Effective date: December 1, 2018
To access the Services, you may be required to register by completing a registration form and designating a username and password. You agree to provide true, accurate, and current information about yourself as required by the registration form.
You may not authorize third parties to access or use the Services on your behalf. You must maintain the confidentiality of your username and password and are fully responsible for all activities that are performed under your username and password. You agree to immediately notify us if you believe there has been unauthorized use of your username or password or any other unauthorized access of the Services. You agree that we are not liable for any loss or damage arising from unauthorized use of your account.
II. SUBSCRIPTION SERVICE
The publicly accessible portions of the Services are currently free to use. If, however, you subscribe to portions of the Services which feature premium content (“Premium Content”), fees may apply. Use of the Premium Content is subject to timely payment for all fees required. Additionally, if you subscribe to Premium Content, you are responsible for and shall pay to us any applicable fees and/or levies imposed or charged in connection with Premium Content or services accessed through the Services at your request where you are informed of such fees in advance.
III. USER SUBMISSIONS
You remain fully responsible for the materials that you provide to us, including without limitation images, photographs, videos, and comments (“User Submissions”). You agree not to provide User Submissions that:
- infringe on the copyright, trademark, patent or other intellectual property rights of any third party;
- are false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
- violate a third party’s right to privacy or publicity;
- degrade others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability or other classification;
- contain epithets or other language or material intended to intimidate or to incite violence; or
- violate any applicable local, state, national, or international laws.
You may only submit User Submissions that you have the right to submit. To the extent they are original to you, you continue to own any User Submissions that you submit through the Services, but by submitting a User Submission, you grant us a royalty-free, irrevocable, perpetual, non-exclusive, worldwide, fully sublicensable license to publish, reproduce, distribute, display, perform, edit, adapt, modify, and otherwise use your User Submissions (or any portion thereof) in any way that we want and in any form, media, or technology now known or later developed. You hereby waive any moral rights you may have in your User Submissions. You represent that you have obtained the consent of all individuals who are identifiable in your User Submissions, or of the individual’s parent or legal guardian if the individual is under 18 years old, to include the individual’s likeness in your User Submissions and for us to enjoy all of the rights and privileges that you grant to us under these Terms, including without limitation the right to use the individual’s likeness in our advertising and marketing activities.
You understand and agree that we are not responsible for any User Submissions. We are not obligated to publish or use your User Submissions. We may monitor, review, edit, remove, delete, or disable access to your User Submissions at any time, without prior notice and in our sole discretion, for any or no reason.
IV. PROHIBITED CONDUCT
This database contains proprietary data that is the intellectual property of Accountability Counsel. You may not resell, reuse, redistribute, or profit off of this proprietary data without the express written consent of Accountability Counsel.
In addition, you may not access or use, or attempt to access or use, the Services to take any action that could harm us or any third party, interfere with the operation of the Services, or use the Services in a manner that violates any laws. For example, and without limitation, you may not:
- use information in the Console to exploit or harm local people or community advocates;
- impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
- engage in unauthorized spidering, “scraping,” or harvesting of content or personal information, or use any other unauthorized automated means to compile information;
- copy the features, underlying data, database, or system framework, in any fashion, whether automated or manual other than specifically provided for in the Services;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- use any device, software, or routine to interfere or attempt to interfere with the proper working of the Service or any activity conducted on the Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Service;
- distribute any unauthorized materials or advertise or promote goods or services without our permission (including, without limitation, by sending spam); or
- engage in any other conduct that restricts or inhibits any person from using or enjoying the Services, or that, in our sole judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or detriment of any type.
Violations of system or network security may result in civil or criminal liability. We may investigate and work with law enforcement authorities to prosecute users who violate the Terms.
We may suspend or terminate your access to the Services for any or no reason at any time without notice.
The Services are protected under the copyright laws of the United States and other countries. All copyrights in the Services are owned by us or our third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws.
We respect intellectual property rights. If you believe in good faith that your work has been reproduced or is accessible on the Services in a way that constitutes copyright infringement, please provide our designated agent with the following information in writing:
- identification of the copyrighted work or a representative list of copyrighted works claimed to have been infringed;
- identification of the allegedly infringing material and information reasonably sufficient to permit us to locate the material;
- your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary;
- a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- a statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Our designated agent is: Samer Araabi, 244 Kearny St, San Francisco, CA 94108, USA. Phone: +1 (415) 500-4248. Email: firstname.lastname@example.org.
Upon receipt of a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), we will expeditiously remove or disable access to the allegedly infringing content. We will terminate the privileges of users who repeatedly infringe copyright. Please note that United States law provides significant penalties for falsely submitting a notice of copyright infringement.
VI. LINKS TO THIRD-PARTY CONTENT
The Services may contain links to third-party content. We do not control, endorse, sponsor, recommend, or otherwise accept responsibility for such content. Use of any linked third-party content is at the user's own risk.
