ENCORE TERMS & CONDITIONS OF USE
Effective May 2, 2008
Encore allows our members to become a vital workforce for social change. Registered users can share their encore stories, connect with others, post news and comments and more.
Encore members can collect, organize and share content. Currently supported content includes:
- Job listings
- Email messages
- Contact list entries
- Other types of content
"Content" includes text, files, images, photos, works of authorship, or any other materials posted by Encore members or visitors. We may support other types of Content in the future.
Encore is a Civic Ventures initiative. Our services include Encore.org and other websites Encore may create (the "Encore web sites"), and any other features, content, or applications we may offer from time to time in connection with the Encore web sites (collectively, the "Encore Services"). The Encore Services are hosted in the U.S.
THESE TERMS ARE A LEGAL AGREEMENT BETWEEN US
These Terms set forth the legally binding terms for your use of the Encore Services. By using the Encore Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the Encore web sites) or you are a "Member" (which means that you have registered with Encore). The term "User" refers to a Visitor or a Member. You are only authorized to use the Encore Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement or any other policies or rules of Encore.
YOU MUST AGREE TO THE TERMS TO USE THE SERVICE
Please read Terms carefully. If you do not agree, you should stop using the Encore Services immediately. You agree to and accept the Terms when you:
- become a Member,
- communicate with other Members through the Services, or
- use the Encore Services.
We may modify the Terms at any time and any modifications shall be effective upon posting. You agree and accept any modifications when you use the Services after posting of such modifications. You should review the Terms from time to time.
Encore reserves the right to reject, refuse to post or remove any posting by you, or to restrict, suspend, or terminate your access to the Encore Services.
Use of and Membership in the Encore Services is void where prohibited. By using the Encore Services, you represent and warrant that:
- all registration information you submit is truthful and accurate;
- you will maintain the accuracy of such information;
- you are 13 years of age or older; and
- your use of the Encore Services does not violate any applicable law or regulation.
The Terms shall remain in full force and effect while you use the Encore Services or are a Member. You may terminate your Membership by following the instructions on the My Account page Encore may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect.
PROTECT YOUR PASSWORD AND ACCOUNT INFORMATION.
When you sign up to become a Member, you will also be asked to choose a password and username. You agree to maintain the confidentiality of your password and not disclose it to others. You agree not to use the account, username, or password of another Member at any time. You agree to notify Encore immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for use of your account.
NON-COMMERCIAL USE BY MEMBERS
The Encore Services are for personal use and may not be used for any commercial purpose by you.
YOU MAY NOT SPAM OR OTHERWISE USE ENCORE SERVICES FOR ANY ILLEGAL PURPOSES
Illegal and/or unauthorized use of the Encore Services, including collecting names, usernames, email addresses and/or phone numbers of Members by electronic or other means for the purpose of sending unsolicited email or any other communications is prohibited.
NO FRAMING OR DEEP-LINKING
Unauthorized framing of or linking to the Encore websites is prohibited.
In addition to termination of Membership, Encore reserves its rights to pursue appropriate legal action for any illegal or unauthorized use of the Encore Services.
PROPRIETARY RIGHTS IN CONTENT ON ENCORE
Content you post and your license to us.
- You keep your rights to your Content. Encore does not claim any ownership rights in the Content that you display or publish ("posting"). After posting, you continue to retain any rights you may have in such Content, and you continue to have the right to use your Content in any way you choose.
- You grant us a license to your Content. By posting any Content on or through the Encore Services, you grant to Encore a non-exclusive, royalty-free, perpetual, world-wide, irrevocable, transferable license with the right to grant sublicenses through multiple tiers of sublicensees (including, without limitation, licensing your Content to our Partners) to publicly display, publicly perform, distribute, store, transcode, syndicate, broadcast, reproduce, edit, modify, create derivative works, and otherwise use and reuse your Content (or any portions or derivative works thereof) solely on and through Encore Services.
- We May Display Ads With Your Content. Encore reserves the right to display advertisements in connection with your Content and to use your Content for advertising and promotional purposes.
- What Your License Means. Without this license, Encore might be unable to provide the Encore Services. For example, without the right to modify Member Content, Encore might not be able to digitally compress and/or resize photos that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly display Member Content, Encore might not be able to share Members' encore stories. The license you grant to Encore is non-exclusive (meaning you are free to license your Content to anyone else in addition to Encore), fully-paid and royalty-free (meaning that Encore is not required to pay you for the use on the Encore Services of the Content that you post), sublicensable (so that Encore is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Encore Services), and worldwide (because the Internet and the Encore Services are global in reach). The license does not grant Encore the right to sell your Content, nor does the license grant Encore the right to distribute your Content outside of the Encore Services.
- Termination of Your License to Us. This license will terminate at the time you remove your Content from the Encore Services. Encore may put in place certain safeguards to help ensure that any deletion of your Content happens in an authorized manner.
- Your Promises to Us. You represent and warrant that:
- you own the Content posted by you on or through the Encore Services or otherwise have the right to grant the license set forth in this section, and
- the posting of your Content on or through the Encore Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
You agree to pay any or all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the Encore Services.
OUR LICENSE TO YOU
- Encore Content. The Encore Services contain Content of Encore ("Encore Content") or its licensors. Encore Content is protected by copyright, trademark, patent, trade secret and other laws, and Encore or its licensors owns and retains all rights in the Encore Content and the Encore Services.
