- Residency and Age. Although the Website is accessible throughout the world, Humanity Rising disclaims any representations and/or warranties it makes in this Agreement which may apply to individuals who access the Website from other countries. You are only allowed to access this Website where you are authorized under United States Law or the law of the applicable jurisdiction and only if you can make a binding contract with Humanity Rising.
The Website may provide features which allow users to post or submit content (“User Content”) to or through the Website including, without limitation, photographs, messages, commentary, documents, images, software, files or any other information or audiovisual material. You are solely responsible for User Content that You post or submit to or through the Website. Humanity Rising does not monitor or approve User Content posted or submitted to the Website by any other User. Humanity Rising may, in its sole and unfettered discretion, edit, remove, or delete any User Content.
By posting or submitting User Content on the Website, You automatically grant, and warrant that You have the right to grant, to Humanity Rising and its licensees, affiliates, successors, and assigns, a perpetual, irrevocable, worldwide, non-exclusive, fully paid-up, royalty-free, license (“License”) to use and promote the User Content in any form, in all media now known or hereinafter created, anywhere in the world, and for any purpose (“Purposes”). You also grant all other Users of the Website a non-exclusive, irrevocable, worldwide, royalty-free license to distribute, reproduce, display, and perform User Content as permitted through the functionality of the Service.
You waive, represent, and warrant that You have obtained the waiver of any and all moral rights in User Content that You submit or post on or through the Website including, without limitation, rights of attribution or integrity, and any similar rights in any jurisdiction worldwide.
You represent and warrant that You have obtained all necessary consent and authority from any individual whose likeness appears in any User Content which You post on or submit to the Website to: 1) post and submit such content on or to the Website; and 2) permit Humanity Rising and its licensees, affiliates, and successors to use such content for the aforementioned Purposes.
You further represent and warrant that Humanity Risings exercise of any of its rights under the License will neither violate nor infringe upon the rights of others including, without limitation, privacy, publicity or intellectual property rights.
Conditions on Use.
As a condition of accessing and using the Service, You agree not to post or submit User Content that:
- is unlawful, threatening, abusive, libelous, defamatory, slanderous, obscene, vulgar, pornographic, indecent, or would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national, or international law or regulation;
- violates or infringes upon the rights of others including, without limitation, privacy or publicity rights, intellectual property rights including, without limitation, copyright, patent, trade secret, or trademark rights, or other rights, without first obtaining permission from the owner or rights holder;
- promotes malice or harm of any kind against any group or individual;
- solicits user passwords, financial information, or personal identification for unlawful purposes;
- contains a virus, spyware, malware, or harmful software; or
constitutes junk mail, unsolicited mass mail, or spam.
The foregoing is only a partial list of the kind of User Content that is prohibited on the Service. Humanity Rising reserves the right to investigate and take appropriate action, legal or otherwise, in its sole discretion against anyone who violates this section including, without limitation, removing the offending content from the Service and terminating the violator's Service access.
User agrees to act responsibly. You agree NOT to:
- interfere with or damage the Service including, without limitation, through the use of viruses, spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or methods that in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
- collect, store, or distribute any information about any other user other than in the course of the permitted use of the Service;
- impersonate any person, company, or entity;
- modify, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Service or any software used on or for the Service; or
- use the Website or Services for any purpose or in any manner that violates any local, state or fereral law or regulation or that violates the law or regulation of any foreign government;
- submit, upload, post, email, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, pornographic, sexually explicit, invasive of another’s privacy, hateful, and/or racially, ethnically, or otherwise offensive;
- submit, upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising or promotional materials, including without limitation, initiation or perpetuation of any “Spam,” “Junk Mail,” or any other potentially objectionable form of unsolicited communications;
- submit, upload, post, email or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other intellectual property right, privacy right, or publicity right of any person or entity;
- submit, upload, post, or otherwise transmit without authorization any material that contains personal or private information concerning any third party person or entity, including without limitation, phone number(s) or addresses, credit/debit cards, calling cards, account numbers, Social Security numbers, passwords, or other similar information;
- submit, upload, post, email, or otherwise transmit any material that contains software viruses or any other code, files or programs designed or known to disable, interrupt or limit the functionality of any computer hardware, computer software or telecommunications equipment or facilities;
- use any kind of automated tool, including but not limited to scripts, bots and other software, to try to collect information from the Website or to break into any of its servers;
- disrupt or interfere (either directly or indirectly, intentionally or unintentionally with the Website or Services in any manner that may materially adversely affect Humanity Rising, you, or any third party;
- collect or store personal data with respect to third parties, except as contemplated by the Terms and Conditions, and then only for the express purpose of providing lawful communication that may reasonably be anticipate by such third parties;
- post jobs, volunteer opportunities, internships, or other opportunities that do no provide equal access to individuals or groups, or use exclusionary language on the basis of race, origin, nationality, religion, language, gender, age, sexual orientation, marital status or physical or mental ability, unless the requirement is a bona fide or essential qualification of the position or opportunity;
- impersonate another person or entity, including without limitation a representative of Humanity Rising or its officers, directors, employees, or agents; falsely represent or misrepresent your affiliation with another person or entity; or forge headers or otherwise manipulate identifiers that would disguise the origin of any content transmitted through the Website or Services;
- attribute any political content, advertising or endorsement favoring a political party, political organization or political candidate to Humanity Rising or any of its officers, employees, volunteers, or directors
- assist any third party in doing any of the foregoing.
