Terms of Service

By Channing Kennedy Jun 25, 2010

Welcome to Colorline. Please read these terms of service carefully. They contain important information regarding your legal rights, remedies and obligations, including how the content you provide can be used and how any disputes will be resolved. 1. REVISION DATE These Terms of Service were last revised on June 24, 2010. 2. ACCEPTANCE OF TERMS The nonprofit Race Forward provides the Colorlines website to you subject to the following Terms of Service ("TOS"). By registering with or by using the Colorlines site (the "Site"), and in exchange for Race Forward’s agreement to provide the Site to you, you agree to be bound by these TOS. The TOS may be revised from time to time. We will indicate at the beginning of the TOS when they were last revised. Your continued use of the Site constitutes your agreement to all terms of the most recent TOS. You must be at least thirteen (13) years of age to use the Site. Any registration by, use of, or access to the Site by anyone under 13 is unauthorized, unlicensed, and in violation of these TOS. By using the Site, you represent and warrant that you are at least 13 years old. Race Forward reserves the right to refuse access to the Site or to any other service or product provided by Race Forward, without notice, at any time, and for any reason. 3. PROVISION AND MODIFICATION OF SERVICE The Site includes software, services, content, and advertising provided by Race Forward. However, some of the content of the Site is provided by users who submit or post content on the Site. In addition, the Site includes advertising placed by advertisers and ad networks. ARC takes no responsibility for such content. You understand and agree that the Site is provided to you on an AS IS and AS AVAILABLE basis. Race Forward disclaims all responsibility for the availability, timeliness, security, or reliability of the Site or any feature or software included in the Site. Race Forward also disclaims all responsibility for the acts or omissions of third parties whose services, software, content, or advertising may be utilized in connection with the Site. You agree that Race Forward shall not be liable for any such faults. Race Forward reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice. The Site also may be subject to interruptions, caused by Race Forward or others. You agree that Race Forward will not be liable for any modification, suspension, interruption, or discontinuance of the Site. 4. REGISTRATION AND ACCOUNT CREATION Certain features of the Site require you to register and create a user profile ("Profile Page"). As part of the registration process, you will select a member ID (username) and a password, and you will provide Race Forward with certain registration information. In consideration of your use of the Site, you agree to provide accurate, current, and complete information, and to promptly update the information you provide in connection with creating or maintaining your account, in order to keep it accurate, current, and complete. You also agree that you will maintain the security of your password, that you will be responsible for all use of your account, and that you will notify Race Forward immediately of any breach of security or unauthorized use of your account. You agree that you will not register for more than one account, register for an account on behalf of anyone other than yourself, or use another’s account without permission. 5. CONDITIONS ON USE OF THE SITE Race Forward grants you permission to access and use the Site as set forth in these TOS, and in exchange you agree as follows: 1. You will access and use the Site solely for your own personal use; 2. You will not use the Site in any illegal manner or for any illegal purpose, in any other manner that could damage, disable, overburden, or impair the Site, or in any manner inconsistent with these TOS; 3. You will not defeat or interfere with any security feature of the Site, or attempt to do so; 4. You will not alter or modify any content or component of the Site, other than content you have submitted to or posted on the Site; 5. You will not reproduce, duplicate, copy, sell, trade, resell, or exploit, for any commercial purpose, any content, component, or feature of the Site without the prior written permission of Race Forward, except for content you have submitted to or posted on the Site, or content which you have the prior written permission of the owner to use; 6. You will not use any automated system, software, or device to generate and send unsolicited communications to or through the Site; 7. You will not collect or harvest any personally identifiable information, including without limitation account names or email addresses, from the Site, nor use the communication systems provided by the Site for purposes of sending any commercial solicitation; 8. You will not upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of or obtain any nonpublic information from any computer software or hardware or telecommunications equipment; and 9. You will not harass or intimidate any other user of the Site. 6. YOUR CONDUCT AND USE OF THE SITE You acknowledge that you are solely responsible for the text, comments, and other content that you post, publish, upload, or display on the Site, or transmit to or share with others using the Site (collectively "User Content"), and for the consequences of posting, publishing, uploading, displaying, or sharing any User Content. You understand and agree that any User Content you submit or post on the Site is intended to and generally will be made public, and that once made public User Content cannot be made private again. You consent to the public dissemination of all User Content you submit or post using the Site. However, Race Forward will generally not make your email address public, even if you choose to allow other users to contact you through your Profile Page. Your email address will not be considered User Content unless you make it publicly available on the site. You agree that you will not use the Site to post, transmit, or share User Content that you did not create or that you do not have permission to post, transmit, or share. You affirm that you own or have all intellectual property rights (including without limitation copyright and trademark rights), licenses, and permissions to User Content you provide that are needed to use and to authorize Race Forward to use that User Content in the manner described in these TOS. By submitting or posting User Content, you warrant that it does not infringe any intellectual property rights of another person. You agree that you will not use the Site to post, transmit, or share User Content that is obscene, defamatory, or invasive of the privacy of another person, graphically violent, physically threatening, intended for any illegal purpose, or otherwise inappropriate on a site intended for a general audience. By submitting or posting User Content, you warrant that it is not obscene, defamatory, or invasive of the privacy of any other person, or otherwise illegal. You understand that Race Forward does not promise that User Content you submit to or post on the Site will be maintained by Race Forward. You are solely responsible for creating backup copies of and replacing any User Content you submit to or post on the Site. You agree that Race Forward has no responsibility or liability for the deletion of, or the failure to store or to transmit, any User Content or other communications provided on or through the Site. Race Forward retains the right to create limits on use and storage at its sole discretion, at any time, with or without notice. 