Table of Contents
· Effective Date
· Accepting These Terms
· Terms and Proper Usage
· Breach of Terms
· Access to Your Data
· Intellectual Property Rights
· Warranties and Disclaimers
· Limitation of Liability
· Governing Law and Jurisdiction
II. Effective Date: October 4, 2019
III. Accepting These Terms
IV. Terms and Proper Usage
A. Use of The Conversationalist SM Content Platform, Materials, and Services
Company exists to promote intercultural competency, political awareness, and/or inclusivity of viewpoints on difficult subject matter.The Conversationalist SM content platform assists in formulating positive discussion among its users and will give you the confidence to drive more effective conversations so you can be seen, heard, and valued. We welcome thoughtful and civil discussion from a broad spectrum of viewpoints. Nevertheless, to maintain a safe and welcoming environment for a wide range of people to engage in meaningful conversations, we prohibit certain conduct. Each participant in our community is responsible for maintaining these standards. In deciding whether someone has violated the rules, we will take into account things like newsworthiness, the context and nature of the posted information(e.g. hate speech), the likelihood and severity of actual or potential harms, and applicable laws. Violations of our rules may result in consequences such as access and/or use restrictions, limited distribution of your posts, and suspension or termination of your use. We may limit the distribution of controversial or extreme content. In complying with The Conversationalist SM rules, you agree that you shall not:
· Collect, harvest, mine, or engage in any other activity to obtain e-mail addresses, phone numbers, personal identifiers, or any other information about others.
· Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any The Conversationalist SM server, whether through hacking, password mining, or any other means.
· Access or attempt to access any Material, or make available any files containing Materials that you are not authorized by Company to accessor make available.
· Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity, and all other rights in and to such materials.
· Use any Materials in any manner that infringes any intellectual property rights of Company.
· Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
· Create, facilitate, or participate in any games intended primarily to disseminate copyrighted material.
· Disrupt or interfere with the security of, or otherwise cause harm to the Materials and/or Services connected to or accessible throughThe Conversationalist SM website or any affiliated or linked sites.· Transmit unsolicited or bulk communications to any TheConversationalist SM user.
· Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including, without limitation, any corrupted files, ransomware, time bombs, Trojan horses, viruses and worms.
· Create a false identity for the purpose of misleading others.
· Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
· Disrupt, interfere or inhibit any other user from using and enjoying The Conversationalist SM content platform Materials, and/or Services or other affiliated or linked sites, materials, or services.
· Access or use The Conversationalist SM content platform, Materials, or Services in any manner that could damage, disable, overburden or impair any The Conversationalist SM server or the network(s) connected to any TheConversationalist SM server.
· Violate any applicable laws or regulations related to the access to or use of The Conversationalist SM content platform, Materials, and/or Services, or engage in any activity prohibited by the Terms.
· Post or otherwise submit any topic, name, video, image, material or information that is pornographic, child pornography, defamatory, hate speech, excessively violent or incites violence, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, promotes self-harm, or otherwise objectionable.
· Prepare, compile, use, download or otherwise copy The Conversationalist SM user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
· Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages(commercial or otherwise).· Violate the rights of Company or any third party (including rights of privacy and publicity) or abuse, blackmail, target, shame, defame, harass, stalk, or threaten another.
· Post copies of private communications between private individuals without the explicit consent of all parties to the communication, including posting intimate or explicit images of another.
· Post content that violates another’s privacy, including sensitive or confidential information such as credit card numbers, social security numbers, nonpublic phone numbers, physical addresses, email addresses, or other non-public information.
· Post content that promote harmful conspiracies, facilitate gambling or betting, facilitate buying or selling social media interactions, facilitate illegal sexual services, or facilitate copyright violation.
· Market any goods or services for any business purpose(including advertising and making offers to buy or sell goods or services),unless specifically allowed to do so by Company.
· Use The Conversationalist SM content platform, Materials, and/or Services to participate in third-party advertising and sponsorships, including images that indicate brand sponsorship in a post, letter, or as part of a publication, or images that function as third-party ads. If you find an article, comment, image, link, or any other content on TheConversationalist SM content platform that violates these rules, please signal it and notify us at firstname.lastname@example.org to report the conduct that you believe violates these rules.
