Last revised: February 6, 2013.
1. Basic Terms Adrian Baker and its affiliates and sublicensees ("Producer", "We", or "Us") offers an interactive, multimedia website offering Native American perspectives on topics such as language preservation, the environment, and Columbus day (the “Service”) through its website currently located at (https://www.injunuity.org), which exact URL may change from time to time (the "Site"). If applicable, you may be required to set up an account to access the portions of Site or Service that allow the downloading of films and videos. You are responsible for your use of the Site and Service, for any content you post to the Site or Service, and for any consequences thereof. Any content you submit, post, or display, including without limitation any video content (the “Content”) may be able to be viewed by other users of the Site and Service and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of this Agreement.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PRODUCER. PLEASE READ IT CAREFULLY. This agreement includes the following terms, the Privacy Policy, the Copyright and DMCA Policy, and the Uploading and Posting Guidelines, which are each incorporated here by reference, and any other policies, guidelines and amendments that We may incorporate into this Agreement from time to time. By using the Site or Service in any way, you irrevocably accept the terms of this Agreement (including the Privacy Policy, Copyright and DMCA Policy, Uploading and Posting Guidelines and any other policies, guidelines and amendments that We may incorporate into this Agreement from time to time), which forms a binding agreement between you and Producer. If you do not wish to be bound by this Agreement, do not use the Site or Service. The Site and Service are not directed to - and the Site and Service are not open for use by - children younger than thirteen (13) with the prior written consent of a parent or legal guardian, as described hereafter. If you are under age 13, do NOT use the Site or Service or provide personal information through the Site or Service (unless We have received your parent’s or legal guardian’s prior written consent). If we discover that any personal information has been provided by children younger than thirteen (13) without such written consent, it will be removed immediately.
2. Ownership The Site and Service, and each of their components, are the copyrighted property of Producer and its various providers and distributors, or is the user-generated-content of visitors to this Site or Service. Portions of the content found on this Site or Service may be owned by such providers and distributors or by visitors to this Site or Service, and is the copyrighted work of the respective party. None of the content or data found on this Site or Service may be reproduced, republished, distributed, sold, transferred, or modified without the express written permission of Producer and its providers, distributors or visitors. In addition, the trademarks, logos and service marks displayed on this Site and Service (collectively, the “Trademarks”) are the registered and common law trademarks of Producer and various third parties. Nothing contained on this Site or Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Producer or such other party that may own the Trademark. This Agreement is also Producer’s property and is subject to copyright protection. Copyright © 2013, Adrian Baker ALL RIGHTS RESERVED.
3. Your Rights LICENSE: On the condition that you comply with all your obligations under this Agreement, Producer grants you a limited, non-exclusive, license to access and use the Site and Service for your own personal, non-commercial purposes. This includes the right to view content available on the Site. This license is personal to you and may not be assigned or sublicensed to anyone else. Any other use of the Site or Service contrary to our mission and purpose is strictly prohibited and a violation of this Agreement. You are solely responsible for the activity that occurs on your account and for the Content you upload and, if applicable, you must keep your account password secure. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Site and Service and all related items, including any and all copies made of the Site or Service. All rights not expressly granted by Producer are reserved. COMMERCIAL USE FORBIDDEN: You may not use the Site or Service for commercial purposes. OTHER RESTRICTIONS: Except as expressly permitted by Producer in writing, you will not reproduce, retransmit, disseminate, publish, broadcast, circulate, redistribute, sell, commercially exploit, create derivative works from, decompile, reverse engineer, or disassemble the Site or Service or any works posted to it other than your own works, nor use any works posted on the Service, except that you may download, display and print one copy of the materials presented on the Site or Service on a single computer for your personal, non-commercial use only. “Deep-linking,” “embedding” or using analogous technology is strictly prohibited unless specifically authorized in writing by Producer. Unauthorized use of this Site or Service and the materials contained on therin may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, and any other proprietary notices, contained in the materials. The use of such materials on any other website or in any environment of networked computers or for any unlawful purpose is prohibited. You will NOT take any measures to interfere with or damage the Site or Service. You agree that you will not use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of the Site or Service, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein, including the email addresses of our members, without the prior express written consent from Producer (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this Site or Service). You may not modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site or Service or create a database by downloading and storing content from this Site or Service.