7. RIGHTS TO AND USE OF THE CONTENT ON THE SITE Except for User Content, all content and components of the Site ("Colorlines Content"), including without limitation, the software, text, photos, video and audio content, graphics, and features, and all trademarks, service marks, and logos contained therein, are owned by or licensed to Race Forward, subject to any copyrights or other intellectual property rights held by others pursuant to law. Race Forward reserves all rights to the Colorlines Content and any other component or content of the Site not expressly granted to you by these TOS. By submitting or posting User Content to the Site, you grant Race Forward an irrevocable, perpetual, nonexclusive, transferable, fully paid, worldwide license to: (1) use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and distribute the User Content in or through any medium now known or hereafter invented, for any purpose; (2) to prepare derivative works using the User Content, or to incorporate it into other works, for any purpose; and (3) to grant and authorize sublicenses of any or all of the foregoing rights. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the User Content will no longer appear on the Site. However, you acknowledge that ARC may retain archived copies of your User Content, and that Race Forward will retain the rights to the content granted by these TOS. Race Forward does not assert any ownership over your User Content; rather, as between ARC and you, and subject to the rights granted to us in these TOS, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. Race Forward may obtain and exercise intellectual property rights over compilations, collective works, derivative works, or revisions that incorporate User Content you have provided. In that case, the rights we obtain will apply only to the compilation, collective work, derivative work, or revision; as between Race Forward and you, subject to the rights granted to us in these TOS, you will retain full ownership of and rights to your User Content. When you post User Content to the Site, you also authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, maintenance, and storage of the User Content on the Site. 8. OBJECTIONABLE OR INAPPROPRIATE CONTENT By its very nature, the Site may include offensive, harmful, inaccurate or otherwise offensive or objectionable material. In some cases, the Site may include content that has been mislabeled or is otherwise deceptive. Please use caution and common sense and exercise proper judgment when using Colorlines. Race Forward does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any content appearing on the Site at the direction of others. Race Forward does not endorse any opinions expressed by others on the Site. You acknowledge that any reliance on material appearing on the Site will be at your own risk. Race Forward will not routinely review or revise content submitted to or posted on the Site by others. However, Race Forward may read any such content, and reserves the right to refuse to distribute any such content, to remove any content from the Site, or to edit any content, in its sole discretion. If you find content appearing on the Site that you believe violates these TOS, or that is offensive or otherwise objectionable, you may inform Race Forward by sending a message to colorlines (at) colorlines (dot) com. Be sure to type "Feedback" in the subject line. Race Forward will review your message and the content to which you object (assuming it is still on the Site). We may remove the content if, in our judgment, it is inappropriate. However, please understand that deciding whether content is inappropriate is a judgment call, and that Race Forward is not legally responsible for content that it does not originate. Neither is Race Forward legally responsible for keeping content that it deems inappropriate off of the Site. If content you have submitted is not published or is removed, please review these TOS and understand that the value of the Colorlines website is, to a large extent, based on providing an experience that is both enlightening and pleasant for the people who use the Site. Race Forward reserves the right to access, read, preserve, and disclose any information it reasonably believes is necessary to do any of the following: (1) satisfy any applicable law, regulation, legal process, or governmental request; (2) enforce these TOS, including investigation of potential violations hereof; (3) detect, prevent, or otherwise address fraud, security, or technical issues; (4) respond to user support requests; or (5) protect the rights, property, or safety of ARC, its users, or the public. You agree that Race Forward will not be liable for exercising or failing to exercise any of these rights. 9. USE, PROMOTION, AND DISTRIBUTION OF CONTENT You understand and agree that you will receive no compensation from Race Forward for any User Content you submit to or post on the Site. By submitting User Content to Race Forward or posting it on the Site, you agree as follows: 1. User Content you submit to or post on the Site may be organized, arranged, formatted, categorized, designated, displayed, and edited as ARC determines, in its sole discretion. 2. Race Forward, in its discretion, may place your User Content in a location or locations of its choosing on the Site, and may apply designations currently existing or created in the future to your User Content. You will have no claim for compensation or any other remedy based on the location or designation of User Content you submit. 3. Race Forward, in its discretion, may modify your User Content as described in these TOS. Race Forward will not be responsible for any claims arising from modifications that do not substantially change the meaning of the content, add new and different meanings, or result in the addition of new material that give rise to a claim. 