B. SpamWedo not allow spam within The Conversationalist SM community. All spam will be immediately removed from The Conversationalist SM content platform, without notification. Spam includes, without limitation, the following activities: (i) posting comments primarily to drive traffic to, or increase the search rankings of, an external site, product, or service; (ii)scraping and reposting content from other sources for the primary purpose of generating revenue or other personal gains; (iii) posting duplicate content, whether from a single account or across multiple accounts; (iv) posting stories where the content is clipped with the sole purpose of linking to the rest of the article on a different website; (v) performing a disproportionately large number of interactions, particularly by automated means; (vi) repeatedly using responses or other interactions as a method of promotion; (vii) participating in bounty campaigns or brigades to artificially inflate rankings for posts, accounts, businesses, or products; and (viii) use or re-use content templates with slight modifications across multiple posts and accounts
V. Breach of Terms If you breach any of the Terms, we may block, restrict, disable, suspend, or terminate your access and/or use to all or part of The Conversationalist SM content platform, Materials, and/or Services at any time, in our sole discretion, without prior notice or liability to you. Any materials downloaded or printed from TheConversationalist SM content platform, Materials, and/orServices in violation of the Terms must be immediately destroyed. Ifyou believe your access to and/or use of The Conversationalist SM content platform Materials, and/or Services has been suspended and/or terminated in error, you can email us at email@example.com. We will consider all good faith efforts to appeal submitted within sixty (60) days from the date of suspension or termination of your access and/or use. Moreover, if you access or use The Conversationalist SM content platform, Materials, and/or Services in violation of the Terms, including, without limitation any connection with the transmission of spam, unsolicited e-mails, or postings of prohibited content, you acknowledge and agree that Company would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Company is entitled to obtain immediate injunctive relief against any such transmission, submission, and/or content (in addition to all other remedies available at law or in equity). Company may, without restriction, block, filter, or delete unsolicited e-mail.
VI. Access to Your Data A. Information We Collect & How We UseIt Company may collect data in order to make our Services work as well as possible. To give you the best possible experience in using the Services, we may collect information directly from you and/or your interactions with our network, including, without limitation, information you actively tell us. Such information includes records of those interactions, your Internet Protocol address, information about your device (such as device or browser type), and referral information (how you got to a particular page). We use this information to: provide, test, improve, promote and personalize theServices; fight spam and other forms of abuse; and generate aggregate, non-identifying information about how people use the Services. For example, the following is some of the personal data we may collect:
· Name (including Display Name)· E-mail address· IP Address (for general statistics on usage and abuse prevention)· Current Occupation· Description of user’s racial, ethnic, cultural, and religious backgrounds
B. Information Disclosure Users of The Conversationalist SM content platform, Materials, and/orServices agree that Company can share your user data and information with our partners, affiliates, and/or other third parties with a contractual relationship with Company. Company may also transfer your information to third parties in some circumstances, including: (i) with your consent; (ii) to a service provider or partner who meets our data protection standards; (iii) with academic or non-profit researchers, with aggregation, anonymization, or pseudonymization; (iv) when we have a good faith belief it is required by law, such as pursuant to a subpoenaor other legal process; and/or (v) when we have a good faith belief that doing so will help prevent imminent harm to someone. If we are going to share your information in response to legal process, we will give you notice so you can challenge it, unless we are prohibited by law or believe doing so may endanger others or cause illegal conduct. We will object to legal requests for information about users of our Services that we believe are improper.
C. Data Storage
Company may use third-party vendors and hosting partners for hardware, software, networking, storage, and related technology we need to operate the Services. By using the Services, you authorize Company to transfer, store, and use your information in the United States and any other country where we operate.
D. How is My Data Protected from AnotherCustomer’s Data?
All of our customers’ data resides in the same database. We use software best practices to guarantee that only people who you designate as viewers of your data can access it. In other words, we segment our customer data software. We do not guarantee that hackers or government entities cannot access other people’s data.
E. Data Retention
In order to provide our Services to you, we will retain your information for the duration of your use of The Conversationalist SM content platform and Services, and unless you request that we delete your information sooner, for one (1) year thereafter. Company may preserve and maintain copies of your information beyond this time period when required to do so by law.
