DrugSense/Media Awareness Project Inc. Terms of Use
DrugSense/Media Awareness Project Inc. Terms of Use
Effective
as of July 28, 2010
The following describes the terms
under which Media Awareness Project Inc. (“MAP,” “we,”
“our,” or “us”) provides the
http://www.mapinc.org/, http://www.drugpolicycentral.com/ and
http://www.drugsense.org/ websites (the “MAP Service” or the “Service”)
to visitors to those websites.
1 INTRODUCTION
Your
use of this Service is expressly conditioned upon your acceptance of
MAP’s Terms of Use and the following terms, conditions, and
policies, including any future amendments (collectively, the
“Agreement”):
Privacy
Policy – http://www.drugsense.org/privacy
Copyright
Policy – http://www.drugsense.org/copyright
Changes and Modifications.
MAP reserves the right, at its sole discretion, to change, modify,
add, or remove portions of this Agreement at any time. Such changes
will become effective thirty (30) days after they have been posted to
this site or MAP has otherwise notified you of the change. Though MAP
may attempt to notify you when major changes are made to this
Agreement, you should periodically review the most recent version of
this Agreement, which is always available from prominent links within
the Service. Your continued use of the Service following the posting
of changes will mean that you accept and agree to the changes. As
long as you comply with this Agreement, MAP grants you a limited,
revocable, non-exclusive, non-assignable, non-sublicenseable right to
access and use the Service as it is intended to be used and in
accordance with this Agreement and applicable law. We grant you no
other rights, implied or otherwise.
Links
To Other Sites. The
Service may contain links to other affiliated or independent
third-party websites (“Linked Sites”). These Linked Sites
are provided solely as a convenience to our users. Such Linked Sites
are not under MAP’s control, and MAP is not responsible for –
and does not necessarily endorse the content or practices of –
such Linked Sites, including any information or materials contained
on such Linked Sites. You will need to make your own independent
judgment regarding your interaction with these Linked Sites.
2 DESCRIPTION
OF SERVICE
General Description.
The MAP Service has been designed to allow users to access and
disseminate information regarding drug policy and law and to attempt
to help organize citizens to bring about needed reforms.
Adults
Only. MAP’s
Service is intended for adults only. You must be eighteen (18) years
of age or older to use the Service. In accordance with Federal
Children's Online Privacy Protection Act of 1998 (“COPPA”),
MAP will never knowingly solicit, nor will it accept, personally
identifiable information from users known to be under thirteen (13)
years of age. Please see our privacy policy, located at
http://www.drugsense.org/privacy
for additional information or for information regarding how to notify
us of any concerns you may have in this regard.
3 CONDITIONS
OF USE
As
a condition of use, you agree to the following:
The Service allows visitors to
share content – to upload, transmit, publish, and disseminate
text and other content (“User Content”) with other users
of the Service.
You
are solely responsible for any User Content that you publish or
disseminated using the Service.
You
will not use the Service to harass, threaten, impersonate, or
intimidate anyone.
You
will not upload, post, email, transmit or otherwise make available
any User Content under a fictional or non-identifiable name and/or
email address.
You will not upload, post, email,
transmit, or otherwise make available any content that is unlawful,
harmful, threatening, abusive, harassing, tortious, defamatory,
obscene, libelous, invasive of another's privacy, or that in MAP's
sole judgment is otherwise objectionable.
You
will not upload, post, email, transmit, or otherwise make available
any content that is in violation of copyright law, trademark law, or
any other law protecting intellectual property in any jurisdiction,
or that violates an individual’s right to publicity or
privacy.
You will not upload, post, email,
transmit or otherwise make available any unsolicited or unauthorized
advertising, promotional materials, "junk mail," "spam,"
"chain letters," "pyramid schemes," "affiliate
links," or any other form of solicitation.
You
will not use or distribute the comments or email addresses of other
Users for any purpose other than to discuss relevant issues
pertaining to approved topics.
You
will not transmit any worms or viruses or any code of a destructive
nature.
You
will not copy, modify, create a derivative work of, reverse
engineer, decompile or otherwise attempt to extract the source code
of the Service or any part thereof.
You
will not violate any local laws in your jurisdiction (including but
not limited to intellectual property laws).
To
the extent that User Content you upload to the Service may be the
subject of a copyright owned by a third party, you will not upload
such content to the Service unless you believe that such use
constitutes a protected fair use of such third-party content.
It
is MAP’s policy to disable access to users who repeatedly
violate the copyrights of third parties. Users to whom access has
been disabled may not continue to access the Service through an
alternate email account or through other such “alternative
credentials.”
You
will not use the Service for any illegal or unauthorized purpose. If
you are an international user, you agree to comply with all local
laws regarding online conduct and acceptable content.