VII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. WE DO NOT WARRANT THE ADEQUACY, CURRENCY, ACCURACY, LIKELY RESULTS, OR COMPLETENESS OF THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES, OR THAT THE FUNCTIONS PROVIDED WILL BE UNINTERRUPTED, VIRUS, OR ERROR-FREE. WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT INCLUDED IN THE SERVICES OR ANY THIRD-PARTY SITES LINKED TO OR FROM THE SERVICES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
IN NO EVENT WILL WE, OR OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND ASSIGNS BE LIABLE FOR ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES WHATSOEVER ARISING IN CONNECTION WITH THE USE OF THE SERVICES, ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LOSS OF DATA, OR USE, MISUSE, RELIANCE, REVIEW, MANIPULATION, OR OTHER UTILIZATION IN ANY MANNER WHATSOEVER OF THE SERVICES OR THE DATA COLLECTED THROUGH THE SERVICES, EVEN IF ONE OR MORE OF THEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS. ANY CLAIM ARISING OUT OF OR CONNECTED WITH THE SERVICES WILL BE LIMITED TO THE GREATER OF $100 OR THE AMOUNT THAT YOU PAID TO ACCESS THE SERVICES.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US AND OUR SUBSIDIARIES, AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COSTS, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES), CLAIMS, DAMAGES AND LIABILITIES RELATED TO OR ASSOCIATED WITH YOUR USE OF THE SERVICES AND ANY ALLEGED VIOLATION BY YOU OF THESE TERMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE OF ANY CLAIM FOR WHICH WE ARE ENTITLED TO INDEMNIFICATION UNDER THIS SECTION. IN SUCH EVENT, YOU SHALL PROVIDE US WITH SUCH COOPERATION AS WE REASONABLY REQUEST.
IX. CHOICE OF LAW AND FORUM
These Terms shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without regard to any principles of conflicts of laws. You agree that any claim or dispute against us arising out of or relating to the Services must be resolved by a federal district court located in California, unless agreed upon by all parties. We make no representation that content on the Services is appropriate or available for use in any particular location. Those who choose to access the Services do so on their own initiative and are responsible for compliance with all applicable laws including any applicable local laws.
These Terms constitute the entire agreement between you and us, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us. In the event any provision of these Terms is held unenforceable, it will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your access to and use of the Services.
Our failure to enforce any provisions of these Terms or respond to a violation by any party does not waive our right to subsequently enforce any terms or conditions of the Terms or respond to any violations. Nothing contained in these Terms is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by us with respect to such use.
Effective date: December 1, 2018
I. COLLECTION OF INFORMATION
We may collect the following kinds of information when you use the Services: Information you provide directly to us. For certain activities, such as when you register, subscribe to our alerts, or contact us directly, we may ask you to provide some or all of the following types of information:
- Contact information, such as full name, email address, mobile phone number, and address;
- Username and password;
- Payment information, such as credit card number, expiration date, and credit card security code, where needed to complete a transaction; and
- Correspondence you send to us.
Information we collect automatically. We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, device and advertising identifiers, browser type, operating system, Internet service provider, pages that you visit before and after using the Services, the date and time of your visit, information about the links you click and pages you view within the Services, and other standard server log information.
Information we obtain from other sources. We may receive information about you from other sources, including through third-party services and organizations. For example, if you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, we may collect information from these third-party services.
II. USE OF INFORMATION
We only use payment information, such as credit card numbers, expiration date, and security codes, as necessary to complete a particular transaction (such as a donation) or as otherwise required by law.
We generally use the information we collect online to:
- Fulfill your requests for products, services, and information;
- Send you promotional materials from us or on behalf of our affiliates and trusted third-party partners;
- Analyze the use of the Services and user data to understand and improve the Services;
- Customize the content you see when you use the Services;
- For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
III. DISCLOSURE OF INFORMATION
We are committed to maintaining your trust, and we want you to understand when and with whom we may share the information we collect.
- Authorized third-party vendors and service providers. We share your information with third-party vendors and service-providers that help us with specialized services, including email deployment, business analytics, and data processing.
- Business transfers. We may share your information in connection with a substantial corporate transaction, such as the sale of a website, a merger, consolidation, asset sale, or in the unlikely event of bankruptcy.
- Legal purposes. We may disclose information to respond to subpoenas, court orders, legal process, law enforcement requests, legal claims or government inquiries, and to protect and defend the rights, interests, safety, and security of Accountability Counsel, our affiliates, users, or the public.
- With your consent. We may share information for any other purposes disclosed to you at the time we collect the information or pursuant to your consent.
If you access third-party services, such as Facebook, Google, or Twitter, through the Services to login to the Services or to share information about your experience on the Services with others, these third-party services may be able to collect information about you, including information about your activity on the Site, and they may notify your connections on the third-party services about your use of the Site, in accordance with their own privacy policies.
If you choose to engage in public activities on the Services, you should be aware that any information you share there can be read, collected, or used by other users of these areas. You should use caution in disclosing personal information while participating in these areas. We are not responsible for the information you choose to submit in these public areas.
We use reasonable measures to help protect information from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction. You should understand that no data storage system or transmission of data over the Internet or any other public network can be guaranteed to be 100 percent secure. Please note that information collected by third parties may not have the same security protections as information you submit to us, and we are not responsible for protecting the security of such information.
V. YOUR CHOICES
You may be able to refuse or disable cookies by adjusting your web browser settings. Because each web browser is different, please consult the instructions provided by your web browser (typically in the “help” section). If you choose to refuse, disable, or delete these technologies, some of the functionality of the Services may no longer be available to you.
VI. THIRD-PARTY ADVERTISING, LINKS, AND CONTENT
Do-Not-Track Signals and Similar Mechanisms. Some web browsers transmit "do-not-track" signals to websites. Because of differences in how web browsers incorporate and activate this feature, it is not always clear whether users intend for these signals to be transmitted, or whether they even are aware of them. We currently do not take action in response to these signals.
VII. INTERNATIONAL USERS
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