Terms of Use for Independent Sector’s FutureLab
Utilizing Imaginatik’s Idea Central software
INTRODUCTION
The following terms and conditions of use (“Terms”) apply to and govern your access to and use of this online community website, with a home page of independentsector.imaginatik.com, and any content, communications, tools, or services available on or through this website community (collectively, “Site”). This Site is offered to you by Independent Sector. PLEASE CAREFULLY READ THESE TERMS BEFORE PROCEEDING TO ACCESS OR IN ANY WAY USE THIS SITE. THESE TERMS APPLY TO ALL USERS OF THIS SITE REGARDLESS OF WHETHER OR NOT YOU HAVE REGISTERED AS A SITE MEMBER.ACCEPTANCE OF TERMS
By clicking the “I AGREE” button provided or by otherwise accessing or using any portion of the Site, YOU UNCONDITIONALLY AGREE, ON BEHALF OF YOURSELF AND YOUR BUSINESS, IF APPLICABLE, TO BE LEGALLY BOUND TO THESE TERMS. If you do not agree to be legally bound by any of these Terms DO NOT access or use the Site. We reserve the right, in our sole discretion, to change, modify, add, or remove portions of these Terms at any time. We suggest that you check these Terms periodically for changes. Your continued use of the Site following such modifications will be conclusively deemed acceptance of any changes to these Terms. We expressly reserve the right to monitor any and all use of the Site.If now or in the future you object to or seek to change any of these Terms or any subsequent modifications of these Terms or you otherwise become dissatisfied with the Site in any way, your only recourse is to immediately discontinue use of the Site.
You acknowledge that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. Without limiting the generality of the foregoing, you acknowledge that such consideration includes your use of the Site, the possibility of our use or display of your Postings/Feedback (defined below) and the possibility of the publicity and promotion from our use or display of your profile and/or Postings/Feedback.
The Site is not intended for use by or directed at children under the age of 13.
GRANT OF LICENSE
These terms provide you with a personal, revocable, nonexclusive, nontransferable license to access and use the Site and the content and ideas contained therein conditioned on your continued compliance with the Terms. You may print, download and distribute selected materials and information made available through the Site solely for non-commercial, scholarly, research or other uses in furtherance of the mission of your tax-exempt organization, provided that copies of all materials or information contain all copyright and other applicable notices contained in such materials and information. Notwithstanding the foregoing and except as otherwise expressly permitted herein, you may not modify, copy, distribute, broadcast, transmit, reproduce, publish, mirror, frame, license, transfer, sell, or otherwise use any information or material obtained from or through the Site. To the extent that you use materials from the Site, you must acknowledge Independent Sector as the source of such materials.INTELLECTUAL PROPERTY RIGHTS
All material contained on the Site, unless otherwise indicated, is protected by law, including, but not limited to, United States copyright and trademark law, as well as other state, national, and international laws and regulations. Except as expressly provided herein, Independent Sector does not grant any express or implied right(s) to users of the Site. The contents of the Site are © 2009 Independent Sector, or its third-party vendors. All Rights Reserved. Removing or altering the copyright notice on any material on the Site is prohibited.The trademarks INDEPENDENT SECTOR®; INDEPENDENT SECTOR A VITAL VOICE FOR US ALL®; the “Eye” Logo®; FUTURELABSM; and all other names, logos, and icons identifying Independent Sector and/or Independent Sector’ products and services are proprietary marks of Independent Sector. Other product and company names mentioned herein may be the trademarks of their respective owners.
POSTING TO THIS SITE
We encourage you to register as a Site Member so that you can fully participate in the Site and we welcome you to post, generate, contribute, upload, provide, or submit any content, information, photographs, communications or other materials (“Postings/Feedback”) on, to and through the Site so long as such Postings/Feedback comply with these Terms, including without limitation the Rules of Conduct herein.Except for certain personally identifiable information submitted during the Site Member registration and profile creation process, no Postings/Feedback made on or through the Site will be treated as confidential, and will be freely available for our use as provided herein. No element of your Postings/Feedback that you communicate to us may or will be subject to any obligation, of confidentiality or otherwise, to you or any other person. INDEPENDENT SECTOR WILL NOT BE LIABLE FOR ANY USE OR DISCLOSURE OF SUCH POSTINGS/FEEDBACK.
POSTINGS & FEEDBACK
All Postings/Feedback made to the Site are subject to the following additional terms:- Independent Sector is not required to use any such Postings/Feedback that you provide, but it may do so at its sole discretion as provided herein;
- You hereby grant a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, fully paid up and royalty-free right to Independent Sector to copy, distribute, publicly display, and create derivative works of, in any media now known or hereafter developed, any and all Postings/Feedback that you submit to us, without any further consent, notice and/or compensation to you or to any third parties. For the avoidance of doubt, Independent Sector may in its sole discretion reference or use your Postings/Feedback in any or all solicitations, promotions or advertising in any medium now known or hereafter invented without remuneration, obligation or attribution to you, and you hereby waive any claims to any proprietary or intellectual property rights, including, without limitation, copyright rights, moral rights, rights of attribution, and rights of privacy and publicity in your Postings/Feedback.
- You represent and warrant that all Postings/Feedback that you submit are accurate, are not confidential, libelous or defamatory, and are not otherwise in violation of any contractual restrictions or other third-party (contractual or proprietary) rights; and
- The rights of Independent Sector hereunder are fully transferable without notice or consent.
RULES OF CONDUCT
You are solely responsible for your conduct and the contents of your Postings/Feedback, or other communications and other transmissions on or through the Site. Your access and use of the Site and all rights granted to you hereunder are conditioned upon your compliance with the followings rules of conduct.Whether through or in connection with the Site, you must not post, process, upload, transmit, distribute, communicate, publish, make available, or store Postings/Feedback, or otherwise use the Site, or assist any third-party in using the Site, for anything that is or may be in our sole determination:
- abusive, violent, threatening, harassing, degrading, hateful, stalking, intimidating (even if masked), defamatory or otherwise violating the legal rights of others;
- obscene, indecent, sexually graphic, pornographic, racially or ethnically objectionable, or otherwise objectionable;
- exploitive to, harmful to, or otherwise inappropriate for children;
- fraudulent, tortious or otherwise unlawful or giving rise to criminal or civil liability;
- encouraging others to conduct activity that constitutes a criminal offense, or that encourages or provides instructional information about illegal activities;
- violating or infringing any rights of Independent Sector or third parties (including, but not limited to, copyright, trademark, rights of privacy or publicity, or any other proprietary right) or defamatory, slanderous or libelous.
- non-public or sensitive information about a company or a company’s employees without the proper authorization to do so;
- impersonating or “spoofing” any person or entity;
- falsely stating or otherwise misrepresenting your affiliation with any person or entity; or expressing or implying that Independent Sector endorses any statement you make without our prior written consent;
- harvesting or collecting personally identifiable information about other users or companies using the Site or creating a database by systematically downloading and storing content from the Site;
- using any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of any of the Site;
- a virus, worm, Trojan Horse, Easter egg, time bomb, spyware, or any other computer code, file, or similar program that is harmful, invasive or is otherwise intended to damage or hijack the operation of any hardware, software, or telecommunications equipment;
- imposing an unreasonable or disproportionately large load on the Site;
- interfering with or disrupting the operation of the Site, or the servers or networks that provide the Site;
- interfering with, restricting, or otherwise inhibiting any other user from using the Site, including by means of defacing any portion of the Site;
- hacking, cracking, “phreaking” or any other activity to circumvent established Internet security measures on the Site or elsewhere;
- disrupting the normal flow of communication and dialogue on the Site, causing a screen to scroll faster than other users are able to type, or otherwise acting in any way which adversely affects the ability of other users to engage in real time activities on the Site;
- unsolicited or unauthorized advertising, promotional materials, repeated postings, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunity, or any other form of bulk solicitation;
- advertising (e.g. offering for sale products or services), soliciting or offering to sell any goods or services unrelated to your company’s business; and/or
- disobeying any requirements, procedures, policies or regulations established from time to time regarding use of the Site or any networks connected to the Site.
