Terms of Use

Last Updated: May 21, 2025

Welcome

Welcome to the Indigenia Foundation website and digital resources (“Site”). These Terms of Use reflect our commitment to Indigenous data sovereignty and respectful engagement with Indigenous cultural knowledge. They have been developed in consultation with our Indigenous Data Governance Council and partnering communities.

Overview

This document outlines the terms for using our Site in a way that respects both Western legal frameworks and Indigenous protocols. We recognize that Indigenous peoples have inherent rights to control their cultural knowledge and information, and these Terms aim to honor those rights while providing necessary legal protections for all users.

1. Acceptance of Terms

By accessing this Site, you acknowledge that you have read, understood, and agree to these Terms of Use. Indigenia Foundation may modify these terms periodically, with significant changes reviewed by our Indigenous Data Governance Council. Continued use after modifications constitutes your acceptance of revised terms.

We encourage you to review these terms regularly. Major changes will be announced on our homepage and through direct communication with registered users.

2. Indigenous Data Sovereignty Principles

Indigenia Foundation recognizes and respects Indigenous data sovereignty. In using this Site, you acknowledge and agree to respect:

• CARE Principles: Our commitment to Collective Benefit, Authority to Control, Responsibility, and Ethics in the handling of Indigenous data and knowledge.
• OCAP® Principles: Indigenous peoples’ rights to Ownership, Control, Access, and Possession of information about their communities, cultures, and territories.
• Indigenous Cultural and Intellectual Property Rights: The inherent rights of Indigenous peoples to maintain, control, protect, and develop their cultural heritage, traditional knowledge, and cultural expressions.

3. Cultural Knowledge Classification System

Content on this Site involving Indigenous cultural knowledge is categorized according to the following system:

1. Open Access: Knowledge that communities have designated for public sharing with appropriate attribution.
2. Educational Use: Knowledge intended primarily for educational purposes with specific usage limitations.
3. Restricted Access: Knowledge with specific restrictions based on cultural protocols (may be limited by gender, age, season, purpose, or other factors).
4. Sacred/Ceremonial: Highly sensitive knowledge that requires strict adherence to cultural protocols.

Content classifications are determined by the source communities, not by Indigenia Foundation. You agree to respect and follow the usage requirements associated with each classification level.

4. Content Ownership and Licenses

4.1 Indigenia Foundation Content

All content created by Indigenia Foundation on this Site, including text, graphics, logos, images, videos, documents, and software (“Foundation Content”) is owned by Indigenia Foundation and protected by copyright, trademark, and other applicable laws, subject to the following distinctions:

• Original Foundation Materials: These may not be reproduced, copied, distributed, transmitted, displayed, or otherwise exploited without prior written consent from Indigenia Foundation.
• Materials Containing Indigenous Cultural Knowledge: While these may appear on our Site, underlying cultural knowledge remains the communal intellectual property of the respective Indigenous communities. Our presentation of such material does not imply ownership of the underlying cultural knowledge.

4.2 Indigenous Cultural Knowledge

Indigenous cultural knowledge appearing on this Site remains the collective intellectual property of the source communities, regardless of who submitted it or how it is presented. This includes:

• Traditional stories, songs, and ceremonies
• Cultural expressions and art forms
• Traditional ecological knowledge
• Language data and materials
• Customary practices and protocols
• Historical and genealogical information

Users acknowledge that Western intellectual property frameworks may not adequately protect Indigenous cultural knowledge and agree to respect both legal protections and cultural protocols.

4.3 User Submissions

If you submit content to the Site (“Submissions”), the following terms apply:

• Personal Content: For your original content that does not contain Indigenous cultural knowledge, you grant Indigenia Foundation a non-exclusive, royalty-free license to use, reproduce, distribute, and display your submission in connection with the Site’s activities and mission. This license is revocable upon written request except for content already incorporated into programs or materials.
• Indigenous Cultural Knowledge: For submissions containing Indigenous cultural knowledge:
  • You confirm you have the cultural authority to share this knowledge
  • You retain the right to request removal at any time
  • The license granted is limited to the specific purposes disclosed at submission
  • Attribution will be maintained to the source community
  • Usage will respect any cultural restrictions identified

In all cases, you confirm that you have the rights necessary to grant these permissions.

5. Permitted Use and Restrictions

5.1 Permitted Use

You may use the Site only for lawful purposes and in a manner that respects both legal requirements and Indigenous cultural protocols. Permitted uses include:

• Accessing resources for personal education
• Participating in Indigenia Foundation programs
• Engaging in respectful dialogue and knowledge exchange
• Supporting Indigenous community initiatives

5.2 Prohibited Activities

You agree not to:

• Use the Site in any way that violates applicable federal, state, local, or tribal laws
• Attempt to gain unauthorized access to any portion of the Site
• Interfere with the operation of the Site or the servers hosting it
• Misappropriate or commercialize Indigenous cultural knowledge without authorization
• Share restricted cultural content with unauthorized individuals
• Remove or alter attribution to Indigenous knowledge sources
• Use the Site in ways that perpetuate harmful stereotypes or misconceptions about Indigenous peoples

6. Indigenous Cultural Protocols

Indigenia Foundation is committed to respecting Indigenous cultural practices, knowledge, and intellectual property. As a user, you agree to:

