TERMS of USE
Introduction
Welcome to http://www.ourvoiceourcountry.org/ (the "Site"), owned and maintained by Our Voice Our Country, Inc., a 501c 3 non-profit organization. ("Our Voice Our Country," "we," "us," or "our") was created to provide an unbiased and user friendly system for 'The People' to learn about the history of 'popular movements' in America, to individually and collectively identify the most urgent problems we face and best ways to solve them, while considering ethical concerns raised by proposed solutions; and then to guide our leaders in Washington to follow The People's will. Use of this Site is subject to the following terms and conditions of use ("Terms of Use"). Additional terms and conditions of use applicable to specific areas of the Site may also be posted in those areas and, together with these Terms of Use, govern your use of those areas and are referred to as the "Agreement". This Agreement also incorporates by reference the terms of our Privacy Policy. Your use of the Site constitutes agreement to its terms and conditions as well.
PLEASE READ THE RULES CONTAINED IN THIS AGREEMENT CAREFULLY.
All users of this Site agree that their access to and use of this Site is subject to the terms and conditions set forth in this Agreement and all applicable laws, and that any such access or use is undertaken at the user's own risk. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, OR ANY POSTED GUIDELINES OR RULES, DO NOT USE THIS SITE.
Our Voice Our Country reserves the right, in its sole discretion, to change or modify this Agreement at any time by posting such new terms on the Site. Modifications shall become effective immediately upon posting, so check back often. The most recent version of our Terms of Use is available at http://www.ourvoiceourcountry.org/about/terms-of-use.aspx If you do not agree to the revised Terms of Use, your sole recourse is to immediately stop all use of the Site and services. Your continued use of the Site and services will constitute your binding acceptance of this Agreement, as may be amended from time to time.
IF AT ANY TIME THE TERMS OF THIS AGREEMENT ARE NO LONGER ACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY CEASE ALL USE OF THE SITE.
TABLE OF CONTENTS
Introduction
I. CONTENT
II. REGISTRATION OBLIGATIONS
a) User Conduct
b) Child Safety
III. COPYRIGHT/INTELLECTUAL PROPERTY
a) Notice for Claims of Intellectual Property Violations and Agent for Notice
IV. PERMISSIONS
V. DISCLAIMER
VI. LIMITATION OF LIABILITY
VII. INDEMNIFICATION
VIII. UNSOLICITED MATERIALS
IX. USER'S GRANT OF LIMITED LICENSE
X. SECURITY
XI. TERMINATION
XII. GOVERNING LAW AND LIMITATION OF ACTIONS
XIII. MISCELLANEOUS
XIV. CONTACT US
I. CONTENT.
All content, design, text, images, code and software, technical drawings, configurations, graphics, photographs, audio and video clips, scripts, links, interactive features and other material and files (collectively, the "Content") used on or incorporated into this Site, and the selection, arrangement and/or integration of all such Content, are either registered trademarks, trademarks, tradenames, service marks or otherwise protected property of Our Voice Our Country, or used under permission from those posting content, by license or otherwise and all rights thereto are specifically reserved.
Except as otherwise expressly provided herein, Content on the Site may not be used, copied or imitated without our prior written consent in each instance. You agree to comply with, and keep intact, any copyright notices, information, or restrictions contained in any Content available on or accessed through the Site. Permission is granted to electronically copy and print hard copies of pages from this Site solely for your own personal, non-commercial use, provided that you maintain all copyright and other notices contained on such Content. If you have any question as to whether we own certain Content contained on our Site, do not download or copy it without first contacting us (e.g., content that appears to have been uploaded by a third party should not be copied or downloaded by you). You may not copy, use, download, modify, publish, transmit, transfer or sell, license, reproduce, create derivative works from, distribute, perform, display, disseminate, broadcast, rearrange, redistribute, alter, adapt, crop, re-size, reverse engineer, move, remove, delete or in any way exploit any of the Content, in whole or in part, directly or indirectly, without the prior written consent of the owner thereof, except as expressly permitted in this Agreement or under applicable law. If permission is granted by Our Voice Our Country and/or by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend or copyright notice. Without limiting the foregoing and for the avoidance of doubt, you must abide by all additional copyright notices and other restrictions contained on the Site. You may not in any way make commercial or other use, by publication, re-transmission, distribution, performance, caching, or otherwise, of material obtained through the Site, including without limitation the Content, except as permitted by the Copyright Act or other law or as expressly permitted in writing by this Agreement, Our Voice Our Country (and all other entities with an interest in the relevant intellectual property) or on the Site. Except as expressly authorized, the use of any trademarks, trade names, logos or other Content from this Site is strictly prohibited.