F. Third Party Materials & Services
Other materials and services provided by third parties are governed by separate agreements accompanying such materials and services. Company offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party materials and/or services, including, without limitation, any liability resulting from incompatibility between a third-party service or material and our Materials or Services. You agree that you will not hold Company responsible or liable with respect to any third-party materials and/or services.
G. Links to Third Party SitesTheConversationalist SM content platform may include links that will take you to other sites outside of The Conversationalist SM content platform. The linked sites are provided by Company to you as a convenience and the inclusion of the links do not imply any endorsement by Company of any linked site. Company has no control of the linked sites and you therefore acknowledge and agree that Company is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to a linked site. You further acknowledge and agree thatCompany is not responsible for any form of transmission (e.g. webcasting) received from any linked site.
H. Third-Party Embeds
I. Tracking & Cookies
J. Who Can Access My Stories and OtherContent?
By default, all stories and other content that you create and submit to Company are private. With the exception of comments, there is no user generated content. However, once Company uploads your stories and other content to TheConversationalist SM content platform and other Services, it will become public and other users will have access to view those specific stories and content.
VII. Intellectual Property Rights
A. Who Owns The Conversationalist Materials?
Company owns all Materials. The term Materials does not include user generated content unless otherwise provided for in a separate agreement between Company and the user. Materials are protected by Company’s copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of Materials may violate such laws and the Terms. You agree that you will not decompile, reverse engineer, or otherwise attempt to discover the source code of The Conversationalist SM software. Any copying or redistribution of The Conversationalist SM software is prohibited, including any copying or reproduction of The Conversationalist SM software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of The Conversationalist SM software is expressly prohibited bylaw, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. The trademarks, logos and service marks displayed on The Conversationalist SM content platform are the property of Company. You are not permitted to use them without the prior written consent of Company. Additionally,
· The Materials may not be modified or altered in any way.
· The Materials may not be distributed or sold, rented, leased, licensed, or otherwise made available to others.
· You may not remove any copyright or other proprietary notices contained in the Materials.
· You may not copy or distribute any graphics in the Materials apart from their accompanying text.
· You will not quote or display the Materials, or any portions thereof, out of context.
· Company reserves the right to revoke the authorization toview, download, and/or print the Materials, and any such use shall be discontinued immediately without notice from Company.
· Any rights granted to you by Company constitute a license and not a transfer of title.
B. Who Owns the IP of My Stories and OtherContent?
Unless otherwise agreed to, you own the rights to the content you create for Company. You acknowledge and agree that Company has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms or other limitations that you may impose on the use of your shared content. By submitting content for publication to Company, you give us a non exclusive license to publish it on The Conversationalist SM content platform, Materials, and/or Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). We may also use your content to promote The Conversationalist SM content platform and Services. We will never sell your content to third parties without your explicit permission. Company will pre-screen user materials that users provide or otherwise submit toCompany. Moreover, Company may remove any posted or submitted user materials from The Conversationalist SM content platform and/or Services for any reason without notice and in Company’s sole discretion. By submitting your user materials to Company, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms, including all the rights necessary for you to submit your user materials. In addition, by submitting your user materials that contain images, photographs, pictures, videos, webcasts, or that are otherwise graphical in whole or in part(collectively “Images”), you represent and warrant that: (i) you own the copyright in such Images, or that you have obtained all necessary license(s)from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with The Conversationalist SM content platform, Materials, and/or Services and as otherwise permitted by these Terms; (ii) you have the rights necessary to grant the licenses and sub licenses described in these Terms; and (iii) you have received consent from any and all persons depicted in such Images to use the Images asset forth in these Terms, including the distribution, public display, public performance, and reproduction of such Images. You are solely and entirely responsible for all of your user materials and content that you submit to Company. You shall assume all risks associated with the use of your user materials and content including any reliance on the accuracy, completeness, or usefulness of your user materials and content, or claims relating to intellectual property or other legal rights. Company does not guarantee the accuracy, integrity, or quality of your user materials or content.You acknowledge and agree that by accessing or using The Conversationalist SM content platform, Materials, and/or Services, you may be exposed to user materials and content from others that are offensive, indecent, or otherwise objectionable.
