Terms of Use

This Land Rising Website Terms of Use

Last Revised: April 21, 2017

 

Welcome to the This Land Rising (“TLR” “we,” “us,” or “our”) website, (www.thislandrising.com) (the “Site“). These Terms of Use (“Terms”) are a legal agreement between you, a user of the Site (“you” or “your”), and TLR that governs your use of the Site, including all related webpages and downloadable materials, information, graphics, text, images, or other content that appears on the Site (“Content”). Your access to the Site is conditioned upon your acceptance of these Terms. PLEASE READ THESE TERMS CAREFULLY. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE SITE.

 

1. Rising Team Meetings and Other Events; Safety.

 

Through the Site, we may provide tools that enable users to arrange physical meetings or discover various local events that they may be interested in, including meetings of independent “Rising Teams” (collectively, “Third Party Events”). Third Party Events are not monitored or otherwise supervised by TLR, and TLR has no control over the identity or actions of the individuals who are present at these Third Party Events. More specifically, you acknowledge and agree that Rising Teams are not affiliated with or agents of TLR. We request that you exercise caution and good judgment when attending or hosting any Third Party Event. You agree that you bear all risk when attending or hosting a Third Party Event and you agree to release and hold harmless TLR (and its officers, directors, shareholders, agents, employees, and affiliates) from any and all claims arising from your participation in or attendance or hosting of a Third Party Event.

 

2. Privacy Policy

 

By accessing the Site, you authorize the collection of information about you, your use of the Site, the device on which you access the Site, and the use, transmission, processing, and storing of that information as described in TLR’s Privacy Policy.

 

3. Email Address Submission; TLR Newsletter

 

The Site may allow you the option to provide your email address to us in order to receive certain communications from us, including, but not limited to, occasional updates and our newsletter. Any email communication you receive from us will include an unsubscribe link that will allow you to opt-out of receiving future emails.

 

4. Donations

 

The Site may allow you to make donations to TLR. We may use a third-party payment processor to assist in processing your personally identifiable payment information. Please see “Donation Processing” in our Privacy Policy for more information. All donations are made as unrestricted gifts and may not be specified for any particular purpose. TO THE EXTENT PERMISSIBLE BY LAW, TLR MAKES NO REPRESENTATION AS TO WHETHER DONATIONS ARE TAX DEDUCTIBLE. TLR SHALL HAVE NO LIABILITY FOR ANY CLAIM BY ANY FEDERAL OR STATE TAX AUTHORITY WITH RESPECT TO ANY CHARACTERIZATION BY YOU OR ANY USER ON ANY APPLICABLE FEDERAL OR STATE TAX RETURN.

 

5. Content

 

a. Generally. The Site may permit users to publicly post Content, such as comments, videos, photos, or other materials (“User Content”). The Site and all Content, including User Content, is for general information and discussion purposes only. TLR does not control or endorse and is not responsible or liable for User Content. Any opinions and other statements expressed by users or third-party Content providers are the opinions of those users and third parties and do not reflect the views of TLR. TLR encourages respectful, constructive dialogue and, without limitation on any other right to remove User Content from the Site, reserves the right to remove User Content that is offensive, acts as advertisements, attempts to solicit funds, or otherwise violates TLR’s User Code of Conduct set forth in Section 6. We may also remove identical or substantially similar User Content that is posted more than once, including User Content posted for the purpose of monopolizing discussion.

 

b. Your Content. You are solely responsible for all Content that you upload, post, email, transmit, share, or otherwise disseminated using, or in connection with, the Site (“Your Content”). TLR does not claim ownership of Your Content. You grant to TLR and its affiliates and service providers a worldwide, royalty-free, transferrable, sublicensable, non-exclusive, perpetual, irrevocable license under all of your intellectual property rights to make, use, copy, modify, adapt, create derivative works of, publicly perform or display, import, broadcast, transmit, distribute, license, publish, and translate Your Content (and derivative works thereof) in connection with the operation of the Site. TLR is under no obligation to enable the transmission of Your Content through the Site and may, in its discretion, edit, block, refuse to post, or remove Your Content at any time. You represent and warrant that you have the rights necessary to grant the rights in this section and that Your Content does not infringe the rights of TLR or any third party or violate any agreement with or policy of TLR or any applicable law. If TLR suspects violations of the foregoing, TLR may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators.

