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Project 312 Web Site User's Agreement
Project 312 Web Site User's Agreement
1. Acceptance of Terms
The "I Have A Dream"® Foundation-Project 312 (hereafter Project
312) provides access to this web site located at www.project312.com
and www.project312.org (the "Site") subject to the acceptance of this
User's Agreement ("Agreement") by each visitor to the Site ("you"
or "your"). Project312 encourages you to review this Agreement periodically
for any updates or changes. To view the most recent version of this Agreement,
click here (www.project312.org) By accessing
or using the Site, you agree to be bound by the terms of this Agreement. This
Agreement was last revised on January 8, 2003. When using a particular feature
of the Site, you may also be subject to any posted guidelines, rules, terms
of service, codes of conduct or other contractual provision as noted. In the
event of a conflict between any other agreement, rule, or terms of service and
this Agreement, the provisions of this Agreement shall govern. If you have any
questions about this Agreement please contact Project 312 at info@project312.org
before using the Site.
2. Disclaimer
The contents of the Site, such as text, graphics, photographs, software and
other material (the "Content"), is presented for informational purposes
only. Project 312 will use reasonable efforts to include up to date and accurate
information in this Site, but makes no representations, warranties, or assurances
as to the accuracy, currency or completeness of the Content provided, including
third party information, such as, but not limited to, press releases, articles,
or information from third-party websites linked to or from this Site.
3. No Endorsement of Links to Other Websites
Any links to other sites are provided as merely a convenience to you. This
Site may provide links or references to other sites but Project 312 has not
reviewed all of these other sites, has no responsibility for the content of
such other sites and shall not be liable for any damages or injury arising from
the content from these other sites. Thus, Project 312 does not endorse or make
any representations about these sites, or any information or other products
or materials found there, or any results that may be obtained from using them.
If you decide to access any of these other sites linked to this Site, you do
so entirely at your own risk.
4. Privacy
You agree that you have read and understand the terms of Project 312's privacy
policy at www.project312.org. You acknowledge
that the Site may link to other sites not controlled by Project 312 and that
the collection of your data by these sites is outside the scope of Project 312's
control.
5. Use of the Site.
You understand that, except for information, products or services clearly identified
as being supplied by Project 312, Project 312 does not operate, control or endorse
any information, products or services on the Internet in any way. Except for
the Project 312-identified information, products or services, all information,
products and services offered through the Site or on the Internet generally
are offered by third parties that are not affiliated with Project 312. Your
use of third-party web sites is at your own risk and subject to the terms and
conditions of use for such sites.
You also understand that Project 312 cannot and does not guarantee or warrant
that files available for downloading from the Site will be free of infection
or viruses, worms, Trojan horses, time bombs, cancelbots or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept or expropriate any system, data or personal information. You are responsible
for implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to the Site for the reconstruction of any lost data.
6. System Integrity
You may not use any device, software or routine to interfere with the proper
working of the Site. You may not take any action that imposes an unreasonable
burden upon the infrastructure used to support the efficient operation of the
Site including but not limited to unsolicited e-mail (i.e. "Spam").
7. RISK; INTERNET USE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE
OF THE SITE AND THE INTERNET. YOU ACKNOWLEDGE AND AGREE THAT ANY UPLOADS OR
TRANSMISSIONS YOU MAKE MAY BE INTERCEPTED AND USED BY AN UNAUTHORIZED THIRD
PARTY AND THAT ALL OF THE RISK ASSOCIATED THEREWITH IS SOLELY YOURS.
8 NO WARRANTIES.
PROJECT 312 DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE
OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, THE CONTENT, ANY MERCHANDISE
PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND PROJECT SHALL NOT
BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM
ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE RELIABILITY,
ACCURACY, TIMELINESS, COMPLETENESS OR USEFULNESS OF ALL SERVICES AND CONTENT
PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. PROJECT 312 DOES NOT
WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN
THE SITE WILL BE CORRECTED. THE SITE AND THE CONTENT MADE AVAILABLE ON THE SITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
9. System Outages
Project 312 periodically schedules system downtime for maintenance and other
purposes. Unplanned system outages may also occur. Project 312 shall have no
liability whatsoever for the resulting unavailability of the Site or for any
loss of data or transactions caused by planned or unplanned system outages or
the resultant delay, misdelivery or nondelivery of information caused by such
system outages, or any third party acts or any other outages of web host providers
or the Internet infrastructure and network external to the Site.
10. Indemnification
You agree to indemnify, defend and hold Project 312 and its affiliates, officers,
directors, employees and agents harmless from and against any and all claims,
demands, actions, costs, liabilities, losses and damages of any kind (including
attorney's fees) resulting from (i) your use, misuse or abuse of the Site, or
(ii) your breach of any provision of this Agreement. You will cooperate as fully
as reasonably required in Project 312's defense of any claim. Project 312 reserves
the right, at its own expense, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, and you shall not in
any event settle any matter without the written consent of Project 312.
11. Intellectual Property
The Content is the property of Project 312 and/or its affiliates or partners,
and is protected by federal and international copyright and trademark laws,
or other proprietary rights. These rights are protected in all forms, media
and technologies existing now or hereinafter developed. You may print and download
portions of material from the different areas of the Site solely for your own
non-commercial use. No portion of the Content may be reprinted, republished,
modified, or distributed in any form without the express written permission
of Project 312. You may not, and this Agreement does not give you permission
to, reproduce, reverse engineer, decompile, disassemble, modify, transmit, sell,
distribute, license or create derivative works with respect to the Site. Certain
content may be licensed from third parties and all such third party content
and all intellectual property rights related to the content belong to the respective
third parties. You may not remove any copyright, trademark or other intellectual
property or proprietary notice or legend contained on the Site or the Content.
Any rights not expressly granted by this Agreement or any applicable end-user
license agreements are reserved by Project 312.
12. Governing Law and Choice of Forum
This Agreement shall be governed by and construed in accordance with the laws
of the District of Columbia, exclusive of its choice of law rules and matters
affecting copyrights, trademarks and patents under United States federal law.
13. International Users
Project 312 makes no claims that the Content is appropriate or may be downloaded
outside of the United States. Access to the Content may not be legal in certain
countries or for certain persons. If you access the Site from outside of the
United States, you do so at your own risk and are responsible for compliance
with the laws of your jurisdiction.
14 Severability
In the event that one or more portions of this Agreement shall, for any reason,
be held to be invalid, illegal or unenforceable in any respect, such validity,
illegality or unenforcability shall not affect any other provision contained
in this Agreement.
15. Headings
The headings used throughout this Agreement are solely for the convenience
of reference and are not to be used as an aid in the interpretation of this
Agreement.
16. No Waiver
Any delay or failure by you or Project 312, at any time or times, to require
performance of any provision hereof shall in no manner affect your or Project
312's right at a later time to enforce such provision. No delay or failure of
you or Project 312 in exercising any right hereunder shall constitute a waiver
of such right or any other rights hereunder.
17. Entire Agreement, Updates and Modifications
This Agreement and any documents expressly incorporated by reference constitute
the entire agreement between Project 312 and you pertaining to the subject matter
hereof.
In its sole discretion, Project 312 may unilaterally amend or modify this Agreement
or any other documents referenced herein at any time by posting on the Site.
Any amended or modified terms will be effective upon posting. If you have any
questions about this Agreement, contact us at
info@project312.org.
18. Assignment
You may not assign your rights or delegate your responsibilities hereunder
without the express written permission of Project 312. Project 312 may, at any
time, assign its rights or delegate its obligations hereunder without notice
to you.
19. Third Party Beneficiary Rights
No person not a party to this Agreement is intended to be a beneficiary of
this Agreement, and no person not a party to this Agreement shall have any right
to enforce any term of this Agreement.
20. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL PROJECT 312 OR ANY OTHER PARTY INVOLVED IN CREATING,
PRODUCING, OR DISTRIBUTING THE SITE OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS,
GOOD WILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBLITY OF SUCH DAMAGES) THAT RESULT FROM (I) THE USE OF OR INABILITY
TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE MERCHANDISE AND
SERVICES RESULTING FROM ANY MERCHANDISE, DATA, CONTENT OR SERVICES PURCHASED
OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT
OF ANY THIRD PARTY ON THE SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE
OR CONTENT DELIVERED THROUGH THE SITE. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH
SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE
SITE. BECAUSE SOME STATES MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED
TO THE FULLEST EXTENT PERMITTED BY LAW.
21. Project 312's Policy Regarding Copyright Infringement and Designated Agent
Project 312's policy regarding copyright infringement and Project 312's designated
agent for receipt of copyright infringement claims pursuant to the Digital Millennium
Copyright Act is incorporated herein and can be found at www.project312.org.
22. Acceptable and Lawful Use of Site
Any personal information, computer information, or other information that you
provide to Project 312 in connection with the use of the Site: (a) shall not
be obscene or indecent; (b) shall not contain any viruses, Trojan horses, worms,
time bombs, or other computer programming routines that are intended to damage,
detrimentally interfere with, surreptitiously intercept or expropriate any system,
data or personal information; (c) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (d) shall not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing; and (e) shall not create any liability for Project
312 or cause Project 312 to lose (in whole or in part) the services of its Internet
Service Providers ("ISPs") or other suppliers. Users shall comply
will all applicable laws, statutes, ordinances and regulations regarding use
of the Site. Project 312 may terminate your account or otherwise block your
access to the Site for failure to comply with this Agreement.
24. Feedback
Should you respond to the Site with information including feedback, such as
questions, requests, opinions, comments, suggestions, or the like regarding
the content of any Project 312 document, the Site, or Project 312 services,
such information shall be deemed to be non confidential and Project 312 shall
have no obligation of any kind with respect to such information and shall be
free to reproduce, use, disclose and distribute the information to others without
limitation. Project 312 shall be free to use any ideas, concepts, know how or
techniques contained in such information for any purpose whatsoever.
This Agreement was updated on January 8, 2003.
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