10. OTHER INTELLECTUAL PROPERTY RIGHTS Race Forward and Colorlines logos and product or service names are trademarks of Race Forward. All other trademarks appearing on the Site are trademarks of their respective owners and our reference to them does not imply or indicate any approval or endorsement by their owners unless such approval or endorsement is expressly made. References to other names and trademarks are necessary in the course of providing information and commentary about the subjects addressed on the Site. 11. SPONSORS, ADVERTISERS, AND THIRD PARTIES The Site may contain links to sponsor, advertiser, or other third-party websites that are not owned or controlled by ARC. Inclusion of, linking to, or permitting the use or installation of any third-party site, applications, software, content, or advertising does not imply approval or endorsement thereof by Race Forward. Race Forward has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third parties. Your correspondence or dealings with, or participation in promotions of, sponsors, advertisers, or other third parties found on or through the Site, are solely between you and such third parties. You agree that Race Forward shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties, or advertisers on the Site. 12. PRIVACY As a condition of using the Site, you agree to the terms of the Colorlines Privacy Policy, which may be updated from time to time, as expressed in the most recent version that exists at the time of your use. You agree that Race Forward may access or disclose your personal information, including the content of your communications, if we are required to do so in order to comply with any valid legal process or governmental request (such as a court order, search warrant, subpoena, civil discovery request, or statutory authorization), or as otherwise provided in these TOS or the Colorlines Privacy Policy. 13. COPYRIGHT Race Forward respects the intellectual property rights of others. We prohibit users from uploading, posting, or otherwise transmitting materials that violate the intellectual property rights of others. When we receive notification of alleged copyright infringement that complies with the Digital Millennium Copyright Act (17 U.S.C. § 512, the "DMCA"), we promptly remove or disable access to the allegedly infringing material. We also terminate the accounts of repeat infringers. If you are a copyright owner or an agent thereof and you believe that any content on the Site infringes upon your copyrights, you may submit a notice by following the directions on our Copyright Policy page. 14. TERMINATION You may terminate your use of or participation in the Site at any time. However, comments or other content you have submitted to or posted on the Site may remain there. In addition, the rights granted to Race Forward with respect to User Content or other information you have submitted to ARC or posted on the Site will survive the termination of your use or participation. Race Forward may, in its sole discretion, terminate any content or information that you have posted on the Site, and/or prohibit you from using or accessing the Site, at any time, with or without notice, for any reason, including but not limited to violation of these TOS. 15. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ARC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. In particular, and without limitation, Race Forward makes no warranty that (1) the Site will meet your requirements; (2) the Site will be uninterrupted, timely, secure, or error free; (3) the results that may be obtained from the use of the Site will be accurate or reliable; (4) the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations; (5) any errors in the contents or components of the Site will be corrected; or (6) that the Site is free of viruses or other harmful components. No advice or information, oral or written, obtained by you from Race Forward shall create any warranty not expressly stated in these TOS. 18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT ARC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE. In particular, and without limitation, Race Forward will have no liability for damages arising from (1) accessing, downloading, or otherwise obtaining any content or component of the Site, even if it results in the inadvertent transfer of harmful computer code, such as viruses, malware, or spyware; (2) unauthorized access to or disclosure or alteration of your transmissions or data; (3) statements or conduct of any third party on the Site; or (4) as otherwise provided in these TOS. 19. EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS ON LIABILITY AND DAMAGES MAY NOT APPLY TO YOU. 20 . INDEMNIFICATION You agree to hold harmless and indemnify Race Forward, and its subsidiaries, affiliates, officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Site, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorneys’ fees, of every kind and nature. ARC will make reasonable efforts to provide you with written notice of any such claim, suit or action, but the failure of ARC to provide such notice will not relieve you of these obligations. 21. GENERAL SEVERABILITY If any provision of the TOS is found to be invalid or unenforceable, the parties agree that the provision will be enforced to the maximum extent permissible, the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. CHOICE OF LAW The agreement created by these TOS, and any dispute arising from or relating to these TOS or the provision or use of the Site, will be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. ARBITRATION AND VENUE The parties hereby expressly waive trial by jury in any action, proceeding, or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or related to these TOS or the provision or use of the Site ("Claim"). The parties agree to submit any Claim to binding arbitration, to be held in San Francisco, California. In the event any Claim is mutually agreed by the parties or deemed by a court not to be subject to arbitration, it will be submitted to the state or federal courts sitting in San Francisco, California, and the parties agree that they are and will be subject to the personal jurisdiction of those courts. NONWAIVER The failure of Race Forward to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. LIMITATION OF LEGAL ACTIONS You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the TOS, or the provision or use of the Site, must be filed within one (1) year after such claim or cause of action arose or be forever barred. ENTIRE AGREEMENT These TOS, together with the Colorlines Privacy Policy, constitute the entire agreement between you and Race Forward and govern your use of the Site, superseding any prior agreements between you and Race Forward. You also may be subject to additional terms and conditions that may apply when you use or purchase certain products or services, including third-party products or services. I HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE, AND I AGREE TO BE BOUND BY THEM.