WhyUnite? Terms of Service
Effective Date: December 1, 2015
Table of Contents
- Restrictions on Use of Content
- Registration and Creating Profiles etc.; Attribution of Electronic Acts to You
- User Generated Content & Site Activities
- User Generated Content – Your Responsibility and License to Others
- Site Activities
- No Commissions
- Privacy and Information Security, INCLUDING CONSENT TO INTERNATIONAL DATA TRANSFERS & DISCLOSURE
- Infringement of Our Rights or the Rights of Others; Your Warranty
- Feedback; Your License to Us
- NO WARRANTIES, CONDITIONS OR OTHER DUTIES
- NO INCIDENTAL, CONSEQUENTIAL OR CERTAIN OTHER DAMAGES
- EXCLUSIVE REMEDY; DAMAGE LIMITATION
- Linked Site
- GOVERNING LAW AND EXCLUSIVE JURISDICTION
- Legal & Other Notices & Disclosures
- Entire Agreement; Miscellaneous
- Additional or Required Notices
These Terms are an agreement between WhyUnite and you and govern your use of the Site and all information on or submitted through it.
The Site contains a variety of information, including (without limitation) information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, that you upload, post or otherwise provide in connection with the Site (“Content”). Some of the Content on the Site is not available for downloading, such as our copyrighted works that we do not distribute or works of others that we are not permitted to distribute. However, we also may have Content that if so designated may be downloaded by you pursuant to these Terms (“Available Content”). YOU MAY REVIEW, DOWNLOAD, COPY, DISTRIBUTE AND USE THE AVAILABLE CONTENT SOLELY FOR THE PURPOSE OF YOUR PERSONAL USE. YOU MAY NOT SELL THE AVAILABLE CONTENT OR OTHERWISE DISTRIBUTE IT FOR A FEE.
This Site is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws. You may not use or export anything (including information) from the Site in violation of U.S. export laws, regulations or the Terms.
- Registration and Creating Profiles etc.; Attribution of Electronic Acts to You
For some areas of the Site, you may have to complete a registration process or create a profile for use in the Community section or another area of the Site. Completion of the process may include creating an account with a user name and password or other identifier which you agree to guard as confidential information – if you are careless with it, others may be able to access the information. You agree to provide accurate, current and complete information at all times. You also agree that you will review, maintain, correct, and update such information in a timely manner to maintain its accuracy and completeness by using the means allowed for the relevant information or, when appropriate, by contacting us. If you provide (or WhyUnite has reasonable grounds to believe that you provided) any information that is inaccurate, not current, or incomplete, WhyUnite may suspend or terminate your access, in addition to exercising all rights and remedies allowed by law.
- User Generated Content and Site Activities
- User Generated Content – Your Responsibility and License to Others. Sometimes you may wish to provide Content, such as by uploading a video or information, or submitting comments in a chat room. When you provide Content, you:
Represent and warrant that the Content is (a) wholly your original work, or (b) that you have all necessary right, title, interest and licenses to upload it and make it available to WhyUnite and other users for download, distribution and use under these Terms without (i) violation (by you, us, Third Parties, users or anyone else) of any applicable license, restriction or law, or (ii) a potentially adverse consequence to us, Third Parties, users or anyone else that you have not conspicuously disclosed in the Content. As used here, “adverse consequence,” means a restriction governing the Content which could be triggered if we or others exercise a right under the license you grant below and which imposes an obligation, liability or impairment of rights on us or others that was not conspicuously placed on or in the Content notice that adverse actions can result and that you may be contacted at the email address and telephone number in the notice to obtain your full disclosure of applicable licenses and restrictions applicable to the Content;
Grant WhyUnite and each Site user who downloads the Content under these Terms, a perpetual, nonexclusive, worldwide, royalty-free, fully paid up, irrevocable license to (i) use, copy, distribute, modify and create derivative works from the Content; (ii) publicly perform or display, license and distribute copies of the Content, modified Content and derivative works of the Content; and (iii) sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, as necessary or advisable (as determine by WhyUnite or other licensed person in its sole discretion) to allow WhyUnite or other licensed person to fulfill its charitable or governmental mission, to further its related operations, and to create, advertise, operate and manage the Site.
