Terms of Service
Simply put:
All websites maintained by
TeamHuman.org, such as
hub.TeamHuman.org,
are provided as a no-cost service and you are encouraged to
participate and express yourself freely. TeamHuman.org
websites are designed to give you as much control and ownership as possible over
the content you post. However, be responsible in what you
post. In particular, make sure that none of the prohibited items
listed below appear in your content or get linked to from your
content (things like spam, viruses, obscene content, or
hate content).
These terms of service are based on a work at
WordPress.com.
TeamHuman.org's terms of service and all content created by TeamHuman.org
at this website is licensed under a
Creative Commons Attribution-Noncommercial-Share Alike 3.0 United States License.
Terms of Service:
Last revised: 19 April 2009
The following terms and conditions govern all use of the
TeamHuman.org hub website (the "Website"), which is owned and operated by
TeamHuman.org. It covers all content available at or through
this website, and other websites owned and operated by TeamHuman.org (such as
TeamLaLanne.org).
The Website is offered subject to your acceptance without modification of
all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation,
TeamHuman.org's Privacy Policy) and procedures
that may be published and revised from time to time on this Website by
TeamHuman.org at its sole discretion.
Please read this Agreement carefully before accessing or using the
Website. By accessing or using any part of the web site, you agree to
become bound by the terms and conditions of this agreement. If you do
not agree to all the terms and conditions of this agreement, then you
may not access the Website or use any services. If these terms and
conditions are considered an offer by TeamHuman.org, acceptance is
expressly limited to these terms. The Website is available only to
individuals who are at least 13 years old.
- Your Account. If you create an account on the
Website, you are responsible for maintaining the security of your
account, and you are fully responsible for all activities that
occur under the account and any other actions taken in connection
with the account. You must immediately notify TeamHuman.org of any
unauthorized uses of your Content, your account or any other breaches
of security. TeamHuman.org will not be liable for any acts or
omissions by You, including any damages of any kind, actual,
punitive, or consequential or any other damages of any kind
whatsoever incurred as a result of such acts or omissions, or any
matters related thereto.
- Responsibility of Contributors. If you
upload, publish, or display (hereinafter, "post")
material to the Website or otherwise make (or allow any third
party to make) material available by means of the Website (any
such material, "Content"), You are entirely responsible for the
content of, and any harm resulting from, that Content. That is the
case regardless of whether the Content in question constitutes
text, graphics, audio files, video files, computer software,
messages, or other content that you post. By making
Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not
infringe the proprietary rights, including but not limited to the
copyright, patent, trademark or trade secret rights, of any third
party;
- if your employer has rights to intellectual property you
create, you have either (i) received permission from your employer
to post or make available the Content, including but not limited
to any software, or (ii) secured from your employer a waiver as to
all rights in or to the Content;
- you have fully complied with any third-party licenses relating
to the Content, and have done all things necessary to successfully
pass through to end users any required terms;
- the Content does not contain or install any viruses, worms,
malware, Trojan horses or other harmful or destructive
computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer software or hardware or
telecommunications equipment;
- the Content is not spam, is not machine- or
randomly-generated, and does not contain unethical, unsolicited,
unwanted, or unauthorized advertising, promotional materials, or
other commercial content designed to drive traffic to third party sites
or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as
to the source of the material (such as spoofing) or engage in any
other form of solicitation;
- the Content is not obscene, libelous, or defamatory
(more information
on what that means), hateful or racially or ethnically
objectionable, is not harmful or unlawful and does not violate the
privacy or publicity rights of any third party;
- your profile is not named in a manner that misleads your
readers into thinking that you are another person or company;
- you shall not register more than one user account or use or
attempt to use another user's account without authorization;
- you shall not post or share any personally identifiable or
private information of any third party or solicit passwords or
personal information from any third party;
- you shall not stalk or harass other registered users of the
Website;
and
- you have, in the case of Content that includes computer code,
accurately categorized and/or described the type, nature, uses and
effects of the materials, whether requested to do so by
TeamHuman.org or otherwise.