C. Notification of Copyright Infringement(DMCA Policy)
Company will, in appropriate circumstances, remove or restrict access to allegedly infringing material. Company will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code,Section 512(c)(2) (“DMCA”). Company processes copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing. If you receive a DMCA notification, it means that the content described in the notice has been removed from The Conversationalist SM content platform and/or Services, or access to the content on The ConversationalistSM content platform and/or Services has been restricted. Please carefully read our notice to you, which includes information about the notification we received as well as instructions on how to file a counter-notice. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on TheConversationalist SM content platform or other sites linked to from The Conversationalist SM content platform, please notify Company at firstname.lastname@example.org. Please include the following elements in your email.
· A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
· A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
· A description of where the content that you claim is infringing is located on The Conversationalist SM content platform and/or Service;
· Information sufficient to permit Company to contact you, such as your physical address, telephone number, and e-mail address;
· A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
· A statement by you that the information in your notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.
VIII. Warranties and Disclaimers
We do not guarantee that The Conversationalist SM content platform, Materials, and/or Services will always be reliable. We are vulnerable to the inherent unreliability of the Internet. You acknowledge and agree that Company shall not be liable for any failure to store or retrieve your materials or content on The Conversationalist SM content platform at any time.
B. As Is Where Is For All UsersTheConversationalist SM content platform, Materials, andServices are provided by Company under these Terms “as is where is” and without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability, availability, security, availability, or fitness for a particular purpose. Without limiting the foregoing, Company makes no warranty that
· The Conversationalist SM content platform, Materials, and/or Services will meet your requirements;
· The Conversationalist SM content platform, Materials, and/or Services will be uninterrupted, timely, secure, or error-free;
· The results that may be obtained from the use of TheConversationalist SM content platform, Materials, and/orServices will be effective, accurate, or reliable;
· The quality of The Conversationalist’s SM content platform and/or any Services purchased or accessible by you will meet your expectations; and/or
· Any errors or defects in The Conversationalist SM content platform, Materials, and/or Services will be corrected. The Conversationalist SM content platform, Materials, and/orServices may include technical or other mistakes, inaccuracies, or typographical errors. Company may make changes to The Conversationalist SM content platform, Materials, and/or Services, including the prices and descriptions of any subscriptions, services, or products listed, at any time in its sole discretion and without notice. The Conversationalist SM content platform, Materials, and/or Services may be out of date, and Company makes no commitment to update The Conversationalist SM content platform, Materials, and/or Services. No advice or information, whether oral or written, obtained by you from Company or via The Conversationalist SM content platform, Materials, and/orServices shall create any warranty not expressly stated in the Terms. Some states or jurisdictions may not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
C. Third-party Conduct
You acknowledge and agree that:
· Company does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
· Company makes no representations or warranties whatsoever about any such third parties, their materials, or services;· Any dealings you may have with such third parties are at your own risk; and/or
· Company shall not be liable or responsible for any materials or services offered by third parties Company specifically disclaims any liability with regard to any third-party’s site, services, materials, and/or any actions resulting from your use of TheConversationalist SM content platform, Materials, and/orServices. Managers, hosts, and other third parties are not authorized spokespersons for Company, and their views do not necessarily reflect Company’s views. To the maximum extent permitted by law, Company will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Company also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any user materials.
D. International Users
The Conversationalist SM content platform, Materials, and/orServices may be accessed and used from other countries around the world. TheConversationalist SM content platform, Materials, and/orServices are controlled, operated, and administered by Company from within theUnited States of America. Company makes no representation that The Conversationalist SM content platform, Materials, and/or Services are appropriate or available for use at other locations outside the United States, and access to the site from territories where The Conversationalist SM content platform, Materials, and/or Services are illegal is prohibited. If you access the site from a location outside the United States, you are responsible for compliance with all local laws, and you consent to the transfer of your data for processing in the United States. The export and re-export of The Conversationalist SM software are controlled by the United States ExportAdministration Regulations, and such software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the software may not be distributed to persons on the Table of Denial Orders, the Entity List, or theList of Specially Designated Nationals. By downloading software, you are certifying that you are not a national of Cuba,Iran, Libya, North Korea, Sudan, Syria or any country to which the UnitedStates embargoes goods, and that you are not a person on the Table of DenialOrders, the Entity List, or the List of Specially Designated Nationals.