This Site may contain typographical errors or inaccuracies and may not be complete or current. Our Voice Our Country therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience.
Our Voice Our Country specifically prohibits, and by your use of the Site, you expressly agree not to engage in, the following conduct: the deletion or alteration of any Content posted on our Site by Our Voice Our Country or a third party; the taking of any action that imposes an unreasonable or disproportionately large load on our Site infrastructure; and/or using the Site directory information to post or transmit any unsolicited advertising, promotional materials, junk mail, spam, chain letters, telephone calls or other solicitations. You agree not to disrupt, overwhelm, attack, modify, reverse engineer or interfere with the Site or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others' use of the Site.
II. REGISTRATION OBLIGATIONS.
To use any interactive/participatory aspect of the Site, you will be required to log in, by completing a log in form and designating a username, password and/or other log in information ("Log in Data"). To vote, users will be required to register. During log in or registration, you agree to: (a) provide true, accurate, current and complete Log in/Registration Data about yourself as prompted by the registration form and (b) maintain and promptly update the Log in/Registration Data to keep it true, accurate, current and complete. Logging in/registering with the Site will signify your agreement that all Log in Data provided is complete, accurate and up-to-date and an acknowledgment that you are responsible for updating your Log In/Registration Data as necessary. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account on the Site. If you provide any information that is untrue, inaccurate, out-of-date or incomplete, or we have grounds to suspect that such information is untrue, inaccurate, out-of-date or incomplete, we may suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). This is also the case if you use profanity, threats or undermining behavior toward other users or the site.
You may not authorize any third party to use your Log In/Registration Data. You may not sublicense, transfer, sell or assign your Log In/Registration Data and/or this Agreement to any third party without our prior written approval. Any attempt to do so will be void ab initio and a material breach of this Agreement.
You are responsible for maintaining the confidentiality and security of your Log In/Registration Data, and are fully responsible for all activities that occur under your Log In/Registration Data. You agree to notify us immediately and in no event later than 24 hours after any unauthorized use of your Log In/Registration Data or any other breach of security. You are solely responsible for any and all use of such Log In/Registration Data. We have the right to rely on any information you provide to us and shall have no liability for any such reliance. Our Voice Our Country cannot and will not be liable for any loss or damage arising from any unauthorized use of your account. Without limiting the foregoing and for the avoidance of doubt, we reserve the right to terminate your account without prior notice, if your Log In/Registration Data contains any untruthful or inaccurate information. The collection and use of all information submitted in connection with registration is subject to the terms of our Privacy Policy at http://www.ourvoiceourcountry.org/about/privacy-policy.aspx.
a) USER CONDUCT.
We may provide interactive activities on the Site such as comment and video posting areas, discussion boards (also known as message boards), SMS text messaging, mobile alerts and mobile e-mail updates or auditoriums, collectively identified as "Interactive Areas," for the enjoyment of our users. You may not use the Site in a way that violates applicable federal, state, or international law, or for any other unlawful purpose. You may not use the Site to send, receive, or download messages or materials that are inappropriate or violate the intellectual property rights of Our Voice Our Country or others. We do not knowingly request or accept personally identifiable information from children under the age of thirteen. If we learn that personally identifiable information of persons under the age of thirteen years of age has been collected on the Site, Our Voice Our County will take the appropriate steps to delete this information.
Content posted by users and other contributors ("user content") is generally reviewed by Our Voice Our Country. Our Voice Our Country reserves the right to change, delete, or remove, in part or in full, any postings in Interactive Areas, and to terminate or suspend access to such areas, for conduct that we believe, in our sole discretion, interferes with other peoples' enjoyment, to cooperate with local, state, and/or federal authorities if necessary, and to comply with applicable law. In addition, Our Voice Our Country shall have the right to remove any user content it has reason to believe may infringe the rights of a third party. Our Voice Our Country reserves the right, in its sole discretion, to determine whether and what action to take in response to any such potential infringement, and any action or inaction in a particular instance shall not dictate or limit Our Voice Our Country response to a future occurrence. You acknowledge and agree that Our Voice Our Country shall not assume or have any liability for any action or inaction by Our Voice Our Country with respect to any user posting. Users shall remain solely responsible for user postings and any material or information transmitted to other users or interaction with other users.