Additionally, User agrees to:
- comply with all applicable laws, including without limitation, privacy laws, employment laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
- provide accurate information to us and update it as necessary;
- review and comply with these Terms and Conditions
- review and comply with notices sent by Humanity Rising concerning the Website or Services;
- use the Website and its Services in a professional manner; and
- help build a world where all people can live free and dignified lives.
Interactions with Other Website Users.
You are solely responsible for interactions with other Website users including the User Content User posts and Your messages to other Users. Humanity Rising shall not be responsible for any damage or harm resulting from User’s interactions with other users of the Website.
You understand that Humanity Rising does not screen Users. Humanity Rising makes no representations or warranties as to user conduct. Humanity Rising reserves the right, without obligation, to: 1) monitor all interactions between users; 2) take any action in good faith to restrict access to or the availability of any User Content which Humanity Rising considers prohibited; and 3) prohibit you from contacting other Users through use of the Website or its Services or otherwise limit your use of the Website and its Services.
Humanity Rising, in certain circumstances, may prohibit you from contacting other Users through use of the Website or its Services or otherwise limit your use of the Website and its Services.
- Links. The Website may contain links to other internet sites and resources, and You acknowledge and agree that: 1) Humanity rising shall not be responsible for the availability of such external sites or resources; and 2) Humanity Rising does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Humanity Rising shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, goods or services available on or through any such website or resource. Humanity Rising makes no representations or warranties with respect to any linked site. Your use of any linked site is solely at your own risk. In addition, your use of any linked site is subject to the terms and conditions and privacy policies applicable to that site.
- Proprietary Rights. All Website content, including User content, is protected under national and international law and is owned by Humanity Rising, its licensors, or the party accredited as the provider. Unless expressly authorized, You agree not to sell, license, modify, distribute, reproduce, publicly display or perform, publish, or create derivative works from content available on the Website. Nothing herein shall be construed as conferring by implication, estoppel or otherwise, any license or right under any copyright, patent, trademark, or other proprietary interest of Humanity Rising or of third parties, other than those expressly granted in these Terms and Conditions.
Although parts of the Website are accessible without registering an account, You will be asked to register (“Registered Users”) if You wish to receive certain services. Registered Users agree to: 1) provide accurate and complete information (“User Information”) as prompted by any Website registration form; and 2) maintain and promptly update his/her User Information to keep it accurate and complete. Humanity Rising reserves the right to suspend or terminate a Registered User’s access to and use of the Website, or any portion thereof, on the basis of inaccurate or incomplete User Information.
Registered Users may be required to select a username and password when completing the registration process. Registered Users are solely and fully responsible for maintaining the confidentiality of their own usernames and passwords, and Registered Users are solely and fully responsible for all activities occurring under their username and password. Registered Users agree to: 1) immediately notify Humanity Rising of any unauthorized use of their usernames and passwords or any other breach of security; and 2) ensure that Registered User logs off from their accounts at the end of each session. Humanity Rising shall not be liable for any loss or damage arising from a Registered User’s failure to maintain the confidentiality of its username and password.