By submitting Content to the TeamHuman.org hub for inclusion on
the Website, you automatically grant, and you represent and
warrant that you have the right to grant, to TeamHuman.org a
world-wide, royalty-free, non-exclusive, irrevocable, perpetual,
transferable license to use, reproduce, modify, adapt, publicly
perform, publicly display, reformat, translate, excerpt (in whole
or in part) the Content solely for the purpose of displaying,
distributing and promoting your Content. You also authorize
TeamHuman.org to make copies of your Content as we deem necessary
in order to facilitate the posting, storage, and archiving of your
Content on the Website. If you delete Content, TeamHuman.org will
use reasonable efforts to remove it from the Website, but you
acknowledge that caching or references to the Content may not be
made immediately unavailable.
Without limiting any of those representations or warranties,
TeamHuman.org has the right (though not the obligation) to, in
TeamHuman.org's sole discretion (i) refuse or remove any content
that, in TeamHuman.org's reasonable opinion, violates any
TeamHuman.org policy or is in any way harmful or objectionable, or
(ii) terminate or deny access to and use of the Website to any
individual or entity for any reason, in TeamHuman.org's sole
discretion.
In addition to the above responsibility for all damages due to
any acts or omissions by you, you will fully reimburse
TeamHuman.org for all expenses and fees resulting from such acts
or omissions by you, including but not limited to accountants' and
attorneys' fees and all court costs and any other expenses needed
to redress any damages.
- Responsibility of Website Visitors.
TeamHuman.org has not reviewed, and cannot review, all of the
material, including computer software, posted to the Website, and
cannot therefore be responsible for that material's content, use
or effects. By operating the Website, TeamHuman.org does not
represent or imply that it endorses the material there posted, or
that it believes such material to be accurate, useful or
non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from
viruses, worms, Trojan horses, and other harmful or destructive
content. The Website may contain content that is offensive,
indecent, or otherwise objectionable, as well as content
containing technical inaccuracies, typographical mistakes, and
other errors. The Website may also contain material that violates
the privacy or publicity rights, or infringes the intellectual
property and other proprietary rights, of third parties, or the
downloading, copying or use of which is subject to additional
terms and conditions, stated or unstated. TeamHuman.org disclaims
any responsibility for any harm resulting from the use by visitors
of the Website, or from any downloading by those visitors of
content there posted.
- Content Posted on Other Websites. We have not
reviewed, and cannot review, all of the material, including
computer software, made available through the websites and
webpages to which the Website links, and that link to the
Website. TeamHuman.org does not have any control over those
non-TeamHuman.org websites and webpages, and is not responsible
for their contents or their use. By linking to a non-TeamHuman.org
website or webpage, TeamHuman.org does not represent or imply that
it endorses such website or webpage. You are responsible for
taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other
harmful or destructive content. TeamHuman.org disclaims any
responsibility for any harm resulting from your use of
non-TeamHuman.org websites and webpages.
- Copyright Infringement and DMCA Policy. As
TeamHuman.org asks others to respect its intellectual property
rights, it respects the intellectual property rights of others. If
you believe that material located on or linked to by TeamHuman.org
violates your copyright, you are encouraged to notify
TeamHuman.org in accordance with TeamHuman.org's Digital Millennium Copyright
Act (”DMCA”) Policy. TeamHuman.org will respond to
all such notices, including as required or appropriate by removing
the infringing material or disabling all links to the infringing
material. In the case of a visitor who may infringe or repeatedly
infringes the copyrights or other intellectual property rights of
TeamHuman.org or others, TeamHuman.org may, in its discretion,
terminate or deny access to and use of the Website.
- Intellectual Property. This Agreement does
not transfer from TeamHuman.org to you any TeamHuman.org or third
party intellectual property, and all right, title and interest in
and to such property will remain (as between the parties) solely
with TeamHuman.org. TeamHuman.org, the TeamHuman.org logo, and
all other trademarks, service marks, graphics and logos
used in connection with the Website are trademarks or registered
trademarks of TeamHuman.org or TeamHuman.org's licensors. Other
trademarks, service marks, graphics and logos used in connection
with the Website may be the trademarks of other third
parties. Your use of the Website grants you no right or license to
reproduce or otherwise use any TeamHuman.org or third-party
trademarks.
