, and equivalent, as well as sole ownership, of the Founder, as provided for in the Codes and Policies;
3.31.15. Severability Question, Full Force, Effect, Rights
and that during any question of enforceability, validity, viability, or equivalent, or any attendant proceedings, involving a claim, cause of action, notice, or response with or without remedy, the freedoms, liberties, and rights, as well as their protections, of The C&C Ikoku Foundation and the sole Founder, Alvan Azinna Chibuzo Ikoku, are to remain in full force and effect, as provided for in the Codes and Policies.
Territories of Administration
Section 3.32.0. With respect to the legal territories of administration for The C&C Ikoku Foundation, you understand and agree to abide by the following:
3.32.1. State of Formation
that The Chinyere and Chinelo Ikoku Foundation is formed and organized in the State of California, as described in the Conditions of Founding and Conditions of Governance.
3.32.2. State of Governance
that, unless expressly and otherwise agreed and authorized by the Founder, the applicable laws of the United States, and in particular, the State of California govern with respect to all claims, causes of action, issues, and questions arising from conduct and service relating to The C&C Ikoku Foundation, especially the Products and Services, as well as the Codes and Policies and your Agreement.
3.32.3. State of Jurisdiction
that by commencing or continuing such conduct or service, using or visiting the Products and Services, or otherwise entering such Agreement — even when doing so from another jurisdiction — you agree to maintain your compliance to the applicable laws of the United States, and in particular, the State of California, and to abide by the exclusive jurisdiction of federal and state courts in the United States and in California in all such claims, causes, issues, and questions.
3.32.4. State of Policy
that the Codes and Policies are thus subject to the applicable laws of the United States, and in particular, the State of California, with the understanding that, notwithstanding any other provision of the Codes and Polices, or of applicable law, Alvan Azinna Chibuzo Ikoku is and remains the sole Founder, Manger, Member, Officer, and Controller of The Chinyere and Chinelo Ikoku Foundation, and as such the Codes and Policies are made, adopted and amenable from time to time only by the Founder, and no article, clause, condition, provision, section, term, or equivalent part of the Codes and Policies, or your Agreement, is allowed to be adopted, altered, amended, or repealed except via the Founder’s authorization.
Agreement Policies
Provision
As stated earlier, the governance of The Chinyere and Chinelo Ikoku Foundation is, in important part, conducted via the Codes and Policies below:
Ikoku Foundation Agreement
Section 3.34.0. The C&C Ikoku Foundation Conduct and Service Agreement, which:
3.34.1. Collectively Governing
consists of several Codes and Policies that collectively govern all conduct and service in any way relating to The Chinyere and Chinelo Ikoku Foundation.
3.34.2. Collectively Including
collectively include the Basic Policies — the Conditions and Terms of Founding, the Conditions and Terms of Governance, the Conditions and Terms of Conduct and Service, and the Founding and Governing Code of Ethics — as well as all other codes and policies, associated as the Correlative Policies.
3.34.3. Available Below
are made available further below.
Conditions of Founding
— 3.35.0. Conditions and Terms of Founding of The C&C Ikoku Foundation (HTML)
Conditions of Governance
— 3.36.0. Conditions and Terms of Governance of The C&C Ikoku Foundation (HTML)
Conditions of Service
— 3.37.0. Conditions and Terms of Conduct and Service (HTML)
Founding Ethics
— 3.38.0. Founding and Governing Code of Ethics (HTML)
All Policies
— 3.39.0. All Policies (HTML)
Conclusion
— Conditions and Terms
— 3.40.1. All of the aforementioned in this section constitutes the Conditions and Terms of Governance of The Chinyere and Chinelo Ikoku Foundation (the “Conditions and Terms of Governance” and “Conditions of Governance”) and forms an integral part of the Conditions and Terms of The Chinyere and Chinelo Ikoku Foundation, the Codes and Policies of The Chinyere and Chinelo Ikoku Foundation, as well as The C&C Ikoku Foundation Conduct and Service Agreement you may enter into with The Chinyere and Chinelo Ikoku Foundation.
— Concerns and Questions
— 3.40.2. Please report any concerns about code or policy violations, and send any questions you may have regarding the Conditions and Terms of Conduct and Service or The C&C Ikoku Foundation Conduct and Service Agreement, to policies@ikokufoundations.org.
— Concluding
— 3.40.3. And as a concluding aviso and proviso, you are informed as well as reminded that by commencing or continuing any conduct or service relating to The Chinyere and Chinelo Ikoku Foundation — in any way, either directly or indirectly, and via any manner, means, method, or mode — you enter into The C&C Ikoku Foundation Conduct and Service Agreement and agree to abide by and be legally bound by the Policy conditions, principles, protections, and terms described above, and the Codes and Policies, in their entirety without modification or severability, as amended from time to time solely by the Founder.
Also at the Foundation
The C&C Ikoku Foundation is dedicated to fostering ethical philanthropy concerning Africa, its global diasporas, and humanely coexisting communities — toward humane futures for lives across the globe. And so in accordance with the above, the Foundation provides the following:
I.
Philanthropy for Africa
A nonprofit organization that serves the public interest in Africa and its global diasporas — by advancing ethical philanthropy in several domains, including education and research, civics and governance, health and humanities, industry and innovation.
II.
Philanthropy for Community
A nonprofit organization that serves the public interest in fostering humanely coexisting communities and persons — who evince a commitment to humane reciprocity as the basis for enhancing the lives and societies existing around them.
III.
Philanthropy for Humanity
A nonprofit organization that serves the public interest in fostering humanity — by helping the public understand Africa’s essential place in a humane future, where the betterment of conditions for some of the most resolutely humane peoples enhances life for all.