TERMS OF SERVICE

Actforamerica.org/Terms of Service

Revision Date:  March 20, 2017

TERMS OF SERVICE

Copyright Information/User Rights

BY ACCESSING OR USING THIS WEB SITE, MOBILE APPLICATION OR OTHER SOCIAL MEDIA APPLICATION, THE USER AGREES TO BE BOUND BY THESE “TERMS OF SERVICE”.  IF YOU DO NOT AGREE TO ALL OF THE TERMS CONTAINED HEREIN, DO NOT USE THIS WEB SITE, MOBILE APPLICATION OR ANY OTHER SOCIAL MEDIA APPLICATION ASSOCIATED WITH ACT CONTENT, LLC, OR ITS SUBSIDIARIES OR AFFILIATES.

This website, mobile application or other social media application is operated by ACT Content, LLC.  These Terms of Service apply solely to your access to, and use of, actforamerica.org Website operated by ACT Content, LLC and other ACT Content, LLC Web sites and mobile applications and other social media applications with link to these Terms of Service (the “Sites”).  Hereinafter, by access to the Sites, you will be referred to as the “User”.  These Terms of Service do not alter in any way the terms or conditions of any other agreement User may have with ACT Content, LLC or its subsidiaries or affiliated organizations. Unless otherwise indicated, all content appearing on this Website is the property of ACT Content, LLC.  Copyright © 2017.  All Rights Reserved.

ACT Content, LLC reserves the right to change or modify any of the terms and conditions contained in these Terms of Service, any policy or guideline of its Sites, at any time, in its sole discretion.  Any such changes or modifications will be effective immediately upon posting of such changes or modifications (“Changes”) on our Sites.  The User waives any right he/she/it might have to receive specific notice of such Changes.  The User’s continued use of the Sites following posting of any Changes confirms acceptance of such Changes.  If the User does not agree with the Changes, STOP USEAGE OF THE SITES IMMEDIATELY.

1. COPYRIGHT AND LIMITED LICENSE.

Copyrighted items that are not owned by ACT Content, LLC are owned and are the copyrights of their respective owners and ACT Content, LLC makes no claim to ownership or license of such items.  ACT Content, LLC’s use or display of any such copyrighted information is solely for the purposes of review, study, education, understanding, criticism, or news reporting without the intent of infringement.

Unless otherwise indicated in the Site, the Sites and all content and other materials on the Sites, including, without limitation, ACT Content, LLC logos, designs, text, graphics, pictures, information, data, software, tools, sound files, all other files, and the selection and the arrangement of all of the above (“Site Materials”) are proprietary property of ACT Content, LLC, and are protected by U.S. and international copyright laws.

The User is granted a limited license to access and use the Sites and the Site Materials herein.  Such license cannot be sub-licensed.  Such license does not include:  (a).  Any use of the Sites or the Site Materials other than for its intended purpose; (b).  Downloading (other than the page caching) of any portion of the Sites, Site Materials or any information contained therein, except as expressly permitted on the Sites; (c).  Modifying or otherwise making any derivative uses of the Sites and Site Materials, or any portion thereof; (d).  Reproduction, distribution, public performance, or public display of any Site Materials, except as expressly permitted on the Site; (e).  Use of data mining, robots, or similar data gathering or extraction methods; or (f).  Any resale or commercial use of the Sites or the Site Materials herein.

Hyperlinks:  User may not use ACT Content, LLC logos or other proprietary graphics of ACT Content, LLC to link to any site without the express written permission of ACT Content, LLC.  The User is not conveyed any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright or proprietary right of ACT Content, LLC or any third party.

2. TRADEMARKS.

All brand, product, service, and process names appearing on this Site are trademarks of their respective holders.  Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation or sponsorship of such product, service or process by ACT Content, LLC. 

All logos and slogans contained in the Sites are trademarks of ACT Content, LLC, its suppliers, or licensors, or other third parties and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ACT Content, LLC or the trademark holder.

The User may not use any metatags or other “hidden text” utilizing ACT Content, LLC or any of its subsidiaries or affiliates, or any other name, trademark or product or service name of ACT Content, LLC, its subsidiaries, or affiliates, without prior written permission.

The artistic expression embodied in the look of the Sites, including but not limited to the headers, graphics, button icons, all scripts and other materials expressed on the site are products of ACT Content, LLC and comprise the service mark, trademark and/or trade dress of ACT Content, LLC and may not be copied, imitated, or used, in whole or in part, without prior written permission.

Finally, all other trademarks, whether registered trademarks or unregistered trademarks, product names and company names and logos mentioned in the Sites are the property of their respective owners.  Reference to or use of a product, service, or process does not imply recommendation, approval, affiliation, or sponsorship of such product, service, or process by ACT Content, LLC.

3. MOBILE COMMUNICATIONS.

Any request to receive updates or other information by mobile phone or text message or other device developed in the future (“SMS Service”), is a consent by the User to receiving text messages or other communication from ACT Content, LLC via User’s mobile device.  User’s carrier standard messaging, date and other rates and fees will apply to SMS Service communications. 

ACT Content, LLC is not responsible or liable for any delays in receipt of SMS messages. 

SMS MESSAGE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, AND ACT CONTENT, LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.

4. PRIVACY POLICY.

Please refer to our “Privacy Policy” for information on how ACT Content, LLC collects, uses, and discloses personally identifiable information from its Users.

Data obtained from the User in connection with any SMS Service may include the User’s cell phone number, the carrier’s name, and the date, time and content of your messages.  ACT Content, LLC may use this information to contact the User and to provide any service requested by the User as otherwise provided in the “Privacy Policy”.

5. THIRD PARTY CONTENT.

We may make third party information and other content available on or through the Sites (“Third Party Content”) as a service to those interested in this information and ACT Content, LLC may provide information regarding or access to third party products or services available on or through the Sites (“Third Party Products and Services”).  ACT Content, LLC makes no representation or warranties of any kind regarding Third Party Content, including, without limitation, its accuracy or completeness. 

USER ACKNOWLEDGES AND AGREES THAT ACT CONTENT, LLC IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD-PARTY CONTENT AND UNDERTAKES NO RESPONSIBILITY TO UPDATE OR REVIEW ANY THIRD PARTY CONTENT.

6. REPEAT INFRINGER POLICY.

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, ACT Content, LLC will terminate, when appropriate as determined by ACT Content, LLC, in its sole discretion, subscribers or account holders who are deemed to be repeat infringers.   ACT Content, LLC may also, at its sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe on any intellectual property rights of others, whether or not there is a repeat infringement.

7. SUBMISSIONS.

User agrees that any and all material and submissions provided by User to the Sites shall become the sole property of ACT Content, LLC, including but not limited to all intellectual property rights, and ACT Content, LLC shall be granted unrestricted use and the right to disseminate such material and submissions for any purpose without acknowledgment or compensation to User.

8. COPYRIGHT COMPLAINTS.

All claims of copyright infringement shall be submitted to the ACT Content, LLC Agent listed below:

Name of Agent Designated to Receive Notification of Claimed Infringement:

Stephen D. Lentz, Esq.

Attorney at Law

GOODMAN | ALLEN | DONNELLY

150 Boush Street
Suite 900
Norfolk, VA 23510-1626

P: (757) 625-1400
F: (757) 625-7701

slentz@goodmanallen.com

goodmanallen.com

Please see 17 U.S.C. 512 (c)(3) for requirements for property notifications.  Knowing misrepresentation of material or infringement activity in notices under Federal Statutes will result in liability for damages, including court costs and attorney’s fees, incurred by ACT Content, LLC or the alleged infringer as the result of ACT Content, LLC relying on such misrepresentation in removing or disabling access to the alleged infringing material or activity.

9. REGISTRATION DATA; ACCOUNT SECURITY

The Sites may include interactive areas or services (“Interactive Areas”), such as forums, blogs, chat rooms or message boards, or other areas or services in which User or other users may create, post, share or store content, messages, materials, data, information, text, graphics, audio, video, or other items or materials on the Sites (“User Content”).  User is solely responsible for its use of such Interactive Areas.  User uses them at its own risk.  User agrees not to post, upload to, transmit, distribute, store, create, or otherwise publish through the Sites any of the following:

  1. User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, deceptive, or misleading.
  2. User Content that would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  3. User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party.
  4. Private unauthorized information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers.
  5. Viruses, corrupted data or other harmful, disruptive, or destructive files.
  6. User Content that, in the sole judgment of ACT Content, LLC, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or Sites, or which may expose ACT Content, LLC or its users to any harm or liability of any kind.

As a provider of interactive services, ACT Content, LLC is not liable for any statements, representations, or User Content provided by its users in any public forum.  Any use of the Interactive Areas or other portions of the Sites in violation of the foregoing violates these Terms of Service and may result in, among other things, termination, or suspension of User’s rights to use the Interactive Areas and/or the Sites.

10.  INDEMNIFICATIONS AND DISCLAIMERS.

INDEMNIFICATIONS:  User agrees to defend, indemnify and hold harmless ACT Content, LLC, its subsidiaries and affiliates, its independent contractors, service providers and consultants, and their respective directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorney’s fees) arising out of or related to any User Content posted, stored, or otherwise transmitted on or through ACT Content, LLC Sites, including but not limited to User use of any Interactive Areas or any act or omission relating to the Site or any User Content.  This indemnification includes without limitation any actual or threatened suit, demand or claim made against ACT Content, LLC and/or its independent contractors, service providers, employees, directors, or consultants, arising out of or relating to the User Content, User conduct, or User violation of these Terms of Service of User violation of any rights of any third party.

DISCLAIMERS:  EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY ACT CONTENT, LLC, THE SITES, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  ACT CONTENT, LLC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABIITY, NON-INFRINGEMENT WITH RESPECT TO THE SITE CONTENT AND WEB PAGES, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.  THESE DISCLAIMERS INCLUDE, BUT ARE NOT LIMITED TO, DISCLAIMER OR WARRANTY AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS, OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE.  IN NO EVENT WILL ACT CONTENT, LLC, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES.

ACT Content, LLC makes no representation or warranty whatsoever regarding the completeness, quality, or adequacy of the Site or its content, or the suitability, functionality, or operation of the Site or its content.  By using the Site, the User assumes the risk that the content on the Site may be inaccurate, incomplete, offensive, or may not meet the User’s needs and requirements.

Any warranty that is provided in connection with any of the products and services described on the Site by an advertiser, manufacturer or third party is provided solely by such advertiser, manufacturer or third party, and not by ACT Content, LLC.

ACT Content, LLC makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third party Web sites accessible by hyperlink from ACT Content, LLC Sites.  Such third-party Web sites are not under the control of ACT Content, LLC.  ACT Content, LLC is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites.

11.   LIMITATION OF LIABILITY.

IN NO EVENT SHALL ACT CONTENT, LLC OR ITS EMPLOYEES, AGENTS OR VOLUNTEERS, BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM ACT CONTENT, LLC, OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO ORGANIZING FOR ACT CONTENT, LLC RECORDS, PROGRAMS OR SERVICES. 

IN NO EVENT, SHALL THE AGGREGATE LIABILITY OF ACT CONTENT, LLC, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE TH SITES OR THE SITE MATERIALS EXCEED ANY COMPENSATION USER PAYS, IF ANY, TO ACT CONTENT, LLC FOR ACCESS TO OR USE OF THE SITES.

IF, AND WHEN, STATE LAW DOES NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF LIMITATION OF CERTAIN DAMAGES, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY.

12.   APPLICABLE LAW AND VENUE.

These Terms of Service and User’s access and use to the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without resort to its conflict of law provisions. User agrees, by his/her/its use of the Site, that any action at law or in equity arising out of or relating to these Terms of Service, shall be filed only in the state and federal courts located in the Commonwealth of Virginia.  User irrevocably and unconditionally consents to and submits to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service.

13.   SEVERABILITY.

Should any provision of these Terms of Service be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

14. Policy Statement