Last revised June 11, 2015.
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Subject to your compliance with these Terms, myActions, LLC grants you the right to access and use the Site only for the purposes of sharing information for non-commercial purposes. While using the Site, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of any information contained on the site, including information posted by you (“Your Materials”) is your sole responsibility. All content of the Site, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials, associated technology and software, and the look and feel of the Site (collectively "Content"), are the proprietary property of myActions, LLC or its licensors. Any rights to Content not expressly granted to you herein are reserved by myActions, LLC. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring to you any license to intellectual property rights, whether by estoppel, implication or otherwise. You agree not to reproduce, modify, copy, frame, reproduce, display, transmit, distribute, publish, sell, or otherwise commercially exploit the Site and/or Content in any form or by any means, in whole or in part, without express written permission from myActions, LLC, and any such use is strictly prohibited, except in regards to your Materials posted on the Site in accordance with the Terms or as expressly allowed in these Terms. Unless you have received specific written permission from myActions, LLC, you may not (a) frame or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, Content or Materials displayed on the Site or (b) alter or modify any Content on the Site. The Site may allow you to upload, post, and/or distribute Content, use the Site, view, copy or download Content for your personal, non-commercial use, subject to the following conditions:
2. You understand that by using the Site you may be exposed to Content that is offensive, objectionable or indecent. myActions, LLC may, but is not obligated to, preview or review any Materials and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable from the Site. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials.
3. You represent and warrant that your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
4. Unless expressly allowed in the Terms or if you receive prior written consent from myActions, LLC, you shall not upload to, distribute through, or otherwise publish through the Site any Materials that are commercial in nature or that contain any solicitation of funds (except by or on behalf of nonprofits), nor any promotion, advertising or solicitation for goods or services without myActions, LLC’s express written consent.
5. By posting, uploading or otherwise distributing your Materials on the Site, you explicitly consent that other users of the Site may access, display, view, store, and/or download such Materials, and post or forward such Materials to others who may or may not be registered Users of the Site. You hereby grant (and represent and warrant that you have all necessary rights to grant) to myActions, LLC a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to your rights in the Materials (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such Materials and incorporate such Materials into other works in any form, media or technology. By providing Materials to the Site, you hereby permit myActions, LLC to identify you as the provider of such Materials in any form, media and technology. You may revoke this license in regard to the right to display your Materials by removing your Materials from the Site. If you provide your email address at the Site, we may use your email address to contact you and notify you of any Site news. You can choose which types of email you receive from us by changing your account settings at the Site. Generally, you cannot opt-out of receiving certain communications such as service-related announcements and administrative messages, except by terminating your account.
6. You agree that myActions, LLC has no liability or responsibility for the storage or deletion of any Materials that you submit or post or emails you send through the Site. myActions, LLC reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
7. You also agree not to (or attempt to):
a) stalk or otherwise harass anyone via the Site or anyone individual you have met on the Site;
b) upload, distribute, or otherwise publish any Materials to or through the Site that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
c) post, upload, or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement.
d) post, upload or otherwise distribute any private, personally identifiable, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission;
e) collect personal data about other users for commercial or unlawful purposes;
f) use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Site, unless expressly permitted by myActions, LLC;
g) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h) upload, post or distribute any Materials which, in myActions, LLC's sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law;
i) attempt to gain unauthorized access to myActions, LLC’s computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site;
j) create multiple user accounts by automated means or under false or fraudulent pretenses;
k) remove or obscure any copyright or other proprietary notices from the Content;
l) republish Content on any Internet, Intranet or Extranet Site or incorporate the Content in any other database or compilation (except for your Materials);
m) sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Content, which is protected by trademarks, copyrights, trade dress or other intellectual property rights; or
n) access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Site.
o) post a photo that includes corporate branding (including name, logo, and other visual representations of the company).
p) include a corporate name in a title
The Content is gathered from a variety of sources and is intended solely as general information. Inclusion of any Content on the Site does not constitute or indicate myActions, LLC’s endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. Through the Site (including email messages sent by myActions, LLC), you may receive access to third party individuals or entities. Your choice to contact or deal with any of these individuals or entities is your sole responsibility and myActions, LLC is not involved in any transactions or dealings you have with any third parties.
