Acceptance of Terms
Order Form and Account Registrations
In consideration of your use of the Service, you agree to: (a) provide accurate and complete information about yourself (and others, as applicable) as requested in any account registration form, nomination form, competition entry and/or other similar forms (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it accurate and complete. If InCommons suspects that your Registration Data is inaccurate or incomplete, InCommons may suspend or terminate your account.
Usernames and Passwords
You will receive a username and password upon completing the Service's account registration process. You will choose your username, based on some parameters, and a password will be provided to you, which you can then change. You are responsible for maintaining the confidentiality of the password and are fully responsible for all activities that occur under your username and password. Any username and password for your access to the Service shall be for your personal use only. You agree to (a) immediately notify InCommons of any unauthorized use of your username or password and (b) ensure that you exit from your account at the end of each session.
Use of the Service
You agree that all information, data, text, software, music, sound, photographs, graphics, video, messages and other materials available via the Service ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means you are entirely responsible for all Content that you make available via the Service. InCommons does not control the Content posted by third parties via the Service, and does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will InCommons be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit via the Service.
In addition, you represent and warrant that you will not use the Service to do any of the following:
upload, post, transmit or otherwise make available:
- any Content that infringes, misappropriates or otherwise violates any patent, trademark, trade secret, copyright or other contractual or proprietary right of any party;
- any Content that is unlawful, threatening, abusive, harmful to minors (including any form of child pornography or indecent depictions of children), harassing, intimidating, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically or otherwise objectionable;
- any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, any private information of any third party, Content you did not create or Content that you did not have permission to post);
- any unsolicited communications or advertising not authorized by InCommons, promotional materials or any other form of solicitation for any type of information; or
- any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- any Content that implies an endorsement of any candidate for political office or a view on any specific legislation by InCommons or any of its affiliates;
- obtain any information or Content from the Service using any robot, spider, scraper or other automated means for any purpose;
- take any action that imposes or may impose, as determined in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity; or
- collect or store personal data, including email addresses or data about other users in connection with the prohibited activities described in this paragraph.
By posting Content to the Service, you authorize and direct InCommons to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Site.
The Service and the Content may include security components that permit digital materials to be protected and you agree that use of these materials is subject to usage rules set by InCommons or the providers of the Content. You shall not attempt to override or circumvent any of the usage rules embedded in such security components.
The Service may contain, or third parties may provide via the Service, links to third party websites or resources. InCommons has no control over such sites and resources, and you agree that InCommons is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.
InCommons may modify, discontinue or suspend any portion of the Service, temporarily or permanently at any time. InCommons shall not be liable to you or to any third party for any modification, discontinuance or suspension of the Service.
The Service is provided as a public forum for the exchange of ideas and discussion of important issues facing our community, and any views expressed are those of the individual expressing them and not of InCommons or any of its affiliates. InCommons does not endorse or support candidates for public office or otherwise intervene in campaigns of candidates for public office, nor does it engage in lobbying activities including encouraging members of the public to take action with respect to specific legislation or ballot measures.
By submitting Content via the Service, you grant to InCommons a nonexclusive, perpetual, irrevocable, fully-paid-up, royalty-free license to use, translate, reproduce, modify, publish, publicly distribute, import, publicly display, publicly perform, digitally perform, create derivative works of and otherwise exploit such Content (including any copyrights, trademarks or other intellectual property contained therein), and the right to sublicense the foregoing rights (through multiple tiers) to third parties.
Ownership of the Service
Except for the Content submitted by users, the Service, including all Content and photographs displayed on the Service and all underlying software or technology used in connection with the Service, and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by InCommons or its licensors. You acknowledge that the Service, the Content and photos displayed on the Service and any underlying technology or software used in connection with the Service contain InCommons’ proprietary information. You may not commercially exploit any part of the Service, including photographs, except as expressly permitted by InCommons. “InCommons,” and “Bush Foundation” are trademarks of InCommons or its affiliates. All rights in the Service not expressly granted by InCommons to you are retained by InCommons.
Notice for Claims of Copyright Violations and Agent for Notice
If you are a copyright owner and have a good faith belief that any Content available through the Service infringes upon your copyrights, you may submit a copyright infringement notification to InCommons pursuant to the Digital Millennium Copyright Act by providing InCommons with the following information in writing:
- an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site, with enough detail that we may find it on the Site;
- Your address, telephone number, and email address;
- 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
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Please consult your legal counsel for further details or see 17 U.S.C. §512(c)(3). InCommons’ Agent for Notice of claims of copyright infringement can be reached as follows:
- By mail: Gregory H. Keane, Chief Financial Officer, 332 Minnesota Street, Suite E-900, St. Paul, Minnesota 55101
- By electronic mail: firstname.lastname@example.org, attention Gregory H. Keane, Chief Financial Officer
Content and Warranty Disclaimer
InCommons makes no representations that the Service is appropriate or available for use in locations other than the United States of America, from where it is controlled and offered by InCommons. Those who access or use the Site from other jurisdictions are responsible for compliance with local law.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INCOMMONS, ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING FROM OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT SUCH PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF INCOMMONS TO YOU ARISING FROM OR RELATING TO THE SERVICE (REGARDLESS OF THE FORM OF ACTION OR CLAIM, E.G. CONTRACT, WARRANTY, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY) IS LIMITED TO $100. INCOMMONS AND ITS PARTNERS, AFFILIATES, CONSULTANTS, SUPPLIERS OR PROVIDERS HAVE NO LIABILITY WHATSOEVER ARISING FROM THE SERVICE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR USE OF THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, INCOMMONS IS NOT RESPONSIBLE FOR THOSE COSTS. Applicable law may not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
Compliance with Anti-Money Laundering Laws
InCommons will not make any grant if it finds that to do so would be unlawful. This may prohibit awards in certain countries and/or to certain individuals or entities. All recipients will comply with anti-money laundering laws to the extent they are applicable to such recipients. No recipient will take any action that would cause InCommons to violate any laws.
In order to view the Site, you affirm that you are over the age of 13, as the Service is not intended for children under 13. If you are under 13 years of age, then you are not authorized to use or view the Site.
You are solely responsible for your interactions with other Service users. We reserve the right, but have no obligation, to monitor disputes between you and other users. Notwithstanding the foregoing, InCommons’ shall not be liable for any claims, damages or other losses arising out of any disputes between users.