THE WEBSITE AND THE ENTIRETY OF ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE’ BASIS AND HUMANITY RISING HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUMANITY RISING EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT:
- THE WEBSITE WILL MEET USER’S REQUIREMENTS;
- ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- ANY INFORMATION OBTAINED THROUGH OR FROM THE WEBSITE WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET EXPECTATIONS; OR
- ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
Humanity Rising shall not be held responsible for technical malfunctions of any telephone system, cable system, computer equipment, server, provider, or software. Humanity Rising shall not be held responsible for any injury or damage to User’s computer resulting from use of the Website including, but not limited to, web page viewing, file downloading, server use or access, or following Website links. User accesses the Website at his/her own risk and is singularly responsible for any loss, damage, or costs incurred during such activity. Humanity Rising shall not be responsible for any incorrect or inaccurate content posted on the Website, regardless of the cause of such inaccuracy. Humanity Rising shall not be responsible for any conduct of any User of the Website. Humanity Rising shall not be responsible for any error, omission, interruption, deletion, defect, operational delay, communication line failure, or theft, destruction, or alteration of User’s communication. No data or information obtained from Humanity Rising or the Website shall create any warranty.
Limits on Liability.
HUMANITY RISING, ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“HUMANITY RISING PARTIES”) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM OR RELATING TO: 1) THE WEBSITE’S AVAILABILITY; 2) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR THIRD PARTY, WHETHER ONLINE OR OFFLINE; 3) ANY WEBSITE OR USER CONTENT; 4) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; 5) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE; OR 6) THE DISCLOSURE, ALTERATION, OR USE OF ANY USER CONTENT OR USER INFORMATION EVEN IF THE HUMANITY RISING PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE HUMANITY RISING PARTIES AGGREGATE LIABILITY TO USER OR ANY THIRD PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE WEBSITE OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF FIFTY DOLLARS ($50) OR THE FEES PAID TO HUMANITY RISING BY USER WITHIN THE TWELVE MONTHS LEADING UP TO THE INCIDENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.
USER'S ACCESS OR USE OF ANY THIRD PARTY WEBSITE OR INTERNET RESOURCE LINKED TO OR FROM THE WEBSITE, OR USER’S USE OF GOODS OR SERVICES FROM THIRD PARTY WEBSITES OR INTERNET RESOURCES LINKED TO OR FROM THE WEBSITE, IS MADE AT USER’S OWN RISK. USER HEREBY RELEASES THE HUMANITY RISING PARTIES FROM ANY DAMAGES USER SUFFERS FROM USER’S ACCESS TO THIRD PARTY WEBSITE OR INTERNET RESOURCES, AND USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE HUMANITY RISING PARTIES ARISING FROM ANY PURCHASE OR ACQUISITION OF GOODS AND SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR THOUGH THIRD PARTY WEBSITES OR INTERNET RESOURCES.
THE HUMANITY RISING PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE HUMANITY RISING PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE HUMANITY RISING PARTIES’ CONTROL INCLUDING, BUT NOT LIMITED TO, NATURAL CATASTROPHES, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION INTERRUPTIONS, OR ANY INABILITY TO ACQUIRE MATERIALS OR SUPPLIES.
Humanity Rising is not involved in the relationship between individual members and organizations. If you have a dispute with another individual or organization, you understand that Humanity Rising is not required to assist you in the dispute. You hereby agree to release Humanity Rising from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such disputes or use of the Website and its Services. You understand that the Website and its Services may only be used for lawful purposes. You assume total responsibility and risk for you ruse of the Website and its Services. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all information you access or obtain through the Website and its Services.
Humanity Rising is not responsible for the behavior of individuals or organizations outside of the Website, as a part of society. Humanity rising can only safeguard and seek to assure the good conduct of Users while they are on the Website. Our intervention is limited to provide a space to provide information and generate connections.
- Other Rights. Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential, or certain other types of damages, so the exclusions set forth above may not apply to User.
- Indemnification. You agree to indemnify, defend, and hold harmless the Humanity Rising Parties from and against any loss, liability, or expense, including reasonable attorneys’ fees and expenses and court costs, arising out of or related to: 1) any third party claim against any Humanity Rising Party alleging that User Content posted or submitted to the Website infringes any of the third party’s rights; 2) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; or 3) any cost or expense Humanity Rising incurs in enforcing this Section. Humanity Rising reserves the right to control the defense and settlement of any action or proceeding against any Humanity Rising Party that User is bound to defend pursuant to the foregoing.
- Termination. Humanity Rising, in its sole and unfettered discretion, may add to, change, delete or terminate Your access to the Website or Services for any reason including, without limitation, Your breach of this Agreement. You agree that any termination of Your access to the Website may be effected without prior notice, and You agree that: 1) Humanity Rising may immediately deactivate or delete any of User’s accounts and all related information and files in such accounts; and 2) bar any subsequent access to the Website or User Content. You agree that Humanity Rising shall not be liable to User or any third party for any costs or damages of any kind for or resulting from any termination of User’s Website access. Humanity Rising reserves the right to block users from certain IP addresses from accessing the Website or refuse to offer the Website or Services to anyone at any time without notice.
- Discontinuance of Service. Humanity Rising reserves the right to modify or discontinue, temporarily or permanently, any portion of the Website without prior notice. User agrees that Humanity Rising shall not be liable to User or to any third party for any modification or discontinuance of any portion of the Website.
Take-Down Requests, DMCA.
Humanity Rising expressly prohibits users from uploading, posting, or otherwise distributing through the Website any content which may violate another party's privacy, publicity, intellectual property, or other rights. If any User believes any Website content violates or otherwise infringes upon any of User’s rights, User is encouraged to contact Humanity Rising immediately to request that the allegedly offending content (“Offending Content”) to be removed from the Website. To make such a request (“Take-Down Request”), User should provide Humanity Rising designed agent, listed below, with:
the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of
available at http://www.example.com/item123);
- User’s name, mailing address, email address, and telephone number; and
the name, user id, email, telephone phone number, and mailing address of the person you believe posted the Offending Content (as available).
In accordance with the Digital Millennium Copyright Act (“DMCA”), Humanity Rising has designated a Copyright Agent who is charged with receiving notification of alleged copyright violations, and may accept notification of other offending Website content. If you believe in good faith that material appearing on the Website infringes your copyright, provide notification, pursuant to 17 U.S.C. § 512(c)(3)(A), to our Copyright Agent at:
Agent: Debbie Ferruzzi
Address: Humanity Rising
21548 Swan Court
Kildeer, Lake County, IL 60047
Email: info<at>humanityrising<dot>com (standard email format)
Similarly, the DMCA provides that if you, in good faith, believe that a notice of copyright infringement has been wrongfully filed against you, you may send to our Copyright Agent a counter notice, subject to the requirements set forth in 17 U.S.C. § 512(g)(3) (2006).
Lastly, it should be noted that individuals making misrepresentations made in alleging that material appearing on this website constitutes copyright infringement may be liable for damages pursuant to 17 U.S.C. § 512(f) (2006).
Humanity Rising will process proper Take-Down Requests, will promptly remove or disable access to any offensive or infringing content, and will terminate the accounts of repeat infringers.
- the identity of the Offending Content in sufficient detail such that it can be readily located (e.g., “The photograph of
- Choice of Law; Jurisdiction. This Agreement will be governed by and construed under the laws of the United States of America and, to the extent not inconsistent therewith, the laws of the State of Illinois without regard to conflicts-of-laws principles that would require the application of any other law. Any proceeding arising out of or relating to this Agreement, including (but not limited to) any copyright or trademark infringement issues, must be brought in the courts located in Cook County, Illinois, and each of the parties irrevocably submits to the exclusive jurisdiction of each such court in any such proceeding, waives any objection it may now or hereafter have to venue or to convenience of forum, agrees that all claims in respect of the proceeding will be heard and determined only in any such court and agrees not to bring any proceeding arising out of or relating to this Agreement in any other court.
- Severability. If any provision – or portion of a provision – of this Agreement is held invalid, unenforceable, or void, the remainder of the Agreement shall remain unaffected and shall continue in full force and effect.
- Separability. This Agreement does not and shall not be construed to create a partnership or joint venture between the parties hereto.
- Merger. This Agreement is the entire agreement between the parties hereto, and replaces any and all prior negotiations, representations, or agreements between the parties, whether oral, electronic, or written, pertaining to the managerial relationship outlined herein. The parties acknowledge that they have not relied on any promise, representation, or warranty, express or implied, not contained in this Agreement. No waiver or any breach of this Agreement shall be construed as a continuing waiver or consent to any subsequent breach hereof.
- Notification of Acts Contrary to this Agreement. If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you hereby agree to contact us using one of the methods listed in Section 17f and to provide use with a comprehensive written explanation of your reasons for your belief. This explanation must be provided at least 30 days before you act contrary to this Agreement. Although Humanity Rising is not obligated to do so, Humanity Rising may consider alternative solutions to the situation.