4. Age Requirements MINORS RESTRICTED: You must be at least 13 years old to use the Site and Service. If you are at least 13, but are still a minor (this depends on where you live), you must have your parent or legal guardian's permission to use the Site and Service. Please have him or her read this Agreement with you. NOTICE TO PARENTS AND GUARDIANS: By granting your child permission to use the Site and Service, you agree to the terms of this Agreement on behalf of your child. You are responsible for monitoring and supervising your child's use of the Site and Service. Parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. If your child is using the Site or Service and is either under 13 or does not have your permission, please contact Us immediately so that We can disable his or her access. If you have questions about whether the Site or Service is appropriate for your child, contact Us at inquiry@injunuity.org.
WARNING: Even if you are old enough to use the Site and Service and/or have your parent's or guardian's permission, some of the content available within the Site or Service may not be appropriate for you. Some content may contain "R-rated" material, nudity, profanity, and mature subject matter. If you are under 18, do not view such content.
5. Third-party Websites The links from the Site to any other websites are provided for your information and convenience only. Producer does not assume any responsibility or liability with respect to any website linked from the Site (or any website linking to this Site or Service) including its content and operation. Producer does not review or monitor such links. A link from the Site to another website (or a link from another website to this Site or Service) does not constitute a referral, endorsement, approval, advertising, offer or solicitation with respect to such website, its contents, or any products or services advertised or distributed through that website. Producer is not responsible for the content or the privacy practices employed by other websites.
6. Your Obligations You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in this Agreement and the Privacy Policy, the Copyright and DMCA Policy, and the Uploading and Posting Guidelines. In using the Site or Service, you must behave in a civil and respectful manner at all times. Further, you agree you will not: (1) act in a deceptive manner by, among other things, impersonating any person; (2) harass or stalk any other person; (3) harm or exploit minors; (4) distribute "spam"; (5) collect information about others; or (6) advertise or solicit others to purchase any product or service within the Site. Producer has the right, but not the obligation, to monitor all conduct on and Content submitted to the Site or Service and to remove any Content for any reason, including because the Content is deemed to be inappropriate or because third-parties have complained regarding the Content. You must not copy or transmit any content on the Site or Service (or any coding within the Site or Service) without the express, written permission of Producer. The Site and Service remain the exclusive property of the Producer. You agree to notify Producer immediately at inquiry@injunuity.org if you believe that anything on the Site or Service violates any of your rights. Please see the Copyright and DCMA policy for further information. In addition to reviewing this Agreement, you agree to read the official rules that accompany special offer, coupon, discount or promotion that we may offer or conduct before you participate in such offer, coupon, discount, or promotion.
7. Licenses Granted by You As between you and Producer, you own the Content that you submit to the Site/Service. LICENSE TO Producer: By submitting Content to the Site or Service, you grant Producer and its sublicensees and affiliates a limited, worldwide, non-exclusive, royalty-free license and right to use, copy, transmit, publish, disseminate, distribute, publicly perform and display (through all media now known or hereafter created), and make derivative works from your Content. Without limiting the generality of the foregoing, Producer shall have the right to: (i) display the Content within the Site or Service; (ii) display the Content on third-party websites and applications through a content embed or Producer's API; (iii) allow other users to play, download, and embed on third-party websites the Content; (iii) use the Content to promote Producer, Producer’s funders and partners, the Site, or Service; and (iv) archive or preserve the Content for disputes, legal proceedings, or investigations. Producer and its affiliates and sublicensees will have the right to use your suggestions without any compensation to you. LICENSE TO OTHER USERS: You further grant all users of the Site or Service permission to view your Content for their personal, non-commercial purposes. This includes the right to use, copy, display, and make derivative works from the Content solely to the extent necessary to view the Content. The foregoing licenses are in addition to any license you may decide to grant (e.g., a creative commons license). DURATION OF LICENSES: The above licenses will continue unless and until you remove your Content from the Service and Site or terminate the Agreement (see termination section below), in which case the licenses will terminate within a commercially reasonable period of time. Notwithstanding the foregoing, the licenses for promotion and for legal archival/preservation purposes are irrevocable and will continue indefinitely and will not be affected by termination of the Agreement. In addition, Producer may retain the public server copies of your Content that has been removed or deleted regardless of whether the Agreement has been terminated. Please also note that removed Content may be cached in search engine indices after removal and that Producer has no control over such caching. C. NO OBLIGATION TO USE CONTENT Producer is under no obligation to use any Content. Producer may remove Content from the Site or Service at any time and for any reason.
8. Content Restrictions All Content you submit must also comply with our Uploading and Posting Guidelines.
9. Your Representations and Warranties You represent and warrant that you: (1) are not currently restricted from using the Site or Services, or not otherwise prohibited from having an account with us; (2) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (3) will not violate any of our rights or the rights of other Site/Service users, including intellectual property rights such as copyright or trademark rights; (4) agree to provide at your cost all equipment, software, and internet access necessary to use the Site or Service; (5) you have the right to submit the Content to Us and grant the licenses set forth in this Agreement; (6) We do not and will not need to obtain licenses from any third party or pay royalties to any third party in connection with your Content for any reason; (7) the Content does not infringe any third party's rights, including intellectual property rights and privacy rights; and (8) the Content complies with all terms of this Agreement and all applicable laws. In addition, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. In any case, you affirm that you are over the age of 13, as the Service/Site is not intended for children under 13. If you are under 13 years of age, do not use the Site or Service. This section will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or Service or remove Content from the Site/Service.
10. Indemnification You will indemnify, defend, and hold harmless Producer and its affiliates, directors, officers, employees, funders, contractors, sublicensees, shareholders, and agents, for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third-party claims, charges, and investigations that: (1) arise from your activities on the Site or Service; (2) assert a violation by you of any term of this Agreement, including any representations and warranties herein; (3) arise from your failure to comply with this Agreement or any representations or warranties herein; or (4) assert that any Content you submitted violates any law or infringes any third-party right, including any intellectual property or privacy right. This defense and indemnification obligation will survive the termination of this Agreement and will exist in perpetuity, regardless of whether you later cease using the Site or Service or remove Content from the Site/Service.
11. Privacy You irrevocably agree to our Privacy Policy and have read it before deciding to use the Site or Service. Please note that ideas you post and information you share may be seen and used by other Site/Service users, and We cannot guarantee that other Site/Service users will not use the ideas and information that you share on the Site or Service. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, or that is subject to third-party rights that may be infringed by your sharing it, do not post it on the Site or Service. WE ARE NOT RESPONSIBLE FOR A USER’S MISUSE OR MISAPPROPRIATION OF ANY CONTENT OR INFORMATION YOU POST ON THE SITE OR SERVICE.
12. Membership REGISTRATION: To fully use the Site or Service, you may be required to register as a member by providing a user name, password, and valid email address. You must provide complete and accurate registration information to Producer and notify Us if your information changes. If you are a business, government, or non-profit entity, the person whose email address is associated with the account must have the authority to bind the entity to this Agreement. USER NAME: We encourage you to use your real name. If you are a business, government, or non-profit entity, you must use the actual name of your organization. When creating your account, you must provide accurate and complete information. You may not use someone else's name, a name that violates any third party right, or a name that is obscene or otherwise objectionable. ACCOUNT SECURITY: You are responsible for all activity that occurs under your account, including any activity by unauthorized users. You must not allow others to use your account. You must safeguard the confidentiality of your password. If you are using a computer that others have access to, you must log out of your account after using the Producer Service. If you become aware of an unauthorized access to your account, you must change your password and notify Us immediately at inquiry@injunuity.org.
13. Term and Termination; Account Deletion TERM: This Agreement begins on the date you first use the Site or Service and continues as long as you use the Site or Service or have an account with Us, except as otherwise terminated as provided in this Agreement. MUTUAL RIGHTS OF TERMINATION: You may terminate this Agreement, for any or no reason, at any time, with notice to Producer pursuant to Section 18 of this Agreement. This notice will be effective upon Producer processing your notice. Producer may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. Such termination will be effective immediately or as may be specified in the notice. Termination of your account may also include disabling your access to the Site or Service. TERMINATION FOR BREACH: Producer may suspend, disable, terminate or delete your account (or any part thereof) or block or remove any Content you submitted for any reason, including if Producer determines that you have violated any provision of this Agreement or that your conduct or Content would tend to damage Producer's reputation and goodwill or for any other behavior that we, in our sole discretion, deem contrary to the purpose of the Site or Services. If Producer deletes your account and/or terminates this Agreement, you may not use or re-register for the Site or Service. Producer may block your email address and Internet protocol address to prevent further use or registration. EFFECT OF TERMINATION/ACCOUNT DELETION: Upon termination, all licenses granted by Producer will terminate. All sections of this Agreement that indicate that they are perpetual, indicate they survive termination, or that indicate that they are irrevocable, all representations and warranties, and all indemnification provisions herein will survive termination. In the event of account deletion or termination, Content that you submitted may no longer be available. Producer is not responsible for the loss of such Content.
14. Disclaimers and Exclusion of Warranty Producer reserves the right to modify the Site and Service. You are responsible for providing your own access (e.g., computer, mobile device, Internet connection, etc.) to the Producer Service. Producer has no obligation to screen or monitor any content and does not guarantee that any content available on the Site or Service complies with this Agreement or is suitable for all users. Producer provides the Site and Service on an "as is" and "as available" basis. You therefore use the Site and Service at your own risk. PRODUCER AND ITS THIRD-PARTY PROVIDERS DO NOT WARRANT THAT THE SITE OR SERVICE WILL BE FREE OF DEFECTS, VIRUSES, OR OTHER HARMFUL ITEMS. PRODUCER WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS THAT MAY RESULT FROM HACKING OR OTHER INFILTRATION OF THE SITE OR SERVCIE OR THE PRODUCER COMPUTER SYSTEM, THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THE SITE OR SERVICE. Producer expressly disclaims any and all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any other warranty that might arise under any law. Without limiting the foregoing, Producer makes no representations or warranties: (1) that the Site or Service will be permitted in your jurisdiction; (2) that the Site or Service will be uninterrupted or error-free; (3) concerning any content submitted by any member; (4) concerning any third-party's use of content that you submit; (5) that any Content you submit will be made available on the Site or Service or will be stored by Producer; (6) that the Site or Service will meet your business or professional needs; (7) that Site or Service will continue or that any Site/Service feature will continue ; or (8) concerning sites and resources outside of the Site or Service, even if linked to from the Site or Service. To the extent any disclaimer or limitation of liability does not apply, all applicable express, implied, and statutory warranties will be limited in duration to a period of thirty (30) days after the date on which you first used the Site or Service, and no warranties shall apply after such period. SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. DO NOT RELY ON THE SITE OR SERVICE OR ANY INFORMATION THEREIN, OR ITS CONTINUATION. WE PROVIDE THE PLATFORM FOR THE SITE AND SERVICE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. Producer DOES NOT CONTROL OR VET USER-GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY THE SITE OR SERVICE OR ANYTHING RELATED TO THE SITE OR SERVICE. YOU MAY CLOSE YOUR ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 13 (“TERMINATION”) AND SUCH TERMINATION WILL BE YOUR SOLE AND EXCLUSIVE REMEDY. PRODUCER IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES SENT THROUGH THE PRODUCER SERVICE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE/SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE/SERVICE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US. PRODUCER DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SITE OR SERVICE, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SITE OR SERVICE BY OTHER USERS OF THE COMMUNITY; THEREFORE, PRODUCER DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. PRODUCER DOES NOT GUARANTEE THAT THE SITE OR SERVICE IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SITE OR SERVICE MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PRODUCER DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PRODUCER DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE OR SERVICE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
15. LIMITATION OF LIABILITY. SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF THE SITE OR SERVICE, ANY CONTENT THEREON, OR ANY OTHER MATERIAL (INCLUDING WITHOUT LIMITATION SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE SITE OR SERVICE. Neither Producer nor any of our subsidiaries, funders, affiliated companies, employees, officers, contractors, shareholders, or directors (the “Affiliates”) will be cumulatively (or otherwise) liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Site or Service, any platform applications or any of the content or other materials on, accessed through or downloaded from the Site or Service. The total liability of Producer and its Affiliates is limited to the amount, if any, actually paid by you for access and use of the Site or Service. This limitation of liability is part of the basis of the bargain between the parties and without it the terms would be different. This limitation of liability will: Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) We knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and Not apply to any damage that the Site or Service may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
16. Compliance Notice Pursuant to 18 U.S.C. § 2257 All pictures, graphics, videos, and other visual media displayed by Producer on the Site or Service are exempt from 18 U.S.C. § 2257 and 28 C.F.R. 75 because they do not consist of depictions of conduct as specifically listed in 18 U.S.C. § 2256 (2) (A) - (D), but are merely, at most, depictions of non-sexually explicit nudity, or are depictions of simulated sexual conduct, or are otherwise exempt because the visual depictions were created prior to November 1, 1990. Producer is not the primary producer of any Content contained in the Site or Service.
17. Export Control Your use of the Site and Service, including our software, is subject to export and re-export control laws and regulations, including the Export Administration Regulations maintained by the United States Department of Commerce and sanctions programs maintained by the Treasury Department's Office of Foreign Assets Control. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving US origin products, including services or software.
18. General Provisions RELATIONSHIP: Your use of the Site or Service is independent of Producer and not as an employee, agent, partner, or joint venturer with Producer for any purpose. NON-CONFIDENTIAL: Except as expressly stated and agreed upon in advance by Producer, no confidential relationship will be established if any user of the Site or Service make any oral, written or electronic communication to Producer (such as feedback, questions, comments, suggestions, ideas, etc.). If Producer requires or requests that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number), Producerwill obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and Producer will be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to Producer is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, United States of America, without regard to principles of conflicts of law. The Uniform Commercial Code, the Uniform Computer Information Transaction Act, and the United Nations Convention of Controls for International Sale of Goods will not apply. DISPUTES: Any action arising out of or relating to this Agreement or your use of the Site or Service must be commenced in the state or federal courts located in San Francisco, California, United States of America (and you consent to the jurisdiction of those courts). In any such action, Producer and you irrevocably waive any right to a trial by jury. INTERPRETATION; SEVERABILITY; WAIVER; REMEDIES: Headings are for convenience only and may not be used to construe the terms of this Agreement. If any term of this Agreement is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from this Agreement. No failure or delays by Producer in exercising any right hereunder will waive any further exercise of that right. Producer's rights and remedies hereunder are cumulative and not exclusive. SUCCESSORS; ASSIGNMENT: This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns (including all parts of the Agreement that survive termination). We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. You may not assign this Agreement without Producer's prior written consent. NOTICES: You consent to receive all communications including notices, agreements, disclosures, or other information from Producer electronically. Producer may provide all such communications by email or by posting them on the Site or Service. For support-related inquiries, you may send an email to inquiry@injunuity.org. You may send notices of a legal nature to Producer at inquiry@injunuity.org or to the following address: Injunuity 610 Aileen Street Oakland, California 94609
Nothing herein shall limit Producer's right to object to subpoenas, claims, or other demands. MODIFICATION: This Agreement may not be modified except by a revised “Terms of Service” posted by Producer on the Site or Service or a written amendment signed by an authorized representative of Producer. A revised Terms of Service will be effective as of the date it is posted on the Site or Service. SEVERABILITY: If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way. ENTIRE AGREEMENT: This Agreement incorporates the following documents by reference: Privacy Policy Copyright and DMCA Policy Uploading and Posting Guidelines This Agreement constitutes the entire understanding between Producer and you concerning the subject matter hereof and supersedes all prior agreements and understandings regarding the same. Amendments to this Agreement. We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at the Site or Service or notifying you otherwise. For example, The Site or Service may present a banner on the site when We have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 13 (Termination).
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Adrian Baker and its affiliates and sublicensees ("Producer", "We", or "Us") offers an interactive, multimedia website offering Native American perspectives on topics such as language preservation, the environment, and Columbus day (the “Service”) through its website currently located at (https://www.injunuity.org), which exact URL may change from time to time (the "Site "). If applicable, you may be required to set up an account to access the portions of Site or Service that allow the downloading of films and videos. You are responsible for your use of the Site and Service, for any content you post to the Site or Service, and for any consequences thereof. Any content you submit, post, or display (the “Content”) may be able to be viewed by other users of the Site and Service and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of this Copyright and DCMA Policy, which is incorporated into, and forms a part of, the terms of use agreement between the parties (the “Agreement”). By using the Site or Service, you signify your agreement to this Copyright and Digital Millenium Copyright Act (“DMCA”) Policy. If you do not agree to any terms herein, do not use the Site or Service.
Producer respects the intellectual property of others, and We ask our users to do the same. Each user is responsible for ensuring that the materials they upload to the Site or Service do not infringe any third-party rights. We will promptly remove materials from the Site or Service in accordance with the DMCA. if properly notified that the materials infringe a third-party's copyright. In addition, We may, in appropriate circumstances, terminate the accounts of repeat copyright infringers.
Copyright holders: to remove copyrighted content, complete and file a DMCA notice
If you believe that your work has been copied in a way that constitutes copyright infringement, provide Us with a written notice containing the following information:
Your electronic or physical signature. You must be authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Your name, address, telephone number, and email address (if any), so that We may contact you. A description of the copyrighted work that you claim has been infringed. A description of where on the Site or Service the material that you claim is infringing may be found, sufficient for Producer to locate the material (e.g., the URL). A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law. A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. You may submit this information to: Email: inquiry@injunuity.org Offline: Injunuity- 610 Aileen Street- Oakland, California 94609 To restore removed content: file a DMCA counter-notice If you believe that your material has been removed by mistake or misidentification, please provide Producer with a written counter-notification containing the following information: Your name, address, and telephone number. A description of the material that was removed and the location on the Site or Service (e.g., the URL) where it previously appeared. A statement UNDER PENALTY OF PERJURY that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, any judicial district in which Producer may be found (which includes the United States District Court for the Northern District of California), and that you will accept service of process from the person who filed the original DMCA notice or an agent of that person. Your electronic or physical signature.
You may submit this information via: Email: inquiry@injunuity.org Offline: Injunuity- 610 Aileen Street- Oakland, California 94609 Please note that We will send any complete counter-notifications We receive to the person who submitted the original DMCA notice. That person may elect to file a lawsuit against you for copyright infringement. Warning When filing a DMCA notice or counter-notification, please make sure that you have complied with all of the above requirements. If We request additional information necessary to make your DMCA notice or counter-notification complete, please provide that information promptly. If you fail to comply with all of these requirements, your DMCA notice or counter-notification may not be processed further. In addition, please make sure that all of the information you provide is accurate. UNDER SECTION 512(f) OF THE COPYRIGHT ACT, 17 U.S.C. § 512(f), ANY PERSON WHO KNOWINGLY MATERIALLY MISREPRESENTS THAT MATERIAL OR ACTIVITY IS INFRINGING OR WAS REMOVED OR DISABLED BY MISTAKE OR MISIDENTIFICATION MAY BE SUBJECT TO LIABILITY. Producer may disclose any communications concerning DMCA notices or other intellectual property complaints with any third parties, including the users who have posted the allegedly infringing material. Repeat infringer policy Producer may terminate user accounts that have been the subject of DMCA notice(s). If a user’s materials are removed due to a DMCA notice and then subsequently restored due to the filing of a DMCA counter-notification, Producer will treat the underlying DMCA notice as withdrawn. Producer reserves the right to terminate user accounts that are not the subject of DMCA notices for any reason. Questions
If you have questions about the legal requirements of a DMCA notice, please contact an attorney or see section 512(c)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(c)(3), for more information. If you have questions about the legal requirements of a DMCA counter-notification, please contact an attorney or see section 512(g)(3) of the U.S. Copyright Act, 17 U.S.C. § 512(g)(3), for more information. Producer's copyright agent You may send a DMCA notice, a DMCA counter-notification, or any inquiries concerning intellectual property to Producer’s Copyright Agent:
Injunuity 610 Aileen Street Oakland, California 94609 inquiry@injunuity.org
Adrian Baker and its affiliates and sublicensees ("Producer", "We", or "Us") offers an interactive, multimedia website offering Native American perspectives on topics such as language preservation, the environment, and Columbus day (the “Service”) through its website currently located at [https://www.injunuity.org], which exact URL may change from time to time (the "Site"). If applicable, you may be required to set up an account to access the portions of Site or Service that allow the downloading of films and videos. You are responsible for your use of the Site and Service, for any content you post to the Site or Service, and for any consequences thereof. Any content you submit, post, or display (the “Content”) may be able to be viewed by other users of the Site and Service and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of this Privacy Policy. This Privacy Policy is incorporated into, and forms a part of, the Terms of Service Agreement between the parties (the “Agreement”). By using the Site or Service, you signify your agreement to this Privacy Policy. If you do not agree to any terms herein, do not use the Site or Service.
I. We may collect information from you: You agree that We may collect and store information about you when you open an account, upload content, participate on the Site or Service, communicate with customer service, or send Us an email. Such information may include your name, address, phone number, and email address. If anything is purchased by you on the Site or Service, We may also collect and store all information related to the purchase. Our server logs may automatically collect information, such as your IP address, your browser type and language, and the date and time of your visit, which helps Us track users’ movements around our site and understand trends. Like most websites, We may assign your computer one or more cookies which may collect information to facilitate access to our website and to personalize your online experience. We may use standard Internet tools, such as web beacons, which collect information that tracks your use of our website and enables Us to customize our services. We may release information we collect about our users when legally required to do so, at the request of governmental authorities conducting an investigation, or to verify or enforce compliance with the policies governing our website and applicable laws. We may also disclose such user information whenever we believe disclosure is necessary to protect the rights, property or safety of Producer, or any of our respective affiliates, business partners, customers or others. Furthermore, we recognize the importance of safeguarding the privacy of children and encourage parents to check and monitor their children’s use of online activities regularly. This website supports and complies with the Children’s Online Privacy Protection Act (“COPPA”) and other applicable laws. This website is not aimed at nor intended for children under the age of 13. If you are under the age of 13, please do not use this website, and if you are over the age of 13 but under the age of 18, you should use this website only with the involvement and permission of a parent or legal guardian. Our website does not accept registration from children under the age of 13. No personally identifiable information is purposefully or knowingly collected from children under the age of 13 by Producer without parental consent. For purposes of this Privacy Policy, personally identifiable information (“PII”) is personal information about an individual, such as a first and last name, phone number or email address or other individually identifiable information within the meaning of COPPA and the Federal Trade Commission’s Online Privacy Protection Rule found at 16 CFR 312.2. If Producer discovers that a person under the age of 13 has provided Producer with any PII, Producer will use commercially reasonable efforts to delete such person’s PII from its system. Every user hereby agrees that all information you provide, including but not limited to age, shall be truthful and correct.
II. We may use and disclose information in certain situations: You agree that We may use the information you provide (including that We may share such information with third parties) to: create, customize, maintain, or optimize content on our Site or Service; facilitate use of our Site or Service, including any purchases relating thereto; manage your account and your preferences; analyze use of and improve our Site or Service, products and services related thereto; identify and protect against fraudulent transactions and other misuses of our Site or Service; enforce our Agreeement; protect the rights, property, and safety of Us, our shareholders, members, officers, employees and customers; at our option, to notify you of any changes to this Privacy Policy or our other terms and conditions of this Site or Service (you are bound by the terms of any changes We post to our Site or Service whether or not We notify you by email) and as otherwise required by law. We disclose your information to third parties only as reasonably required for the above purposes or to investigate allegations of fraud, harassment, threats, or abuse, to protect against misuse of the Site or Service or to otherwise protect our rights and safety, and those of our shareholders, members, employees and users/customers (such as to legal representatives and law enforcement) as you expressly permit and as required by law (such as the result of a court subpoena). We may transfer your information in the event of the sale of substantially all of the assets of our business to a third-party, or in the event of a merger, consolidation or acquisition. However, in such event, we will use commercially reasonable efforts to subject the acquirer to the provisions of our commitments to you. We may also share aggregated, non-personal information in any of the above situations and also with others. Other than for these purposes, We will not provide to any outside agency or outside individual email addresses or other private information voluntarily provided by site visitors.
III. Your Options: You have the choice to: not provide personal information, although that may result in your inability to use the Site, Services, or obtain certain services, or use certain features of our Site or Services; stop receiving promotional emails or newsletters from Us by sending an email to the contact address at the bottom of this policy (although We may continue to respond to any emails from you or to use your email for non-promotional communications); delete or decline cookies by changing your browser settings, although if you do so, some of the features or services of our Site or Services may not function properly; and/or review and update your personal information by contacting Us at the email address below or, if you have an online account on our Site or Services, by logging into that account.