In addition to the rights above, you acknowledge and agree that we may keep Content indefinitely and disclose it for any purpose, including but not limited to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) without undertaking a duty to do so, protect the rights, property, or personal safety of WhyUnite, its users and the public.
You agree not to upload, post or otherwise transmit through the Site any Content or any other materials whatsoever that are or could appear to:
(i)be defamatory, obscene, invasive to another person’s privacy or protected data, or tortious: (ii) be infringing upon anyone’s intellectual property rights, including any patent, trademark, trade secret, copyright, or right of publicity; (iii) contain any software viruses or any other harmful computer code, files, or programs, including any designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; and (iv) in violation of any applicable license, law or contractual or fiduciary duty or provision (including by exercise of the rights you grant to WhyUnite above).
WhyUnite anticipates that substantial Content or even assistance will be made available to you and others through the Site or otherwise. Content may be outdated or contain typographical errors, inaccuracies, omissions, or problematic or defective functionality, and assistance will need your review. YOU AGREE NOT TO RELY ON CONTENT OR ASSISTANCE AND TO DETERMINE ALL RELEVANT FACTORS ON YOUR OWN, INCLUDING (WITHOUT LIMITATION) ACCURACY, FUNCTIONALITY, QUALITY, RELIABILITY AND OTHER RELEVANT FACTORS. We reserve the right to monitor and exercise all other rights of ours, and also to modify or remove any Content or assistance at any time, but do not undertake any duty to do so.
Any opinions, advice, statements, assistance, services, offers, or information expressed or made available by third parties, including users, are those of the respective author(s) or distributor(s) and not of WhyUnite.
- Site Activities. The Site is provided as is and when available, and we may change all Content, functionality and services in our discretion at any time. We may also do this for particular activities even if you have started to participate. For example, we can change the community set up at any time. Also, we might make a mistake and reserve the right to correct anything, including but not limited to Content or assistance on the Site. For example, we may correct, change, withdraw or do anything else to any of the content of the Site.
C.No Commisions. We do not want to deal with persons desiring to be paid for something unless we intentionally enter into an express contract to do so. This means, for example, that we do not pay commissions or other sums to anyone who submits any content to WhyUnite for any purposes unless we have expressly contracted to do so in writing prior to any such arrangement.
- Infringement of Our Rights or the Rights of Others; Your Warranty. Our Site, including the Content, is protected by intellectual property laws and you agree to respect them. See the “Additional or Required Notices” section of these Terms for more information about our trademarks and copyrights. All rights not expressly granted to you are reserved. As for intellectual property rights of others, anyone who believes that their work has been infringed, may provide a notice to our copyright agent – see the Additional or Required Notices section of the Terms. It is our policy to terminate in appropriate circumstance any (if any) account or right of access for repeated infringement, and we also reserve the right to terminate for even one infringement.
- Feedback; Your License to Us. We hope that you will provide Feedback (as defined below) so that we may better support, improve and pursue our mission. However, you agree that you will not supply Feedback that infringes or violates the rights of others, and you hereby grant a License to WhyUnite (as defined below) in your Feedback. You agree that we have no obligation to pay you or anyone else for Feedback or for the License to WhyUnite. “Feedback” means all remarks, data, suggestions, methods, surveys, reports, processes and ideas (including patentable ideas) and other Content that you provide by using the Site or provide about it, Content or any aspect of our mission or operations, whether provided to us or persons working with us or the Feedback, and whether provided through the Site or media such as a chat room, survey, report, grant, software tool, bulletin board or otherwise. As used above, “License to WhyUnite” means a non-exclusive, perpetual, irrevocal, royalty-free, transferable, sub-licensable, worldwide license to WhyUnite to exercise all now or later existing intellectual property rights or other rights of yours or others in the Feedback, for purposes of supporting WhyUnite’s mission (as determined by us) in full or in part and in all possible media (now known or later developed. The foregoing rights include (but are not limited to), the right to display, perform, read (on air or otherwise), and publish in public or private sites, newspapers or other media, brochures, reports and so on, all or part of the Feedback and any other information that you provide through or relating to our Site or the Content. The License to WhyUnite is in addition to any (if any) that you may be required to provide under any separate agreement between us and you.
