TERMS OF SERVICE
Updated as of 27 November 2019
USE OF SITE
By using this site, you agree to the following terms and conditions (“TOS”). If you do not accept the TOS, then you are not authorized to use this site. The TOS may be updated periodically, and we will indicate the date of the most recent update. Any material you upload to or download from the site will be governed by the TOS in effect as of the date you uploaded or downloaded the material.
Rock the Vote and Census Open Innovation Labs may modify, suspend, or terminate the operation of, or access to, all or any portion of the Site at any time for any reason.
“Site” means the Rock the Vote and Census Open Innovation Labs’ Creatives for the Count site and any Rock the Vote and Census Open Innovation Labs web pages linked to from it.
“Materials” means text, graphics, logos, videos, audio, and images that is made available through the Site.
“User” means any visitor to the Site who is not an employee or agent of Rock the Vote and Census Open Innovation Labs. It includes visitors who view the material, who post material, and who download material.
“User Materials” means any Materials submitted for inclusion on the Site by Users.
“You” means an individual User or an entity on whose behalf an individual accesses this Site.
The Site is intended to provide a forum for creatives to share Materials that can be used to increase participation in the democratic process, including the 2020 census and the 2020 election, particularly among under-represented populations.
User Materials submitted for inclusion in the Site will be reviewed by Rock the Vote and Census Open Innovation Labs to ensure that they are consistent with this purpose. In addition, the following are prohibited in User Materials and will not be approved for inclusion in the Site:
- Content that is partisan in nature, or that is considered lobbying or political campaign intervention under the US tax code;
- Content that is obscene, defamatory, threatening, harassing, abusive, hateful, offensive, or objectionable, as determined in Rock the Vote and Census Open Innovation Labs’s sole discretion;
- Content that incites violence or facilitates any activity intended to or likely to cause harm to people, businesses, or animals;
- Content that infringes any third party’s intellectual property or privacy rights;
- Content that consists of an advertisement or solicitation of business;
- Chain letters or pyramid schemes.
When you submit Materials for inclusion in the Site, you agree as follows:
- You warrant that the name you provide is your real name and the email address is a working address that is checked regularly and can be used for Rock the Vote and Census Open Innovation Labs to communicate with you.
- You understand that no compensation will be paid for any Materials submitted for inclusion in the Site. But submitting User Materials you give Rock the Vote and Census Open Innovation Labs a Creative Commons Attribution-NonCommercial-ShareAlike license and agree that if the Materials are approved by Rock the Vote and Census Open Innovation Labs for posting to the Site they will be made available to any other Site User pursuant to that same license.
- You warrant that you (or another person or legal entity on whose behalf you are sharing the Material) own or otherwise control all of the rights to the Materials you submit including, without limitation, all the rights necessary for you to provide the Materials subject to the license described above.
- You warrant that no Material you submit violates or infringes upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
- To the fullest extent authorized by law, you will defend, indemnify and hold Rock the Vote and Census Open Innovation Labs, its officers, directors, employees, and agents harmless from and against any claims, actions or demands, losses, expenses, damages, and costs, including, without limitation, reasonable legal and accounting fees, alleging or resulting out of your violation of these TOS, including without limitation if any Material you submit violates any third party rights.
Rock the Vote and Census Open Innovation Labs may, but is not obligated to, review Material submitted and may decline to post, delete, or remove Material (without notice) from the Site in its sole discretion for reasons including but not limited to failure to conform to the prohibitions stated in the “Purpose” section of these TOS.
Materials available on this Site are provided subject to a Creative Commons Attribution-NonCommercial-ShareAlike license. You may download and use Site Materials only in a manner consistent with this license.
You agree that you are solely responsible for your reuse of Material made available through the Site, including providing proper attribution. You should review the terms of the applicable license before you use the Material so that you know what you can and cannot do.
By downloading and using Materials from this Site, you agree that to the fullest extent authorized by law you will defend, indemnify and hold Rock the Vote and Census Open Innovation Labs, its officers, directors, employees, and agents harmless from and against any claims, actions or demands, losses, expenses, damages, and costs, including, without limitation, reasonable legal and accounting fees, alleging or resulting out of your violation of these TOS, including without limitation violation of the license provided to use the Materials.