IV. Security: It is our intent to protect against the loss, misuse, or alteration of information that we have collected from you, however nothing in this Privacy Policy makes Us or our shareholders, agents, affiliates, subsidiaries, funders, employees, or contractors liable for any security breach or resulting third-party use of your information.
V. Notification of Changes: Any changes in our Privacy Policy will be posted to the Site or Service and will become effective as of the date of posting with respect to information We then collect in the future, but will not be changed with respect to information that We have then already collected. It is and will be your responsibility to review our Privacy Policy from time to time to make sure you are aware of any changes.
VI. Effective Date: The effective date of this policy is February 6, 2013.
VII. Questions: If you have any questions about our Privacy Policy, feel free to contact Us by email or postal mail below: Injunuity 610 Aileen Street Oakland, California 94609 inquiry@injunuity.org
Adrian Baker and its affiliates and sublicensees ("Producer", "We", or "Us") offers an interactive, multimedia website offering Native American perspectives on topics such as language preservation, the environment, and Columbus day (the “Service”) through its website currently located at (https://www.injunuity.org), which exact URL may change from time to time (the "Site "). If applicable, you may be required to set up an account to access the portions of Site or Service. You are responsible for your use of the Site and Service, for any content you post to the Site or Service, and for any consequences thereof. Any content you submit, post, or display (the “Content”) may be able to be viewed by other users of the Site and Service and through third-party services and websites. You should only provide Content that you are comfortable sharing with others under the terms of these Uploading and Posting Guidelines, which are incorporated into, and forms a part of, the terms of use agreement between the parties (the “Agreement”).
You must have all necessary permissions to upload Content.
You must own or have the right to upload or post the Content.
If the Content contains third-party content (such as text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute), you must have secured the third-party rights to use that Content on our Site and Service.
Your Content must not infringe third-party rights including, without limitation, copyrights, trademarks or other intellectual property, rights of publicity or privacy. Your Content must not be defamatory.
You must own or control the rights, licenses, consents, and permissions necessary for distribution and publication in the Content on the Site and Service or have an express agreement with the owner of the Content allowing you to upload the Content - for example, to our Site and Service. Having the right to upload Content is different from having created the Content. For example, you may own a photograph that you created but not have the necessary releases from the persons apprearing in the photograph.
Directors, directors of photograpy, editors, musicians, graphic effects artists, and actors may upload Content to which they have contributed significantly if they have been given the right to do so by all of the owners of the Content.
Your Content must not be intended for advertising purposes.
You may not upload commercials, infomercials, demos, walkthroughs, or any Content that sells or promotes a product or service, or multi-level marketing schemes.
You may not upload Content containing advertisements (e.g., pre-roll ads, post-roll ads, overlay ads, or links), sponsorships, or promotions without Producer's prior written consent.
Your Content must comply with all of our other Content restrictions noted in the Agreement. You may NOT upload or post Content that is (or may be reasonably contrued to be): • Obscene, indecent, sexually explicit, profane, or pornographic; • Hate speech, harassment, threats, or other personal attacks against anyone or any group of persons; • Libel or defamation; • In violation of any law or any third-party rights, including trademark, copyright, and privacy rights; • Exploitative of minors; • Depictive of any unlawful acts or extreme violence; • Depictive of animal cruelty or extreme violence towards animals; • Any personally identifiable information of another individual without such individual’s prior written consent; • Any material, non-public information about a company, without the proper authorization to do so; • Any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer code, file or program that is harmful or invasive or that may or is intended to damage, hijack, disable, interfere with, or disrupt the operation of, or monitor the use of, any hardware, software or equipment; • Commercial prompts or spam, off-topic posts, commercial solicitations, promotion or advertising, including any promotions of fraudulent schemes, multi-level marketing schemes, get-rich-quick schemes, online gaming or any other type of gambling, cash gifting, work-from-home businesses, or any junk mail, chain letters, pyramid schemes, investment opportunities, or any other dubious money-making ventures; or • Indicating or implying that Producer supports a specific viewpoint. Information about ways Site or Service visitors might take action around a particular issue or topic must have appropriate context and labeling. All content must pass a perception test to ensure that visitors to the Site/Service ite do not perceive that the Website's editorial integrity has been compromised by a particular agenda or by association with an outside party. If you have any questions regarding these uploading and posting guidelines, please contact:
inquiry@injunuity.org
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