Any submissions or postings by visitors to parts of the Site, including Interactive Areas, without limitation, will be public and posted in public areas on the Site. Our Voice Our Country, its affiliates, subsidiaries, and our and their officers, directors, employees and agents that conduct, operate and/or manage the Site's Interactive Areas will not be responsible for the action of any visitors or third parties with respect to any information, materials or user content posted, uploaded or transmitted in these Interactive Areas.
We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our policy. We encourage your participation in upholding our standards. You are responsible for all content that you post, e-mail, transmit, upload or otherwise make available through our Site. Our Voice Our Country reserves the right to terminate your access to and use of the Site, if, in our view, your conduct fails to meet any of the following guidelines:
- is unlawful, harmful to adults or minors, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; or
- infringes any patent, trademark, trade secret, copyright, right of privacy or publicity, or other proprietary rights of any person; or
- contains unauthorized advertising or solicits other visitors; or
- is intended by the visitor to interfere with, disrupt, harm, destroy or limit the functionality or integrity of any computer software, hardware or Content on this Site.
Our Voice Our Country strives to make its Interactive Areas enjoyable. Our chat/discussion venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. When in doubt about appropriate behavior in our Interactive Areas, please remember that, although the venue is electronic, those participating in it are real people. We ask that you treat others with respect. Any conduct by a participant in the Interactive Areas that violates this Agreement in any way may result in the suspension or termination of the visitor's registration and access to the Site, in Our Voice Our Country's sole discretion, in addition to any other remedies. As stated above, we may also post additional guidelines and/or code of conduct for certain Interactive Areas and any such additional posted rules will be incorporated into this Agreement. To the extent there is a conflict between the rules governing a promotion or code of conduct posted in a specific area of the Site and this Agreement, then those rules or code of conduct shall govern solely with respect to the conflicting terms and the specific promotion or area of the Site. If you see objectionable user content or have any questions about the code of conduct, please contact us.
b) CHILD SAFETY.
You must be thirteen (13) years of age or older to participate in the Site's Interactive Areas. We do not knowingly request or accept personally identifiable information of persons under the age of thirteen. If we learn that personally identifiable information of persons under thirteen years of age has been collected on the site, Our Voice Our Country will take appropriate steps to delete this information. For increased security, we encourage you to not include any personal information about yourself or others in Interactive Areas, such as name, phone number or street address. You should always use your log in name to identify yourself. By participating in any of the aforementioned activities, all visitors and members agree to follow Our Voice Our Country User Conduct Policy as described herein or elsewhere on the Site. Our Voice Our Country reserves the right, at any time, in its sole and absolute discretion and for any reason or no reason, to delete any user content that is commercial in nature or to terminate access to and use of the Site by any user who posts commercial content.
III. COPYRIGHT/INTELLECTUAL PROPERTY.
Our Voice Our Country respects the intellectual property of others and expects its users to do the same. It is our policy, in appropriate circumstances and at our discretion, to disable and/or terminate accounts of users who may be infringing the intellectual property rights of Our Voice Our Country and/or others; however, we have no responsibility for content on other websites that you may find or access when using Our Voice Our Country's products or services. Material available on or through other websites may be protected by copyright and the intellectual property laws of the United States and/or other countries. The terms of use of those websites, and not the terms and conditions of this Agreement, govern your use of that material.
Notice for Claims of Intellectual Property Violations and Agent for Notice
If you believe in good faith that any material on our Site infringes on your copyright, you (or your agent) may send Our Voice Our Country's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent") a written notice requesting that we remove or block access to the infringing material. Your notice to us must include the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed upon;
- a description of where the material that you claim is infringing is located on the Site, with sufficient detail that we may find it on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- information, if possible, sufficient to permit Our Voice Our Country to notify the owner/administrator of the allegedly infringing webpage or other content; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the Digital Millenium Copyright Act (the "DMCA") permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to our Agent: Jon Mann
By mail:
Our Voice Our Country, Inc.
Box 320
Bedford, NY 10506
Attn: Jon
By email:
copyright@ourvoiceourcountry.org
Please note that, due to security concerns, attachments cannot be accepted. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.
IV. PERMISSIONS.
If you are seeking permission to use Our Voice Our Country's trademarks, logos, service marks, trade dress, slogans, screen shots, copyrighted designs, or other brand features, please contact permissions@ourvoiceourcountry, not our Agent.
THIRD PARTY SITES.
The Site may contain links to websites that are unrelated to us and are owned and operated by third parties (the "third-party sites"). Our Voice Our Country does not make any representations or warranties about any third-party sites you may access through this Site. These links are provided solely as a convenience to you and do not constitute an endorsement by Our Voice Our Country or imply that Our Voice Our Country sponsors, is affiliated or associated with or otherwise recommends, certifies or endorses the third-party sites. We are not responsible for the contents of, or any products or services offered on, any third-party sites. You must make your own independent decisions regarding your interactions or communications with any other website.
V. DISCLAIMER.
You agree that your use and browsing of our Site is at your own risk. If you are dissatisfied with the Site or any Content, or with any of the terms and conditions of this Agreement, your sole and exclusive remedy is to discontinue accessing and using the Site. OUR VOICE OUR COUNTRY DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES OUR VOICE OUR COUNTRY WARRANT THAT ANY DEFECTS IN THE SITE OR INACCURACIES IN THE CONTENT WILL BE CORRECTED.
WITHOUT LIMITING THE FOREGOING, THE SITE AND ALL OF THE CONTENT, ANY INFORMATION ON THE SITE AND ALL E-MAILS SENT BY OUR VOICE OUR COUNTRY, ITS AFFILIATES AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "RELATED PARTIES") ARE PROVIDED TO YOU "AS IS" AND "AS AVAILABLE." NEITHER WE, NOR OUR AFFILIATES OR SUBSIDIARIES, DISTRIBUTORS, SERVICE PROVIDERS, THIRD PARTY CONTENT PROVIDERS AND OUR AND THEIR RESPECTIVE RELATED PARTIES WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SITE, ANY CONTENT OR, IF APPLICABLE, ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH USE OF THE SITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE ARE ASSUMED SOLELY BY YOU. Where applicable law does not allow for the exclusions of implied warranties, the forgoing exclusions may not apply. In such jurisdictions, Our Voice Our Country's liability is limited to the greatest extent permitted by law.
ALTHOUGH THE INFORMATION PROVIDED TO VISITORS ON THIS SITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, OUR VOICE OUR COUNTRY CANNOT AND DOES NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO VISITORS OR ITS SUITABILITY FOR ANY PARTICULAR PURPOSE. NEITHER OUR VOICE OUR COUNTRY, NOR ANY OF ITS RELATED ENTITIES, OPERATIONAL OR PROMOTIONAL PROVIDERS, PROGRAM PRODUCERS OR SPONSORS, OR ANY OF ITS OR THEIR RELATED PARTIES ARE LIABLE OR SHALL HAVE RESPONSIBILITY OF ANY KIND TO ANY VISITOR FOR ANY LOSS OR DAMAGE THAT A VISITOR INCURS IN THE EVENT OF (I) ANY FAILURE OR INTERRUPTION OF THIS SITE; (II) ANY ACT OR OMISSION OF ANY THIRD PARTY INVOLVED IN MAKING THIS SITE OR THE DATA CONTAINED HEREIN AVAILABLE TO VISITORS; (III) ANY OTHER CAUSE RELATING TO A VISITOR'S ACCESS OR USE, OR INABILITY TO ACCESS OR USE, ANY PORTION OF THIS SITE OR MATERIALS ON THIS SITE; (IV) ANY VISITOR'S INTERACTION OR SUBMISSIONS ON THE SITE; OR (V) FROM ANY VISITOR'S FAILURE TO COMPLY WITH THIS AGREEMENT, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN THE CONTROL OF OUR VOICE OUR COUNTRY OR OF ANY VENDOR PROVIDING SOFTWARE, SERVICES OR SUPPORT. IN NO EVENT WILL OUR VOICE OUR COUNTRY, ITS AFFILIATES OR ITS RELATED PARTIES BE LIABLE TO ANY VISITOR FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OR ANY OTHER LOSS OR DAMAGES OF ANY KIND EVEN IF GAMEFACE, ITS AFFILIATES OR ITS RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. PLEASE BE ADVISED THAT ONCE YOU LEAVE THE SITE, YOUR USE OF THE INTERNET WILL BE GOVERNED BY THE TERMS OF USAGE AGREEMENTS AND PRIVACY POLICIES, IF ANY, OF THE PARTICULAR WEBSITE THAT YOU ARE ACCESSING, INCLUDING THOSE OF OUR OPERATIONAL PROVIDERS, ADVERTISERS, SPONSORS, AND PROMOTIONAL PARTNERS. OUR VOICE OUR COUNTRY AND ITS RELATED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR THE CONTENT, ACTIVITIES, OR PRIVACY PRACTICES OF THE OTHER WEBSITES, OR ANY LOSS OR DAMAGE THAT COULD RESULT FROM LEAVING OUR SITE.
You specifically acknowledge and agree that Our Voice Our Country and its related parties are not liable for any defamatory, offensive or illegal conduct of any user. In addition, while Our Voice Our Country intends to take reasonable steps to prevent the introduction of viruses or other destructive materials to the Site, we do not warrant, guarantee or make any representations that the Site, or any Content available for downloading on the Site, will be free of viruses, robots, spiders or other destructive materials and we shall not be liable for any such destructive materials that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or the server that makes it available, or your downloading of any Content from the Site.
We will not be responsible for delays or failures in performing any obligations under the terms of this Agreement, whether or not due to any cause beyond our reasonable control.
VI. LIMITATION OF LIABILITY.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, OUR VOICE OUR COUNTRY, ITS AFFILIATES, AND SUBSIDIARIES, AND ANY THIRD PARTY CONTENT PROVIDERS, AND OUR AND THEIR RESPECTIVE RELATED PARTIES ARE NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, PUNITIVE OR SIMILAR DAMAGES ARISING OUT OF OR RESULTING FROM YOUR ACCESS TO, OR USE OF, OR INABILITY TO ACCESS OR USE THIS SITE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS, OR LOST REVENUES, HOWEVER SUCH DAMAGE IS CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER WE, OUR AFFILIATES AND SUBSIDIARIES, ANY THIRD PARTY CONTENT PROVIDER, OR ANY OF OUR OR THEIR RESPECTIVE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT YOU TRANSMIT, INTRODUCE, OR OTHERWISE CAUSE ANY TECHNICAL DISRUPTION OF THE SITE OR THE SERVICES TRANSMITTING THE SITE TO YOU, YOU AGREE TO BE RESPONSIBLE FOR ANY AND ALL LIABILITIES AND COSTS AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING FROM ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES BASED UPON SUCH TECHNICAL DISRUPTIONS. "TECHNICAL DISRUPTION" INCLUDES DISTRIBUTION OF UNSOLICITED ADVERTISING OR CHAIN LETTERS, PROPAGATION OF COMPUTER WORMS, VIRUSES OR OTHER HARMFUL CODE, AND/OR USING THE SITE TO MAKE UNAUTHORIZED ENTRY TO ANY OTHER MACHINE ACCESSIBLE VIA THE SITE. YOU ARE FURTHER SOLELY RESPONSIBLE FOR THE CONTENT OF ANY TRANSMISSIONS USING THE SITE AND AGREE NOT TO UPLOAD, POST OR OTHERWISE MAKE AVAILABLE ON THE SITE ANY MATERIAL PROTECTED BY A PROPRIETARY RIGHT OF A THIRD PARTY WITHOUT FIRST OBTAINING THE EXPRESS PERMISSION OF THE OWNER OF SUCH PROPRIETARY RIGHT. YOU SHALL BE SOLELY LIABLE FOR ANY DAMAGES, LOSSES, COSTS OR EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) ARISING OUT OF INFRINGEMENT OF PROPRIETARY RIGHTS OR ANY OTHER HARM ARISING FROM THE UPLOADING, POSTING OR OTHER SUBMISSION OF MATERIALS BY YOU.
VII. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless, Our Voice Our Country, its affiliates, subsidiaries, and its and their respective officers, directors, employees and agents, from and against any and all claims (groundless or otherwise), actions, liability, losses, expenses, damages and costs, including without limitation reasonable legal and accounting fees, arising out of or resulting from (i) any user content and/or other information or materials you submit, transmit or otherwise make available through the Site, (ii) your use of the Site, or (iii) your breach or alleged breach of the terms of this Agreement. Our Voice Our Country reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to fully cooperate as reasonably requested by Our Voice Our Country in the defense of any claim. In any event, you shall not settle any matter without the written consent of Our Voice Our Country.