- License to You. Encore hereby grants you a limited, revocable, non-sublicensable license to reproduce and display the Encore Content (excluding any software code) solely for your personal use in connection with viewing the Encore web sites and using the Encore Services.
- The Encore Services Contain Content of Users and Other Encore Licensors. Except for your Content , you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Encore Services except that you may view such content in connection with accessing the Encore Services to the extent authorized by us or other Members.
RULES FOR CONTENT AND ACTIVITIES
- Offensive Content May Be Deleted and Membership Terminated and Other Actions May Be Taken Including Law Enforcement Referrals. Encore may delete any Content that in the sole judgment of Encore violates this Agreement or which may be offensive, illegal, harm, threaten or violate the rights or the safety of any person. Encore reserves the right to investigate and take appropriate legal action against anyone who, in Encore's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities. A more extensive list of prohibited Content and Activities appears below.
- Encore Isn't Responsible for Content. Encore assumes no responsibility for monitoring the Encore Services for inappropriate Content or conduct. If at any time Encore chooses, in its sole discretion, to monitor the Encore Services, Encore nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Content is not necessarily reviewed by Encore prior to posting and does not necessarily reflect the opinions or policies of Encore. Encore makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
- You Are Responsible For Content You Post. You are solely responsible for the Content that you post on or through any of the Encore Services, and any material or information that you transmit to other Members and for your interactions with other Users. Encore does not endorse and has no control over the Content.
- Prohibited Content. The following is a partial list of the kind of Content Encore Services prohibits. Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Encore:
- is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- provides telephone numbers, street addresses, last names, or email addresses of individuals without their expressed permission;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- Prohibited Activities. The following is a partial list of the kind of activity that is illegal or prohibited on the Encore web sites and through your use of the Encore Services. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the Encore Services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the Encore Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent;
- covering or obscuring the banner advertisements on any Encore page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to add friends or send comments or messages;
- interfering with, disrupting, or creating an undue burden on the Encore Services or the networks or services connected to the Encore Services;
- attempting to impersonate another Member or person;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your Encore membership;
- using any information obtained from the Encore Services in order to harass, abuse, or harm another person;
- displaying an advertisement in your Content, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Encore Services on behalf of that person, such as sharing commercial content, posting blogs with a commercial purpose, selecting a username with a commercial purpose; or
- using the Encore Services in a manner inconsistent with any and all applicable laws and regulations.
COPYRIGHT POLICY-RESPECT OTHERS' RIGHTS
You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of Encore to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others upon receipt of proper notification to Encore by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Encore Services in a way that constitutes copyright infringement, please provide us with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Encore Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Send notice of claims of copyright infringement to Encore at email@example.com or P.O. Box 29542, The Presidio of San Francisco, San Francisco, CA 94129.
You are solely responsible for your interactions with other Encore Members. Encore reserves the right, but has no obligation, to monitor disputes between you and other Members.
- Accuracy of Content. Encore is not responsible for any incorrect or inaccurate Content posted on the Encore web sites or in connection with the Encore Services, whether caused by Users of the Encore Services or by any of the equipment or programming associated with or utilized in the Encore Services.
- Links. Content created and posted by Members on the Encore web sites may contain links to other websites. Encore is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Encore. Inclusion of any linked website on the Encore Services does not imply approval or endorsement of the linked website by Encore. When you access these third-party sites, you do so at your own risk.
- Advertising. Encore takes no responsibility for third party advertisements which are posted on the Encore web sites or through the Encore Services, nor does it take any responsibility for the goods or services provided by its advertisers.
- Users. Encore is not responsible for the conduct, whether online or offline, of any User of the Encore Services. Encore assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication.
- Technical Issues and Injuries. Encore is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Encore Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Encore Services. Under no circumstances shall Encore be responsible for any loss or damage, including personal injury or death, resulting from use of the Encore Services, attendance at a Encore event, from any Content posted on or through the Encore Services, or from the conduct of any Users of the Encore Services, whether online or offline.
- Services Provided As-Is. The Encore Services are provided "AS-IS" and as available and Encore expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
- No Fitness for Particular Purposes. Encore cannot guarantee and does not promise any specific results from use of the Encore Services.
LIMITATION ON LIABILITY
IN NO EVENT SHALL ENCORE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ENCORE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ENCORE'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ENCORE FOR THE ENCORE SERVICES DURING THE TERM OF MEMBERSHIP. SOME STATES DO NOT ALLOW THE FOREGOING LIMITATIONS OF LIABILITY, SO THEY MAY NOT APPLY TO YOU.
DISPUTES, GOVERNING LAW AND FORUM SELECTION
If there is any dispute about or involving the Encore Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either Encore or you may demand that any dispute between Encore and you about or involving the Encore Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in San Francisco, California, USA, provided that the foregoing shall not prevent Encore from seeking injunctive relief in a court of competent jurisdiction.
You agree to indemnify and hold Encore, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party arising out of or relating to your use of the Encore Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Encore web sites or through the Encore Services causes Encore to be liable to another.
You may not export or re-export any software accompanying the Encore Services without (a) the prior written consent of Encore; and (b) complying with applicable export control laws and obtaining any necessary permits and licenses.
This Agreement is accepted upon your use of the Encore web sites or any of the Encore Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Encore regarding the use of the Encore Services. The failure of Encore to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. You consent to receiving electronic communications from Encore. These communications may include notices about your account and information concerning or related to the Services. You agree that any notice, agreements, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Encore is a trademark of Civic Ventures, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us at: firstname.lastname@example.org with any questions regarding this Agreement.
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.