This website (Website, or the Site) is provided to you by Americans for Peace Now (the Host, "we" or "us"). To assist you in using our Site, and to ensure a clear understanding of the relationship arising from your use of our Site and the services we offer through our Site, we have created (i) these Terms and Conditions of Use (the Terms), and (ii) a general Privacy Policy (the Privacy Policy). Our Privacy Policy explains how we treat information you provide to us through the Site (and potentially to others, during Opinion Exchanges via the Site), and our Terms govern your use of our Site. Our Terms and Privacy Policy apply to (i) casual visitors to our Site (Site Visitors), as well to (ii) individuals who wish to participate in the Opinion Exchanges that take place at our site, and register at our Site to participate in this manner (Participants); and (iii) individuals who wish to coordinate discussions, debates, and organizing activities on the Site (and who qualify for these tasks). To assist you in reviewing these Terms, we have included a set of Definitions, in Definitions, below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU USE THE SITE OR REGISTER AS A PARTICIPANT AT THE SITE. BY USING THE SITE OR REGISTERING AT THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OUR SITE, AND PLEASE DO NOT REGISTER AS A PARTICIPANT.
1. Your Agreement These Terms govern your use of the Website. Please read these Terms carefully; they establish our legal relationship. By accessing our Website, you are acknowledging that you have read and understood these Terms and agree to be legally bound by them. In addition, if you register as a Participant at our Website, during the registration process you further confirm your agreement to be legally bound by these Terms, by clicking "I accept" to these Terms.
2. Components of Our Site; Protecting Your Password
Our Website is divided into two broad areas and feature-sets: (i) those areas and features that are accessible to all Users (the General Site); and (ii) those areas that are password-protected (the Password-Protected Areas). Please keep in mind that we will treat as "you" anyone who uses your password to access the Password-Protected Areas. We will provide this User with all of the rights and privileges that we provide to you, and we will hold you responsible for the activities of a person using your password. Therefore, we recommend that you maintain your password in confidence, and that you refrain from disclosing this information to anyone who might "pretend" to be you with respect to the services and your participation on our Site. We also ask that you notify us immediately if you suspect that someone is using your password in this manner.
3. Grant of Rights Provided you comply with these Terms and our Privacy Policy, under our intellectual property rights (and under the Use Rights granted in Submitted Content), you are granted the following rights: Access Rights. You are granted the right to access the Website for purposes of (i) reviewing and learning more about the Opinion Exchanges that take place at our Site; (ii) participating in these Opinion Exchanges; and (iii) employing -- for educational uses only -- the information you learn via our Site and the Content you find on our Site (collectively, Permitted Purposes). You agree and acknowledge that you are prohibited from using Content for anything other than Permitted Purposes. Additional Rights. In addition, you are granted the right (i) to print out or download a reasonable number of pages from our Website, (ii) to circulate copies of these pages, and (iii) to modify the Content on the pages, and distribute this modified Content; provided that (a) you employ such materials for Permitted Purposes only, and (b) that you retain any copyright notices as they appear on the original materials on our Website. Restrictions on Non-Permitted Purposes. Apart from your express rights under Access Rights and Additional Rights, you may not use, copy, modify, distribute, or access our Website, or any materials that we have made available, or that our Users have made available, on the Site.
4. Ownership; Reservation of Rights All Content, information, software, artwork, text, video, audio, pictures, logos, and other material on the Website, including all associated intellectual property rights, are the proprietary property of the Host, our Users, or our associated licensors (or are included under principles of "Fair Use"), and are protected by copyright and other intellectual property laws. As between you and the Host, the Host retains all rights with respect to the Website except (i) those expressly granted to you in Grant of Rights, above, and (ii) those that you hold in your own Content.
5. Links to Third-Party Sites The Website may contain links or produce search results that reference links to third party Websites (collectively Linked Sites). The Host has no control over these Linked Sites or their content and does not assume responsibility or liability for any content, opinions, or materials available on Linked Sites. The Host does not endorse the content of any Linked Site, nor does the Host warrant that a Linked Site will be free of computer viruses or other harmful code that can impact your computer or other Web-access device. By using the Website to search for or link to another site, you agree and understand that such use is at your own risk.
6. Code of Conduct As a condition to your use of the Website, you agree to follow our Code of Conduct, set out below. Under this Code, you will not: * Use the Website in a manner that could disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. * Seek to obtain access to any materials or information through "hacking" or through other means we have not intentionally made available to you through the Website. * Pretend or falsely claim to be authorized to act on behalf of a third party. * Submit material that is defamatory, intentionally false, hateful, offensive, unlawfully threatening, unlawfully harassing, or that is otherwise illegal. * "Scrape," "harvest," or otherwise employ automated tools to collect Content from the Site, beyond the permissions granted in Grant of Rights. * Transmit materials through the Site that you know or should know contain viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
7. Revocation or Suspension of Use Privileges We reserve the right at any time to terminate or suspend your access to some or all of the Website if you engage in activities that we conclude, in our discretion, breach our Code of Conduct.