 

6. User Code of Conduct

 

You agree that, when using the Site, you will not engage in or attempt to engage in any improper uses. Improper uses include the following:

 

  • Violating any applicable law or regulation
  • Uploading, transmitting, or otherwise sharing any content that you do not have the right to upload, transmit, or share;
  • Uploading, transmitting, or otherwise sharing any content that infringes any trademark, patent, trade secret, copyright, publicity, privacy, or other right of TLR or any third party;
  • Uploading or transmitting content that is unlawful, fraudulent, untrue, stalking, harassing, libelous, defamatory, abusive, tortious, threatening, obscene, hateful, harmful, or otherwise objectionable as determined in TLR’s sole discretion;
  • Causing damage to the reputation of TLR or its employees or agents;
  • Attempting to intercept, collect, or store data about third parties without their knowledge or consent;
  • Deleting, tampering with, or revising Content posted by any other user unless expressly permitted;
  • Accessing, tampering with, or using non-public areas of the Site;
  • Attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures;
  • Attempting to access or search the Site with any engine, software, tool, agent, device, or mechanism other than with generally available web browsers;
  • Sending or attempting to send unsolicited messages, including promotions or advertisements for products or services, “spam,” “chain mail,” or “junk mail”;
  • Using or attempting to use the Site or any Content to send altered, deceptive, or false source-identifying information;
  • Interfering or attempting to interfere with the access of any user of the Site; or
  • Impersonating or misrepresenting your affiliation with any person or entity.

 

7. Permitted Use and Distribution of Materials

 

You may copy or distribute downloadable Content that appears on the Site only for non-commercial purposes, specifically, research, teaching and learning and other similar purposes regarding social and political issues. You may not use the Content for any commercial purpose or in any manner that disparages or discredits any person. Certain downloadable Content available on the Site (such as the Get Started Tool Kit) may contain specific license terms as printed within that Content (“Content-Specific Terms”). In the event of a conflict between these Terms and Content-Specific Terms, the Content-Specific Terms will govern to the extent of a conflict. Permission to copy or distribute any materials that appear on the Site that are owned or copyrighted by others must be obtained from the third party that owns such content.

 

8. Reservation

 

Except as expressly provided in these Terms, nothing contained herein will be construed as TLR’s conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights.

 

9. Links, Frames, and Metatags

 

You may link to the home page of the Site as long as you do not do so in a false or misleading manner. You may not frame the content of the Site. You may not use metatags or any other “hidden text” that incorporates the Site’s contents without our express written consent.

 

10. Links to Other Websites

 

Within the Site you may encounter links or references to third-party websites. We do not endorse or sponsor any third-party websites or the information, products, or services contained on any third-party websites and we have no control over third party websites or their content. Remember that when you visit or share content on another website, that other website is governed by its own user agreement and privacy statement, which you should be sure to read. Access to and use of any third-party website is solely at your own risk.

 

11. Site Availability and Support

 

You may access the Site if and when it is available. We do not guarantee availability of the Site or of any Content. The Site may occasionally be down for service, upgrades, or for other reasons. To the maximum extent authorized under applicable law, we reserve the right to change, remove, delete, restrict, block access to, or stop providing any or all of the Site at any time and without notice. We have no obligation to provide support in relation to the Site or Content.

12. DISCLAIMER OF WARRANTIES

 

To the maximum extent permitted by applicable law, the Site, including all text, graphics, logos, audio and video clips, photographs, and other content is provided “AS IS,” “WITH ALL FAULTS,” and “AS AVAILABLE” and the entire risk of use and performance remains with you. WE DO NOT MAKE ANY representations, warranties, or conditions, express, implied, or statutory and hereby disclaim any and all warranties with respect to the site. In particular, WE make no warranty that the Site or Content: (A) will meet your requirements; (B) will be available or provided on an uninterrupted, timely, secure, or error-free basis; (C) will be accurate, complete, or reliable, or (D) will be free from viruses, worms, or other harmful or malicious components. Nor do WE warrant that any defects or errors on the Site OR CONTENT will be corrected. WE DO not assume any liability relating to delays or interruptions attributable to third party failures beyond OUR control. The Site aND All Content OR MATERIALS you download or obtain from the Site is accessed at your own risk, and you will be solely responsible for any damage or loss that results therefrom.