4 YOUR
CONTENT
When you upload or otherwise
provide User Content to or through the Service, you retain ownership
of any copyright (and any other rights) you already hold in your User
Content. You also represent and warrant, with respect to all User
Content that you upload, transmit, publish, and disseminate through
the Service, that (a) you have all the rights and licenses necessary
to use, reproduce, publish, display publicly, perform publicly,
distribute or otherwise exploit such User Content in connection with
the Service, and to grant to MAP the licenses set forth in this
Agreement; and (b) the User Content will not infringe or otherwise
violate the copyright, trademark, or any other right of any third
party. When you upload or otherwise provide User Content to or
through the Service which is subject to copyright held by third
parties, you also represent and warrant that the use you seek to make
through the Service constitutes a protected fair use of that
third-party content.
By submitting User Content as set
forth above, you hereby do and shall grant to MAP and its successors,
assigns, and third party service providers, a worldwide,
non-exclusive, perpetual, irrevocable, royalty-free, fully paid,
sublicensable, and transferable license to use, reproduce, modify,
create derivative works based on, distribute, publicly display, and
publicly perform, the User Content in any medium and by any means
currently existing or yet to be devised. You also hereby do and shall
grant to each user of the Service a worldwide, non-exclusive license
to access, view, link to, and share your User Content solely
as permitted by and through the Service and in accordance with these
Terms of Use.
MAP makes User Content available
at its sole discretion and may disable access to any User Content at
any time and for any reason. By using the Service, you acknowledge
and agree that MAP does not guarantee access to and/or hosting of
User Content that is published or disseminated through the Service.
For example, if User Content violates these Terms of Use, access to
it may be disabled. Also, if a particular piece of User Content
creates too large a demand on the Service, it may result in access to
the content being temporarily or permanently disabled.
5 COPYRIGHT
POLICY
If
you believe that MAP, or any user of to the Service, has violated a
copyright you claim in your work, please contact us pursuant to the
Digital Millennium Copyright Act (“DMCA”) at
and review our copyright policy, available at
http://www.drugsense.org/copyright,
for more details on how to properly notify us of a DMCA issue.
6 MAP’S INTELLECTUAL
PROPERTY
All text, graphics, user
interfaces, visual interfaces, photographs, trademarks, logos,
sounds, music, artwork, content, and computer code (collectively,
“MAP Content”), including but not limited to the design,
structure, selection, coordination, expression, “look and
feel,” and arrangement of such MAP Content, contained in the
Service is owned, controlled, or licensed by or to MAP, and is
protected by trade dress, copyright, patent, and/or trademark laws,
and various other intellectual property and other rights. Your User
Content (as defined above) is owned by you, and is not
MAP Content.
On
occasion, MAP will also make certain code, images, and
documents available explicitly for re-use by members of our
community. For example, the War
on Drugs Clock
available at http://www.drugsense.org/html/modules.php?name=Wodclock.
To any MAP Content made available in this way is, MAP grants to each
user of the Service a worldwide, non-exclusive license to use, view,
link to, and share such MAP content for any non-commercial purpose.
Except
as expressly provided in this Agreement or otherwise permitted by
law, no MAP Content may be used, copied, reproduced, modified,
republished, uploaded, posted, publicly displayed, publicly
performed, publicly performed by means of a digital audio
transmission, encoded, translated, transmitted, or distributed in any
way to any other computer, server, website, or any other medium for
publication or distribution or for any commercial enterprise or
purpose, without MAP’s express prior written consent.
7 VIOLATION OF THIS AGREEMENT -
TERMINATION
You
agree that MAP may, in its sole discretion and without prior notice,
terminate your access to the Service and/or block your future access
to the Service if it determines that you have violated this Agreement
or other agreements or guidelines which may be associated with your
use of the Service. For example, it is the policy of MAP to terminate
access to users who repeatedly violate the copyrights of third
parties.
If
MAP does take any legal action against you as a result of your
violation of this Agreement, MAP will be entitled to recover from
you, and you agree to pay, all reasonable attorneys’ fees and
costs of such action, in addition to any other relief granted to MAP.
You agree that MAP will not be liable to you or to any third party
for termination of your access to the Service.
Any
rights or licenses you grant to MAP, or its users, during the term of
this Agreement – including, but not limited to, the license
granted in connection with your publication of User Content –
shall survive termination of this Agreement.
8 DISCLAIMER
OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN “AS IS” AND “AS AVAILABLE”
BASIS. MAP AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND
LICENSORS (THE “MAP AFFILIATES”) EXPRESSLY DISCLAIM ALL
REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE OR ANY WARRANTY OR
CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF
PERFORMANCE. MAP AND THE MAP AFFILIATES MAKE NO WARRANTY THAT (a) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (b) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) USER CONTENT WILL
BE HOSTED AND/OR TRANSMITTED WITHOUT INTERRUPTION OR CESSATION; (d)
ANY PRODUCTS, SITES, INFORMATION OR OTHER MATERIAL, WHETHER IN
TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE
SERVICE WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND
(e) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR
RELATED SOFTWARE WILL BE CORRECTED.