• Acknowledge the source communities of cultural knowledge shared on the Site
• Respect restrictions on usage, sharing, or adaptation of cultural materials
• Not claim ownership or authorship of Indigenous cultural knowledge
• Not use Indigenous cultural expressions for commercial purposes without explicit permission from source communities
• Follow any specific cultural protocols identified for particular content
• Report any potentially inappropriate sharing of cultural knowledge

7. Community Consent and Verification

For content involving Indigenous cultural knowledge:

• Community-level consent takes precedence over individual permissions
• Source communities maintain the right to verify, correct, contextualize, or request removal of cultural content
• The Indigenous Data Governance Council will review concerns regarding cultural content
• Verification processes will respect community-specific protocols and timelines
• Users are encouraged to consult with source communities before reusing or resharing cultural content

8. Third-Party Links and Content

Our Site may contain links to external websites or content not operated by Indigenia Foundation. We have no control over these third-party sites and assume no responsibility for their content or practices. However:

• We strive to link only to sites that respect Indigenous cultural protocols
• External links do not imply endorsement
• We encourage users to evaluate third-party sites for their alignment with Indigenous data sovereignty principles
• We welcome feedback about problematic linked content

9. Legal Framework and Dispute Resolution

9.1 Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New Mexico, without regard to its conflict of law provisions, while also recognizing and respecting relevant Indigenous customary laws regarding cultural knowledge.

9.2 Multiple Legal Traditions

We acknowledge that Indigenous cultural knowledge exists within Indigenous legal frameworks that may predate and operate alongside state and federal law. For matters involving Indigenous cultural knowledge, we commit to:

• Respecting applicable Indigenous legal traditions
• Consulting with relevant Indigenous authorities
• Seeking resolution processes appropriate to the specific cultural context
• Recognizing the legitimacy of Indigenous customary law in its appropriate sphere

9.3 Dispute Resolution

For disputes arising from these Terms:

1. General Issues: Standard legal disputes not involving Indigenous cultural knowledge will be subject to the jurisdiction of the courts located in Santa Fe County, New Mexico.
2. Cultural Knowledge Issues: Disputes involving Indigenous cultural knowledge will follow a specialized process:
   • Initial review by the Indigenous Data Governance Council
   • Consultation with affected communities and knowledge holders
   • Community-based resolution processes where appropriate
   • Formal mediation with cultural expertise if needed
   • Conventional legal processes only as a last resort

9.4 Reporting Concerns

To report concerns about misuse of Indigenous cultural knowledge or violation of these Terms:

• Use the “Report Concern” feature on the Site
• Email concerns to culturalprotocols@indigenia.com
• Contact our Indigenous Relations Coordinator at (505) 216-2235

10. Disclaimers and Limitations

10.1 Disclaimer of Warranties

This Site is provided on an “as is” and “as available” basis. Indigenia Foundation makes no warranties, express or implied, regarding the Site’s accuracy, reliability, completeness, or suitability for any particular purpose. Your use of the Site is at your own risk.

10.2 Limitation of Liability

To the fullest extent permitted by law, Indigenia Foundation, its officers, directors, employees, and affiliates will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to or use of this Site.

10.3 Indemnification

You agree to indemnify, defend, and hold harmless Indigenia Foundation and its representatives from any claims, liabilities, damages, expenses, and costs (including attorney’s fees) arising from your use of the Site or violation of these Terms.

11. Accessibility and Language

We are committed to making these Terms accessible to all users. The following resources are currently in development and will be available soon:

• A plain language summary (Coming Soon)
• Audio versions (Coming Soon)
• Visual graphic representations of key concepts (Coming Soon)
• Translations in select Indigenous languages (Coming Soon)
• In-person explanations can be arranged by contacting our office

While these enhanced accessibility resources are being developed, please contact our office directly if you require assistance understanding these Terms. In case of any discrepancy between versions, the English text on this page will prevail for legal purposes, but interpretation will consider cultural and linguistic context.

12. Implementation Resources

To support respectful engagement with Indigenous cultural content, we are developing the following resources that will be available in the coming months:

• Educational resources on Indigenous cultural protocols (Coming Soon)
• Guidelines for appropriate sharing of cultural content (Coming Soon)
• Cultural consultation services (Coming Soon)
• Training modules on Indigenous data sovereignty (Coming Soon)

While these resources are in development, please contact culturalprotocols@indigenia.com with any questions about appropriate engagement with cultural content on our Site.

13. Governance and Review

These Terms are subject to:

• Regular review by the Indigenous Data Governance Council
• Annual consultation with partnering Indigenous communities
• Periodic updates to reflect evolving best practices in Indigenous data sovereignty
• Continuous improvement based on user and community feedback

14. Changes and Updates

Indigenia Foundation reserves the right to modify these Terms of Use. Significant changes will be:

• Reviewed by the Indigenous Data Governance Council before implementation
• Clearly marked in updated versions
• Communicated to registered users
• Posted on the Site at least 30 days before taking effect

15. Contact Information

For questions about these Terms of Use, please contact:

Indigenia Foundation
Santa Fe, New Mexico
Email: policy@indigenia.com
Phone: (505) 216-2234

Indigenous Data Governance Council: datagovernance@indigenia.com

These Terms honor both legal requirements and Indigenous protocols. By using our Site, you join us in respecting Indigenous data sovereignty and cultural knowledge rights.