The intellectual property rights, including but not limited to patent, copyright, trademark, service mark, trade name, trade dress, derivative works, moral rights, trade secrets, and proprietary information and technology, associated with the Content and/or the Site itself are owned or licensed by myActions, LLC. Except as expressly provided herein, neither myActions, LLC nor its licensors confers upon you by implication, estoppel, or otherwise, any license or right under any such intellectual property. No intellectual property ownership rights are or will be assigned to you. You agree not to infringe or challenge any of the intellectual property rights associated with Content and/or Site.
myActions, LLC reserves the right to block, disable, or otherwise remove any Materials from Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement or for any other reason.
If you believe that any Content or Materials on the Site infringe your copyrights, contact myActions, LLC’s copyright agent, who can be reached by mail at: [Copyright Department], myActions, LLC., 663 Lookout Road, PO Box 11819 ,Zephyr Cove, NV 89448 United States; or email at [email protected].
To meet the notice requirements under the Digital Millennium Copyright Act, the notification must be a written communication that includes the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the signing have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the signing party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringe
You agree to indemnify, defend, and hold harmless myActions, LLC and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, "Affiliates") from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Site; interaction with myActions, LLC, companies or organizations that advertise or solicit donations on the Site; violation of these Terms; or violation of any third party's intellectual property, privacy or other rights.
Except if expressly provided otherwise in the terms, the Site (including without limitation, all Content, advertisements, links, and emails) is provided to you "as is" and "as available" without warranty of any kind. myActions, LLC does not guarantee or warranty the accuracy, legality, appropriateness, truthfulness, or other qualities of any materials or the related products, equipment, or services. myActions, LLC hereby disclaims, to the maximum extent permitted by law, the following: all warranties either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and noninfringement; and other warranties including but not limited to: uninterrupted use; availability of the Site; lack of viruses, worms, trojan horses, or code that manifests contaminating or destructive properties; accuracy, completeness, reliability, timeliness, currency, or usefulness of any information provided on or through the Site; and any duties of reasonable care, workmanlike effort or lack of negligence in connection with the Site. myActions, LLC is not engaged in the provision of legal, tax, or other professional advice or services and you agree that the Site does not contain any legal, tax, or other professional advice. If you are in need of such services, you should contact the appropriate licensed and qualified professional. myActions, LLC is not involved with the processing, exchange, donations of money as may be arranged by third parties on the Site; therefore, myActions, LLC is not responsible for any transactions associated with donations solicited, promised, or otherwise on the Site including, without limitation, any transfers made pursuant to an Action.
Your interactions with Users or other third parties (including advertisers, brands, charities, and others) are solely between you and such individuals or entities. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that myActions, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between Users of this Site, or between a User and any third party, you understand and agree that myActions, LLC is under no obligation to become involved and is not subject to any liability.
To the maximum extent allowed by law, you agree that neither myActions, LLC, nor any of its affiliates or licensors will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the Site (and your use of, or inability to use, the Site); the modification, alteration, or termination of the Site or your access to it; or any breach of these terms, even if myActions, LLC has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the Site must be brought within one year of the date on which liability arose. Neither myActions, LLC nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.
myActions, LLC and Site users may provide links to third party sites (including advertisers and others) on the Site. Third parties are not under the control of myActions, LLC and myActions, LLC is not responsible for their content or conduct. If you access a third party site from the Site, you do so at your own risk. myActions, LLC provides links as a convenience and the inclusion of the link does not indicate or imply that myActions, LLC endorses, represents, warrants, or accepts any responsibility for the content on third-party Sites. Additionally, your dealings with or participation in offers or solicitations from third parties found on the Site, including delivery and any other terms (such as warranties, guarantees, etc.) are solely between you and such third parties. You agree that myActions, LLC shall not be responsible for any loss or damage of any sort relating to your dealings with such third parties.
This Site is controlled and operated from within the United States. myActions, LLC makes no representation that the Site is appropriate or available in locations outside the United States. Those who choose to access the Site from other locations do so at their own risk and are responsible for compliance with applicable laws.
myActions, LLC reserves the right, at its sole discretion, to immediately, with or without notice, suspend or terminate your registration, the Terms, and/or your access to all or a portion of the Site and/or remove any registration information or Materials from the Site, for any reason (including if you breach of any of the provisions of the Terms). Upon termination or expiration of the Terms, your obligations and myActions, LLC’s rights and disclaimers survive, but your right to use the Site immediately ceases. myActions, LLC’s failure to act with respect to a breach by you or others does not waive myActions, LLC’s right to act with respect to subsequent or similar breaches.
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