ANY
MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR
OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULT FROM THE
DOWNLOADING, VIEWING, SHARING, OR OTHERWISE ACCESSING OF SUCH
MATERIAL. NO ADVICE, REPRESENTATION OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY YOU FROM MAP OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL
CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING USER CONTENT,
IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS PUBLICATION.
NO SUCH CONTENT, INCLUDING USER CONTENT, AND NO STATEMENT MADE BY,
ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO MAP OR THE MAP
AFFILIATES.
9 LIMITATION
OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT MAP AND THE MAP AFFILIATES WILL
NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY
YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES,
BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL OR BUSINESS
REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES
ANY LOSS OR DAMAGES THAT MAY BE INCURRED BY YOU AS A RESULT OF (a)
ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE, (b) ANY CHANGES THAT
MAP MAY MAKE TO THE SERVICE; (c) ANY PERMANENT OR TEMPORARY CESSATION
OF THE SERVICE; OR (d) THE DELETION OR CORRUPTION OF OR FAILURE TO
STORE ANY USER CONTENT MAINTAINED THROUGH THE SERVICE. THE
LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY
IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT
(INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT
LIABILITY, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF WE
(OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
YOU
SPECIFICALLY ACKNOWLEDGE THAT MAP AND THE MAP AFFILIATES SHALL NOT BE
LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM
THE FOREGOING RESTS ENTIRELY WITH YOU.
10 EXCLUSIONS
AND LIMITATIONS
SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR
CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN
DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR
JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE LIABILITY
OF MAP AND THE MAP AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
11 INDEMNIFICATION
You will indemnify and hold MAP
and/or the MAP Affiliates harmless from and against any and all
liabilities and costs (including reasonable attorneys’ fees)
incurred by MAP and/or the MAP Affiliates in connection with any User
Content which you publish or disseminate using the Service or any
claim arising out of your breach of the Agreement. MAP reserves the
right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you.
12 GENERAL
TERMS
Entire
Agreement. This
Agreement is the whole legal agreement between you and MAP. It
governs your use of the Service and completely replaces any prior
agreements between you and MAP with respect to the Service. You may
also be subject to additional terms and conditions that may apply
when you use or purchase other services from MAP and/or its
affiliated services.
Governing Law.
You agree that all matters relating to your access to or use of the
Service, including all disputes, will be governed by the laws of the
United States and by the laws of the State of California without
regard to its conflicts of laws provisions. You agree to the personal
jurisdiction by and venue in the State and Federal courts in San
Francisco County, California, and waive any objection to such
jurisdiction or venue.
Dispute
Resolution. In the
event of any controversy or dispute between MAP and you arising out
of or in connection with your use of the Service, MAP will attempt,
promptly and in good faith, to resolve the dispute. If MAP is unable
to resolve any such dispute within a reasonable time, each party to
this Agreement agrees that any dispute or controversy arising between
any of the parties to this Agreement, or any person or entity in
privity therewith, out of the transactions effected and relationships
created pursuant to this Agreement and each other agreement created
in connection herewith, including any dispute or controversy
regarding the formation, terms, or construction of this Agreement,
regardless of kind or character, must be resolved through
arbitration, which may be initiated by any party to this Agreement.
In any such proceeding, MAP, in its sole discretion, shall choose the
arbitrator or arbitration panel. Each party to this Agreement agrees
to submit such dispute or controversy to arbitration before the
American Arbitration Association in San Francisco County, California.
Judgment on any arbitration award may be entered or appealed in any
court of competent jurisdiction. Any party to this Agreement may
bring an action, including a summary or expedited proceeding, to
compel arbitration of any such dispute or controversy in a court of
competent jurisdiction and, further, may seek provisional or
ancillary remedies, including temporary or injunctive relief in
connection with such dispute or controversy in a court of competent
jurisdiction, provided that the dispute or controversy is ultimately
resolved through binding arbitration conducted in accordance with the
terms and conditions of this Agreement. In any proceeding under this
section of the Agreement, the non-prevailing party shall bear all
costs, including reasonable attorneys’ fees.
Statute
Of Limitations. You
agree that, regardless of any statute or law to the contrary, any
claim you may have under this Agreement must be brought within one
(1) year after the cause of action arises, or such claim or cause of
action is forever barred. MAP may bring claims to enforce this
Agreement at any time.
Severability
of Terms; Non-waiver of Terms; Assignment.
If any portion of the Agreement is held to be invalid or
unenforceable, such provision shall be stricken and the remainder of
the Agreement enforced as written. If MAP does not exercise or
enforce any legal right or remedy including those contained in the
Agreement or arising under applicable law, this will not be taken to
be a formal waiver or relinquishment of our rights. MAP may assign or
delegate all rights and obligations under the Agreement, fully or
partially.
Notices.
MAP may provide you with notices, including those regarding changes
to the Agreement, by email or by postings to the Service. MAP’s
mailing address is: Media Awareness Project Inc., 14252 Culver Drive
#328, Irvine, CA, 92604-0326. If you have general questions or
concerns regarding these Terms of Use, please contact us in writing
at or at our mailing
address.
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