- Changes. TeamHuman.org reserves the right, at
its sole discretion, to modify or replace any part of this
Agreement. It is your responsibility to check this Agreement
periodically for changes. The date of the last revision will be
indicated at the top of this terms of service page. Your continued use
of or access to the
Website following the posting of any changes to this Agreement
constitutes acceptance of those changes. TeamHuman.org may also,
in the future, offer new services and/or features through the
Website (including, the release of new tools and resources). Such
new features and/or services shall be subject to the terms and
conditions of this Agreement.
- Termination. TeamHuman.org may terminate your
access to all or any part of the Website at any time, with or
without cause, with or without notice, effective immediately. If
you wish to terminate this Agreement or your user account with the
Website (if you have one), you may simply discontinue using the Website. All
provisions of this Agreement which by their nature should survive
termination shall survive termination, including, without
limitation, ownership provisions, warranty disclaimers, indemnity
and limitations of liability.
- Disclaimer of Warranties. The Website is
provided “as is”. TeamHuman.org and its suppliers and
licensors hereby disclaim all warranties of any kind, express or
implied, including, without limitation, the warranties of
merchantability, fitness for a particular purpose and
non-infringement. Neither TeamHuman.org nor its suppliers and
licensors, makes any warranty that the Website will be error free
or that access thereto will be continuous or uninterrupted. You
understand that you download from, or otherwise obtain content or
services through, the Website at your own discretion and
risk.
- Limitation of Liability. In
no event will TeamHuman.org, or its suppliers or licensors, be
liable with respect to any subject matter of this agreement under
any contract, negligence, strict liability or other legal or
equitable theory for: (i) any special, incidental or consequential
damages; (ii) the cost of procurement or substitute products or
services; (iii) for interuption of use or loss or corruption of
data; or (iv) for any amounts that exceed the fees paid by you to
TeamHuman.org under this agreement during the twelve (12) month
period prior to the cause of action. TeamHuman.org shall have no
liability for any failure or delay due to matters beyond their
reasonable control. The foregoing shall not apply to the extent
prohibited by applicable law.
- General Representation and Warranty. You
represent and warrant that (i) your use of the Website will be in
strict accordance with the TeamHuman.org Privacy Policy, with this
Agreement and with all applicable laws and regulations (including
without limitation any local laws or regulations in your country,
state, city, or other governmental area, regarding online conduct
and acceptable content, and including all applicable laws
regarding the transmission of technical data exported from the
United States or the country in which you reside) and (ii) your
use of the Website will not infringe or misappropriate the
intellectual property rights of any third party.
- Indemnification. You agree to indemnify and
hold harmless TeamHuman.org, its contractors, and its licensors,
and their respective directors, officers, employees and agents
from and against any and all claims and expenses, including
attorneys fees, arising out of your use of the Website, including
but not limited to out of your violation this Agreement.
- Miscellaneous. This Agreement constitutes the
entire agreement between TeamHuman.org and you concerning the subject
matter hereof, and may only be modified by a written
amendment signed by an authorized executive of TeamHuman.org, or by
the posting by TeamHuman.org of a revised version. Except to the
extent applicable law, if any, provides otherwise, this Agreement,
any access to or use of the Website will be governed by the laws
of the state of California, U.S.A., excluding its conflict of law
provisions, and the proper venue for any disputes arising out of
or relating to any of the same will be the state and federal
courts located in San Francisco County, California. Except for
claims for injunctive or equitable relief or claims regarding
intellectual property rights (which may be brought in any
competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in
accordance with the Comprehensive Arbitration Rules of the
Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three
arbitrators appointed in accordance with such Rules. The
arbitration shall take place in San Francisco, California, in the
English language and the arbitral decision may be enforced in any
court. The prevailing party in any action or proceeding to enforce
this Agreement shall be entitled to costs and attorneys' fees. If
any part of this Agreement is held invalid or unenforceable, that
part will be construed to reflect the parties' original intent,
and the remaining portions will remain in full force and effect. A
waiver by either party of any term or condition of this Agreement
or any breach thereof, in any one instance, will not waive such
term or condition or any subsequent breach thereof. You may assign
your rights under this Agreement to any party that consents to,
and agrees to be bound by, its terms and conditions; TeamHuman.org
may assign its rights under this Agreement without condition. This
Agreement will be binding upon and will inure to the benefit of
the parties, their successors and permitted assigns.