 

13. DISCLAIMER OF CERTAIN DAMAGES

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, In no event will WE be liable for any consequential, special, incidental, indirect, or punitive damages OF ANY KIND, WHETHER FORESEEABLE OR NOT, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SITE, THESE TERMS, OR THIRD PARTY EVENTS, EVEN IF WE HAVE been advised of the possibility of such damages.

14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES

 

To the maximum extent permitted by applicable law AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTIoNS 12 OR 13, OUR maximum, aggregate liability to you, and your exclusive remedy under THESE TERMS for any and all damages, injuries, and losses arising from any and all claims and causes of action arising out of, based on, resulting from, or in any way related to THESE TERMS, the Site, OR THIRD PARTY EVENTS SHALL BE LIMITED TO FIVE DOLLARS ($5.00). The existence of multiple claims or suits under or related to THESE TERMS Or the SITE will not enlarge or extend the limitation of money damages.

 

15. INDEPENDENT REMEDIES

 

The exclusion of damages under Section 13 is independent of your exclusive remedy in Section 14 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 12, 13, and 14 applies without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.

 

16. NOTICE ON POTENTIAL LIMITS OF SECTIONS 13, 14, and 15

 

Some jurisdictions do not allow the exclusion or limitation of damages (including incidental or consequential), loss, or liability from intentional acts (including fraud, fraudulent misrepresentation, and failure to disclose defects), product liability, or for death or personal injury. Nothing in Sections 12, 13, or 14 will be interpreted as excluding liability which cannot under applicable law be excluded in those jurisdictions. If you reside, or are otherwise subject to the laws in one of those jurisdictions, any statutory entitlement available to you will be deemed limited to the extent (if at all) permissible under that law and, if limitation is not permitted, the limitations and exclusions in this section may not apply to you.

 

17. Indemnification

 

You hereby agree to defend, indemnify, and hold TLR, our directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any third-party claims or demands, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) your use of the Site; (b) any violation by you of these Terms; (c) your participation in or hosting of Third Party Events; or (d) your violation of any other party’s rights or applicable law.

 

18. Notices

 

We may give you all required notices (including legal process) by any lawful method, including by posting notices on the Site or by sending notice to any email address you provide to us. You agree to send notices to us by mailing them to the following address:

 

info@thislandrising.com

 

19. Changes to these Terms

 

We reserve the right to change these Terms at any time, in our sole discretion, upon notice to you. We may give notice by posting updated Terms on the Site, sending you an email, or by any other reasonable means. You should periodically review these Terms for changes and you can review the most current Terms at any time here.

 

20. Termination

 

We reserve the right to terminate the Site and these Terms at any time without notice for any reason, including for your violation of the these Terms. Sections 1, 5, 8, and 11 through 23 of these Terms survive any such termination.

 

21. Governing Law and Exclusive Jurisdiction and Venue

 

These Terms and your use of the Site is governed by the laws of the State of Washington applicable to contracts made and performed there, without regard to its conflicts of law principles. You expressly agree that jurisdiction and venue for any dispute relating to or arising from these Terms, Content, or the Site will reside in the State and Federal Courts of King County, Washington.

 

22. General

 

If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and TLR intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and TLR agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following “including” or “e.g.,” is illustrative and not exhaustive, unless qualified by terms like “only” or “solely. TLR may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, under these Terms. If, at any time, TLR fails to respond to a breach of these Terms by you or others, that failure will not waive TLR’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on TLR if it is in writing and signed by an authorized representative of TLR. These Terms (including any incorporated terms or policies) constitute the entire agreement between you and TLR with respect the Site. Both you and TLR warrant to each other that, in entering these Terms, neither TLR nor you has relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and TLR, or TLR’s successors and permitted assigns, will have any right to enforce any of these Terms. You and TLR agree that any cause of action arising out of or related to the SITE OR SITE MATERIALS must commence within one (1) year after the cause of action accrues; otherwise, such cause of action is permanently barred.

 

23. Comments and Questions

 

If you have any questions, comments or concerns about the Site, including materials appearing on the Site, please contact us by going to the “Contact Us” link on our home page.