REGISTRATION, PROFILE CREATION
You must register as a Site Member to access and use certain portions of the Site. During the registration process, and from time to time when using the Site, you may be asked to provide profile and contact information about yourself and to create a username and password. You agree to keep your profile and contact information up to date and to maintain the security of your username and password. You represent and warrant that all information you provide to us is authorized, correct, current, or complete. You must not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information or another person’s name, likeness, voice, image or photograph. If we have reason to suspect any such information that you provided is not authorized, correct, current, or complete, we may, among other remedial options, refuse your access to the Site or any of its resources without notice.DISCLAIMERS
While Independent Sector endeavors to provide accurate and timely information, the information contained in the Site may include inaccuracies or typographical errors. You acknowledge, understand and agree that Postings/Feedback are not endorsed by Independent Sector and we make no representations as to their reliability, completeness, legality, availability, accuracy, or quality and that you bear any risks associated with your use of or reliance on such Postings/Feedback. ALL SITE CONTENT, POSTINGS/FEEDBACK OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION CONTAINED IN THE SITE IS PROVIDED ON AN “AS IS,” “WHERE IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” AND “WHERE AVAILABLE” BASIS. INDEPENDENT SECTOR MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, TO YOU OR ANY OTHER PERSON OR ENTITY AS TO THE ACCURACY, AVAILABILITY, RESULTS, TIMELINESS, COMPLETENESS, MERCHANTABILITY, FREEDOM FROM COMPUTER VIRUS, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, FITNESS FOR ANY PARTICULAR PURPOSE WITH RESPECT TO THE SITE CONTENT, POSTINGS/FEEDBACK OR ANY RELATED MATERIALS, PRODUCTS, SERVICES OR INFORMATION.LIMITATION OF LIABILITY
YOU ASSUME THE SOLE RISK OF MAKING USE OF, AND/OR RELYING ON, THE SITE CONTENT AVAILABLE THROUGH THE SITE. IN NO EVENT WILL INDEPENDENT SECTOR OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, JOINT VENTURES, PARTNERS, SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, LEGAL REPRESENTATIVES, SUCCESSORS OR ASSIGNS (COLLECTIVELY, “INDEPENDENT SECTOR PARTIES”) BE LIABLE TO YOU OR ANY THIRD-PARTY, WHETHER IN CONTRACT, TORT OR ANY OTHER REASON, FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR ACCESS TO, USE OF, RELIANCE ON, INABILITY TO USE, THE SITE OR POSTINGS/FEEDBACK, EVEN IF INDEPENDENT SECTOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.If you live in a country or state that does not allow any of the foregoing disclaimers, exclusions or limitations of liability, such exclusions or limitations will not apply to you, but only to the extent such exclusions or limitations are not allowed.
INDEMNITY
You agree to indemnify and hold the Independent Sector Parties harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third-party due to, or related to, or arising out of your breach of these Terms, or your use of the Site, or your violation of any law or the rights of a third-party.LINKS TO OTHER WEBSITES
Independent Sector may provide links, in its sole discretion, to other Internet websites for your convenience in locating related information and services. These websites have not necessarily been reviewed by Independent Sector and are maintained by third parties over which Independent Sector exercises no control. Accordingly, Independent Sector expressly disclaims any responsibility for the content, the accuracy of the information, the quality of products or services provided by or advertised on and/or software or other information or materials downloaded from these third-party websites. Moreover, these links do not imply an endorsement of any third-party, website, or products or services provided by any third-party and Independent Sector takes no responsibility therefore.PRIVACY POLICY
Click here to review Independent Sector’s Privacy Policy, which is incorporated into these Terms and is applicable to your use of the Site.U.S. COPYRIGHT INFRINGEMENT CLAIMS
If you know or suspect that any of the materials on the Site have been used or copied in a way that constitutes copyright infringement, please send notice to Independent Sector’s designated agent identified below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:(a) A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
(e) A statement by you that you have 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;
(f) A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The designated agent for notice of copyright infringement claims may be reached as follows:
By Mail: Independent Sector
Attn: Chris Bavolack
1602 L Street, NW
Suite 900
Washington, DC 20036
By Fax: 202-467-6101
By email: chrisb@independentsector.org
The preceding information is provided exclusively for notifying Independent Sector that your copyrighted material may have been infringed. All other inquiries, such as general questions and requests or concerns regarding improper postings and/content, will not receive a response through this process.
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