VIII. UNSOLICITED MATERIALS.
Our Voice Our Country does not solicit nor does it wish to receive any confidential, proprietary or trade secret information or other material from you through this Site or Our Voice Our Country mail and e-mail addresses, or in any other way. Please note that any information, comments, suggestions, ideas, concepts, data, files, programs, footage, photographs or other materials (collectively, the "Unsolicited Materials") sent to Our Voice Our Country or posted on the Site (e.g., user content) will be deemed non-confidential. By submitting, transmitting, posting or sending any such Unsolicited Materials to us, you represent and warrant that the information is original to you and that no other party has any rights to the Unsolicited Materials. Accordingly, any Unsolicited Material will become and remain the property of Our Voice Our Country.
IX. USER'S GRANT OF LIMITED LICENSE.
By communicating with Our Voice Our Country, including submitting, sending or posting Unsolicited Materials or other information or material to the Site and/or Our Voice Our Country, you grant Our Voice Our Country the royalty-free, unrestricted, world-wide, perpetual, irrevocable, non-exclusive fully paid-up and fully sub-licensable right and license to use, post, copy, reproduce, distribute, transmit, display, transfer, sell, perform, adapt, publish, sell, translate and create derivative works from such Unsolicited Materials (in whole or part) and otherwise exploit the Unsolicited Materials, including any information, suggestions, ideas, drawings or concepts contained in such Unsolicited Materials, worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, with or without attribution to you. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material or other communication to Our Voice Our Country. You represent and warrant that by submitting the Unsolicited Materials you agree to waive any "moral rights" you may have in the Unsolicited Materials.
For the avoidance of doubt, you irrevocably grant to us the royalty-free, unrestricted, world-wide, perpetual, non-exclusive and fully sub-licensable right to exploit your image, photo, likeness, voice, performance, in whole or in part, and any other Unsolicited Materials you post on the Site or submit to us in connection with any and all publicity and advertising for and promotion of the Site and Our Voice Our Country, and in connection with Our Voice Our Country's exercise of any other rights granted hereunder as Our Voice Our Country determines in its sole discretion. You hereby release Our Voice Our Country from and against any and all claims, damages or liabilities arising from or relating to the use of such Unsolicited Materials, image, photo, likeness, voice and performance as set forth in this Agreement.
X. SECURITY.
From time to time, we may use techniques designed to identify fraudulent activities. You agree to cooperate with such efforts as we may, in our sole discretion, deem necessary to identify attempted fraud. You further agree that if, for any reason, you or others acting on your behalf are suspected of fraud or other breach of this Agreement, we may, in our sole discretion, declare you to be in breach of this Agreement, suspend or terminate your use of the Site, and/or seek prosecution to the fullest extent of the law.
XI. TERMINATION.
We reserve the right, in our sole discretion, to restrict, suspend and/or terminate your access to all or any part of the Site at any time without prior notice or liability for any reason or no reason. We may change, suspend, discontinue or disable all or any aspect of our Site at any time, including the availability of any feature, database, or Content, without prior notice or liability. ONCE ACCESS TO THE SITE IS RESTRICTED, SUSPENDED OR TERMINATED, DATA STORED ON THE SITE MAY NOT BE RETRIEVED.
XII. GOVERNING LAW AND LIMITATION OF ACTIONS.
The terms of this Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law rules, and you and we irrevocably consent, in connection with any action to enforce this Agreement, to the jurisdiction of the federal and state courts located in New York, New York. No action, regardless of form, arising out of this Agreement, may be brought by either party more than one (1) year after the cause of action has arisen.
XIII. MISCELLANEOUS.
This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. No other agreements, representations, or warranties have been made by either party to the other with respect to the subject matter of this Agreement, except as referenced herein. This Agreement may be amended as set above. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. Neither party shall by mere lapse of time without giving notice or taking other action hereunder be deemed to have waived any breach by the other party or any right of any of the provisions of this Agreement. Further, the waiver by either party of a particular breach of this Agreement by the other party shall not be construed as, or constitute, a continuing waiver of such breach, or of other breaches of the same or other provisions of this Agreement. This Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Section headings are for convenience only and have no legal or contractual effect. Recommendations of Topics or ProblemSolvers may be reviewed and in rare instances removed, should the topic or problemsolver be antithetical to the goals and other terms of use for this site. All rights not expressly granted herein are reserved.
XIV. CONTACT US.
For more information on our Customer Service Policies e-mail us at support@ourvoiceourcountry.org , or contact us by postal mail at:
Our Voice Our Country
Box 320
Bedford, NY 10506
Last Updated: April 30, 2009
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