8. Submitted Content Our Site is designed to foster educational dialog, organizational activities, and other related activities. When you engage in activities via our Website, you acknowledge your wish to share openly and freely the Content you provide, and your wish, with your submitted Content, to further Opinion Exchanges, both on and off our Site. Accordingly, If you provide or post Content on our Site, by email or otherwise, we will treat the Content as non-confidential and non-proprietary to you. Moreover, by posting Content on the Website, (i) you authorize and license us, and our Participants, and others to use, distribute, modify, and copy the Content, without compensation to you; provided, however, that such uses shall consist of Permitted Purposes only (collectively, Use Rights). Moreover, in posting Content to our Website, you warrant that you have sufficient authority and right to submit or post the information, and provide these Use Rights. You agree that the Host has fulfilled obligations to you (if any exist) to enforce restrictions on Use Rights (specifically, the restriction that prevents any use of your Content other that use for Permitted Purposes), by providing (via these Terms) notice to Users of their Use Rights in your Content, and of the restriction on any non-Permitted Purposes uses. Beyond providing this notice, you acknowledge that the Host has no obligation to enforce or secure any rights you may hold in your Content.
9. Warranty Disclaimer The Host does not promise that the Website will be error-free or uninterrupted, or that the Site will provide specific results from your use of any content, search, or link on the Site. The Site, and all services on the Site are delivered on an "AS IS" and "AS AVAILABLE" basis. The Host does not warrant or represent that files you download from the Site will be free of viruses or other harmful features. THE HOST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND RELATED SERVICES IS AT YOUR SOLE RISK.
10. Limitation of Liability UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT, OR NEGLIGENCE, WILL THE HOST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR ARE RELATED TO YOUR USE OF THE SITE, THE SERVICES, OR THE CONTENT. YOUR REMEDY FOR CLAIMED WRONGDOING BY THE HOST WITH RESPECT TO THE SITE SHALL CONSIST OF PROSPECTIVE INJUNCTIVE RELIEF (IF AVAILABLE) ONLY.
11. Indemnity You agree to defend, indemnify, and hold the Host and its subsidiaries, affiliates, officers, directors, agents, and employees harmless from any liability to third parties, including reasonable attorneys' fees, arising from or related to your breach of these Terms.
12. Contact for Alleged Copyright Infringement
The Host respects the intellectual property rights of others and requires that its users do the same. If you believe that any content available on the Site or other activity taking place on the Site constitutes infringement of a work protected by copyright (a Work), please notify our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. sect.512) (the DMCA) to respond to such concerns, as follows: Email: info@peacenow.org Your notice must comply with the DMCA. Upon receipt of a compliant notice, we will respond and proceed in accordance with the DMCA.
13. Additional Terms for Certain Services or Sites We may offer services or features that are subject to additional or different terms and conditions. We will notify you if the feature you are accessing is subject to terms and conditions that differ from these Terms, and you will have the opportunity to decline to participate in such sites or services, if you do not agree with the differing terms and conditions.
14. Modifications to these Terms If we modify these Terms, any such modifications will take effect proactively, upon your subsequent access to the Website. Please feel free to print out a copy of these Terms for your records.
15. Assignment These Terms of Service shall not be assignable by you, either in whole or in part. The Host reserves the right to assign its rights and obligations under these Terms.
16. General These Terms and our Privacy Policy shall be governed in all respects by the laws of the District of Columbia without giving effect to its conflicts of law provisions. Any dispute relating to this Agreement shall be resolved solely in the courts located in the District of Columbia. The parties further agree that any cause of action arising under these Terms shall exclusively be brought in such courts. If any provision of these Terms, or our Privacy Policy is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe, or describe the scope or extent of such section. The Host's failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. These Terms and our Privacy Policy set forth the entire understanding and agreement between the Host and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
17. Definitions Content means information, text, video, audio, pictures, and other material made available on the Site in connection with Opinion Exchanges (whether provided by You, by other Users, or by Us). The term "Content" does not mean software or other functionality used to administer, publish, or make available the Site or Site features. The term "Content" similarly does not include Personal Information; provided, however, that Personal Information that a User voluntarily discloses in his or her contributions to a Opinion Exchange on the Site will constitute "Content." Host means Americans for Peace Now Participant means a user that meets the following criteria: he or she (i) wishes to review and consider discussions on the Site; (ii) wishes to vote and provide content to discussions; and (iii) provides requisite Personal Information to qualify as a Participant. In addition, (iv) a Participant must agree to the Privacy Policy and Terms of Use. Permitted Purposes has the meaning provided in Access Rights. Personal Information means a natural person's name, mailing address, email address, telephone number, cell phone number, and other information by which that person can be identified. Opinion Exchanges means the educational activities that take place through the Website, including (i) organizing activities; (ii) Website communications between individuals concerning issues, positions, and organizing; and (iii) any debates and the exchange of information concerning political issues. Educational Use means use for educational purposes, including informing, organizing, issue identification, and other similar purposes. By way of clarifying example, the term "Educational Use" expressly excludes commercial use or partisan political activity. Position Information means information you may provide concerning your position on political and other public issues. Privacy Policy means the Website privacy policy, located at http://www.peacenow.org Site Visitor means a casual visitor to the Website, who does not seek to become a Participant. Terms of Use or Terms means the Website terms of use, located at http://www.peacenow.org Use Rights has the meaning provided in Submitted Content. User or user means either a Site Visitor or Participant as the case may be.
18. Survival The following provisions shall survive the termination of these Terms and shall apply indefinitely: * Ownership; Reservation of Rights * Submitted Content * Warranty Disclaimer * Limitation of Liability * Indemnity * Assignment * General * Survival
19. Contact Us You may contact us for any reason (other than matters that are to be directed to our DMCA Agent, as identified in Contact for Alleged Copyright Infringement at the following addresses: Email: apndc@peacenow.org
20. Effective Date The effective date of these Terms is August 1, 2009