- Indemnification. You agree to indemnify, defend and hold harmless WhyUnite and Third Parties, from and against any and all losses, damage, liability and costs of every nature incurred by any of them in connection with any claim, damage or loss related to or arising out of: the Content, use of the Site or related sites, any assistance or services provided by us or Third Parties, any alleged unauthorized use of the Site, or any breach or alleged breach by you of these Terms. You agree to cooperate fully in the defense of any of the foregoing. We reserve the right, at our own expense, to control exclusively the defense of any matter otherwise subject to indemnification by you and you will not settle any matter without our consent in a non-electronic record. Your obligation to indemnify, defend and hold harmless shall be limited to the extent that you are afforded sovereign immunity under applicable federal, state or local laws. In such cases where your obligation to indemnify may be limited due to the requirements of federal, state or local laws, you shall be responsible for the ordinary negligent acts and omissions of your agents and employees causing harm to persons not a part to this agreement.
- NO WARRANTIES, CONDITIONS OR OTHER DUTIES. THE SITE AND ALL CONTENT (regardless of who generates it) SITE FUNCTIONALITY, ASSISTANCE AND SERVICES PROVIDED BY SITE, THE FOUNDATION OR THRID PARTIES (collectively, “COMPLETE SITE”) ARE SUBJECT TO CHANGE AND PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY, OF ANY KIND,EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) WARRANTIES OR CONDITION OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY DUTY (IF ANY) OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE. THE COMPLETE SITE IS PROVIDED: (1) WITH ALL FAULTS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU; AND (2) WITHOUT ANY ASSURANCE, OR WARRANTY, CONDITION OR DUTY OF OR REGARDING: FUNCTIONALITY; PRIVACY; SECURITY; ACCURACY; AVAILABILITY; LACK OF: NEGLICENCE, INTERRUPTION, VIRUSES OR OF OTHER HARMFUL CODE, COMPONENTS OR TRANSMISSIONS; OR THE NATUR OR CONSEQUENCES OF AVAILABLE CONTENT SUCH AS (WITHOUT LIMITATION) WHETHER SOFTWARE OR OTHER CONTENT IS SUBJECT TO ANY PARTICULAR LICENSE, OR WHETHER IT IS SUBJECT TO ANY RESTRICTIONS OR CONSEQUENCES THAT MIGHT BE TRIGGERED BY ANY EXERCISE OF A RIGHT GRANTED UNDER THESE TERMS. ALSO, THERE IS NO WARRANTY BY US OR THIRT PARTIES OF TITLE OR AGAINST INFRIGNEMENT OR INTERFERENCE WITH ENJOYMENT OF ANY ASPECT OF THE COMPLETE SITE. YOU AGREE THAT YOU WILL OBRAIN (INCLUDING THROUGH DOWNLOARD) ANY CONTENT ENTRIELY AT YOUR OWN RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING INFRINGEMENT, BREACH OF CONTRACT, CONSEQUENCE OR DAMAGE, INCLUDING (WITHOUT LIMITATION) TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
- Linked Sites. Our Links to Other Sites: Our Site may contain links to Web sites of third parties. We provide these links as a convenience, but do not endorse the linked site or anything on it. While their information, products, services and information may be helpful to you, they are independent entities and we do not control or endorse them. You agree that any visits to linked sites are at your own risk and governed by their privacy policies (if any).
Your Links to Our Site: You are not permitted to link or shortcut to our Site from your Web site, blog or similar application, without obtaining prior written permission from us.
Each time you return to the Site, you are responsible for checking the effective date of then posted version of these Terms – if it later than the date of the version last reviewed, the Terms have been changed and the new version should be reviewed before using the Site. USE OF THE SITE AFTER THE EFFECTIVE DATE WILL CONSTITUTE YOUR CONSENT TO THE AMENDMENTS, SO IF YOU DO NOT WANT TO BE BOUND BY AN AMENDED VERSION, DO NOT USE THE SITE AND CEASE ALL USE OF THE CONTENT OR SERVICES.
- GOVERNING LAW AND EXCLUSIVE JURISDICTION. These terms and your use of the Site are governed by the laws of the State of Washington, U.S.A., without regard to its choice of law provisions, except where you are required by published governmental law, ordinance, regulation, directive, order, or the like (collectively, “Mandate”) to contract for application of the law of your local jurisdiction. Your hereby consent to exclusive jurisdiction of a state or federal court of general jurisdiction sitting in King County, Washington, U.S.A. except to the extent you are prohibited from doing so by a Mandate.
- Legal and Other Notices or Disclosures. Notice to You: You agree that we may give all notices we are required to give you by posting notice on the Site or, if we have your email address, by sending notice by email at our discretion, including (without limitation), disclosures that we are required to give you, legal notices, notice of subpoenas or other legal process (if any), and all other communications. When we communicate by email, we may use any email address you provide when communication with us or that we otherwise have in our records, so only supply to us an email address at which you are willing to receive all communications, including “legal” or potentially sensitive communications. You agree to check for notices posted on the Site.
- Additional or Required Notices. Various laws require or allow us to give users certain notices and each of them is incorporated into these Terms. Users may review the notices below:
- Notice: No Harvesting or Dictionary Attacks Allowed (this provides information about conduct that is unlawful under the U.S. CAN SPAM Act of 2003).
- Notice Re Trademarks (this provides notice regarding who owns the trademarks used on our Site and cautions against infringement).
- Notice Re Copyright Ownership (this provides notice regarding who owns the copyrights in the Site and its contents and cautions against infringement).
- Notice of Copyright Agent (this provides contact and other information regarding the Site’s copyright agent who may be notified of claimed infringement).
- Notice of Availability of Filtering Software (this provides a notice under the U.S. Communications Decency Act).
Notice: No Harvesting or Dictionary Attacks Allowed. WhyUnite will not give, sell, or otherwise transfer addresses maintained by it to any other party for the purposes of initiating, or enabling others to initiate, electronic mail messages except as authorized by law or appropriate WhyUnite personnel or policies. Except for parties authorized to have such addresses, persons may violate federal law if they: (1) initiate the transmission to our computers or devices of a commercial electronic mail message (as defined in the U.S. “CAN-SPAM Act of 2003”) that does not meet the message transmission requirements of that act; or (2) assist in the origination of such messages through the provisions or selection of addresses to which the messages will be transmitted.
Notice Regarding Trademarks. The trademarks used in the Site are owned by (1) WhyUnite or (2) their respective trademark owners, and are either trademarks or registered trademarks of WhyUnite. The names of actual organizations and products mentioned in the Site may be the trademarks of their respective owners. You may not use any of the above or other trademarks displayed on this Site or in any Content. All rights are reserved.
Notice Regarding Copyright Ownership. All services and Content provided on the Site are subject to intellectual property rights, contractual and other protections. The intellectual property rights are owned by WhyUnite. Except for Available Content or Content that you own, no Content may be copied, distributed, republished, uploaded, posted or transmitted in any way except pursuant to the express provisions of the Terms or with the prior non-electronic consent of WhyUnite. Modification or use of the Available Content for any other purpose may violate intellectual property rights. No titles to copies or to intellectual property rights are transferred to users – all title and rights remain with WhyUnite.
Notice Regarding Copyright Agent. WhyUnite respects the intellectual property rights of others and requests that Site users do the same. Anyone who believes that their work has been infringed under copyright law may provide a notice to the designated Copyright Agent for the Site containing the following:
- An electronic or physical signature of a person authorized to act on behalf of the owner of the copyright interest;
- Identification of the copyrighted work claimed to be infringed;
- Identification of the material that is claimed to be infringing and information reasonably sufficient to permit WhyUnite to locate the material;
- The address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- A representation that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A representation that the information in the notice 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.
Copyright infringement claims and notices should be sent in the following manner to:
14022 129th Ave NE
Kirkland, WA 98034
Notice of Availability of Filtering Software. We do not believe that the Site contains materials that would typically be the subject of filtering software and minors are not authorized to visit our Site. Nevertheless, all users are hereby informed that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist in limiting access to material that is harmful to minors.