E. Government Takedown Requests
If Company receives a request from a government actor to restrict your access to TheConversationalist SM content platform, Materials, and/orServices we will notify you unless we are prohibited by law or believe doing so may endanger others. Where applicable, we will work to limit legally-ordered content restrictions to jurisdictions where we have a good faith belief that we are legally required to restrict your access.
You agree to indemnify and hold Company and/or its members, managers, officers, co-branders, employees, contractors, agents, and other affiliated entities and/or individuals harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
· Your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through The ConversationalistSM content platform, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
· Your access to or use of The Conversationalist SM content platform, Materials, and/or Services (including any access or use by your employees or agents);
· Your connection to Company;
· Your violation of the Terms;
· Your infringement of any third party’s intellectual property rights when using any of the software made available on The Conversationalist SM content platform, Materials, and/or Services;
· Your violation of any rights of any third party;
· Your access to or use of linked sites and your connections thereto; and/or
· Any dealings between you and any third parties advertising or promoting via The Conversationalist SM content platform.
X. Limitation of Liability
The use of The Conversationalist SM content platform, Materials and/or Services, or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. Company assumes no liability for any computer virus or other similar software code that is downloaded to your computer from The Conversationalist SM content platform or in connection with any Materials and/orServices. In no event shall Company, its members, managers, officers, co-branders, employees, contractors, agents, and other affiliated entities and/or individuals be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Company has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
· The access or use of or the inability to access or use TheConversationalist SM content platform, Materials, and/orServices;
· The statements or actions of any third party on or via TheConversationalist SM content platform, Materials, and/orServices;
· Any dealings with vendors or other third parties;
· Any unauthorized access to or alteration of your transmissions, materials, or other data;
· Any information that is sent or received or not sent or received;
· Any failure to store or loss of data, files, materials, and/or other content;
· Any Services that are delayed or interrupted;
· Any web site referenced or linked to from TheConversationalist SM content platform; and/or
· Your access to or use of or inability to access or use any linked site.
Some jurisdictions may prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
XI. Governing Law and Jurisdiction
TheConversationalist SM content platform, Materials, and/orServices (excluding linked sites) are controlled by Company, with its principal place of business within the state of Kansas, United States of America. By accessing The Conversationalist SM content platform, Materials, and/or Services, you agree that all matters relating to your access to, or use of, The Conversationalist SM content platform, Materials, and/or Services shall be governed by the statutes and laws of the State of Kansas, without regard to the conflicts of laws principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the District Court of SedgwickCounty, Kansas or the United States District Court for the District of Kansas with respect to such matters.
XII. General A. No Young Children
TheConversationalist SM content platform, Materials, and/orServices are designed for people between the ages 16 to 26 years old. By using The Conversationalist SM content platform, Materials, and/or Services without adult supervision, you affirm that you are at least 16 years old. If we learn someone under the age of 16 year sold is using The Conversationalist SM content platform, Materials, and/or Services, we may terminate his or her access and/or use.
B. This Constitutes the Entire Agreement
TheTerms and other rules, guidelines, licenses, and disclaimers posted via TheConversationalist SM content platform or in connection with the Materials and/or Services constitute the entire agreement between Company and you with respect to your access to or use of The Conversationalist SM content platform, Materials, and/or Services, and supersede any prior agreements between you and Company on such subject matter (including any prior versions of the Terms). Not withstanding the foregoing, to the extent that any terms set forth in the Terms expressly contradict any terms of a written agreement between you and Company regarding the use of specific Services or Materials (including Service-specific Terms andSoftware-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other third party content or third party software. You may not assign or otherwise transfer the Terms nor any right granted hereunder without Company’s prior written consent.
C. Unenforceable Provisions
If for any reason a court of competent jurisdiction finds any provision of theTerms, or portion thereof, to be unenforceable, that provision shall been forced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
D. No Waiver
Any failure by Company to enforce or exercise any provision of the Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms are purely for convenience and carry with them no legal or contractual effect.
E. Business Transfers