You may not use the Site in any manner that could disable, overburden, damage, or impair the Site, or interfere with any other party’s use and enjoyment of the Site; including by interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Site, or violating any regulation, policy, or procedure of any network, equipment, or server.
You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Site.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Rock the Vote and Census Open Innovation Labs’s agent (listed below) the following information, in writing: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right which is allegedly being infringed upon; (ii) identification of the copywritten work that is alleged to have been infringed upon or, if more than one, a representative list; (iii) identification of the material which needs to be removed or altered and a sufficiently detailed description of the location of the protected material on the Site; (iv) a sufficient means for Rock the Vote and Census Open Innovation Labs to contact you, such as your address, telephone number, and e-mail address (if available); (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law and that you have authority to make such a statement; and (vi) a statement by you, made upon penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Rock the Vote’s copyright agent for notice of claims of copyright infringement can be reached at firstname.lastname@example.org.
Users who consider Material on the Site to violate any of the other requirements of these TOS may notify Rock the Vote at email@example.com.
DISCLAIMER OF WARRANTIES
Your use of this site is at your own risk. The material may contain inaccuracies or typographical errors. Rock the Vote and Census Open Innovation Labs makes no representations about the accuracy, reliability, completeness, or timeliness of the material or about the results to be obtained from using the site and the material. Changes are periodically made to the site and may be made at any time.
Rock the Vote and Census Open Innovation Labs does not warrant that the site will operate error-free or that this site and its server are free of computer viruses and other harmful goods. If your use of the site or the material results in the need for servicing or replacing equipment or data, Rock the Vote and Census Open Innovation Labs is not responsible for those costs.
The site and material are provided on an “as is” basis without any warranties of any kind. Rock the Vote and Census Open Innovation Labs, to the fullest extent permitted by law, disclaims all warranties, including the warranty of merchantability, non-infringement of third parties’ rights, and the warranty of fitness for a particular purpose. Rock the Vote and Census Open Innovation Labs makes no warranties about the accuracy, reliability, completeness, lack of viruses or other harmful components, or timeliness of the material.
Rock the Vote and Census Open Innovation Labs does not control, nor can control, the flow of data to or from internet service providers, telecommunications providers and other portions of the internet. Accordingly, Rock the Vote and Census Open Innovation Labs disclaims any and all liability resulting from or related to events that impair or disrupt your connection to the internet or the accessibility of the site, whether or not caused by the fault or negligence of Rock the Vote and Census Open Innovation Labs.
LIMITATION OF LIABILITY
You specifically agree that Rock the Vote and Census Open Innovation Labs shall not be responsible for unauthorized access to or alteration of your material. You specifically agree that Rock the Vote and Census Open Innovation Labs is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal material or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that Rock the Vote and Census Open Innovation Labs is not responsible for any material submitted by any third party (including claims of infringement relating to that material), for your use of the site, or for the conduct of third parties on or through the site.
Certain jurisdictions do not permit the exclusion of certain warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
Any and all disputes between both parties arising out of or otherwise relating to this Agreement and its implementation will be settled solely and exclusively by arbitration in Washington, D.C., United States of America, pursuant to the J.A.M.S./ENDISPUTE’s Streamlined Arbitration Rules and Procedures then in effect. Any decision rendered shall be final and conclusive upon both parties and a judgment thereon may be enforced in any court having jurisdiction. All costs incurred in arbitrating a dispute shall be shared in proportion to the parties’ respective amounts of liability. Notwithstanding the foregoing, Rock the Vote and Census Open Innovation Labs shall have the right to institute an action in any court or tribunal in the event you infringe Rock the Vote and Census Open Innovation Labs proprietary rights or breach any obligation respecting use of the Site and its Material and shall be entitled to injunctive relief in any such action.
These TOS constitute an agreement between you and Rock the Vote and Census Open Innovation Labs. This agreement is governed by the internal substantive laws of the District of Columbia, without respect to its conflict of laws principles. If any provision of this agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect.