Website Terms of Use

Overview

Welcome to the www.actworthy.org website (the “Site”). The following, along with a) the Privacy Policy and b) if you create, have control over, or hold an Activist Account, the Activist Account Terms , are terms of a legal agreement (the “Terms”) between you and RZST, LLC (“Owner”). By accessing, browsing, or using the Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. If you do not agree to these terms, please do not use the Site.

The Site is currently in beta testing. The purpose of the beta testing is to locate and correct any errors in the website functionality. We cannot make any warranties or guarantees about the functionality of the Site during beta testing. You use the Site at your own risk during beta testing. If you are not comfortable with acting as a beta tester, please do not use the Site. Should you encounter any errors during beta testing, please let us know by contacting us at errors@actworthy.org. Your assistance is appreciated.

The material provided by Owner, by Owner’s licensors, and by other users on the Site is protected by law, including, but not limited to, United States copyright law and international treaties. Owner makes no representations as to the appropriateness of the materials for access from other locations. Access to these materials from territories where their contents are illegal is prohibited; if you choose to access these materials from such a territory, you are responsible for compliance with local laws and regulations.

Owner may at any time revise these Terms of Use, the Terms, and any other information contained in the Site by updating this posting or other portions of the Terms. If Owner makes such revisions, you will be notified via a popup when you visit the Site notifying you that the Terms have changed as well as a notation that the Terms of Use or other Terms are new next to the link to the relevant Terms; and if you have provided an email address to Owner, you will also receive an email notifying you there will be new Terms thirty (30) days prior to any changes. A notice of the last date of revision will always appear at the bottom of these Terms of Use. Your continued use of the Site constitutes your consent to any updates to the Terms.

Permissable Use

The Site and all content on the Site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, mirrored, framed, or otherwise used or displayed, or used for the creation of derivative works, without Owner’s prior written consent, except that Owner grants you a non-exclusive, non-transferable, limited and revocable permission to access and display the Web pages within the Site, for your personal, non-commercial (unless you have a business relationship with Owner) use of the Site. Owner further grants you a limited, nonexclusive and revocable right to create a hyperlink to the Site, including by using any sharing functionality on the Site, so long as the link does not portray Owner, its affiliates, or their respective products or services in a false, misleading, derogatory, or otherwise offensive manner. These permissions are conditioned on your not modifying the content displayed on the Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth on the Site.

You may not use the Site in a manner that violates any local, state, national, foreign or international statute. You may not interfere with the functioning of the Site or with other users’ use of the Site in any way, including but not limited to modification of the Site; attempting to gain access to unauthorized portions of the website; enabling high volume, automated, electronic processes that apply to the Site or its systems, the content of the Site or any portion or derivative thereof; or attempting to gain access to other accounts, computer systems or networks connected to the Site, whether through hacking, password mining, or any other means. You may not use the RZST or ActWorthy names, trademarks, services marks or logos in any meta tags or any other “hidden text”; use data mining, robots, spiders, crawlers, scrapers or similar automated or non-automated data gathering or extraction methods; or compile, repackage, disseminate or otherwise use data extracted from the Site.

Owner provides the Site in order to provide a forum for activists to find one another, donate to causes, and coordinate their action. Owner is not responsible for content posted by users or for the effects of your use of the Site. You are responsible for your own compliance with laws, including but not limited to campaign finance laws, laws relating to advocacy by nonprofits, ordinances relating to public gatherings, and other laws applicable to actions you may take on or through the Site. You are responsible for ensuring that your total contributions through different avenues do not exceed your legal campaign contribution limits, for ensuring that actions you participate in or sponsor are in compliance with applicable laws, and for ensuring that you accurately report all donations for tax purposes or provide the necessary information to your donors for tax purposes, as applicable.

The Site is not meant for use by children under the age of 13. If you are under the age of 13, we ask that you do not submit any Personal Information (as defined in the Privacy Policy) to us and use this Site only under the supervision of a parent or guardian. Furthermore, the Site does not knowingly solicit or collect information about children under the age of 13. Should Owner learn that it has inadvertently collected information about a child under the age of 13, it will delete that information as soon as possible. For further information, please refer to the Privacy Policy.

If you are the parent or guardian of a minor, you may wish to make use of parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from OnGuard Online (http://onguardonline.gov/) and Common Sense Media (https://www.commonsensemedia.org/). Please note that Owner does not endorse any of the products or services listed on such sites.

If you create an account on the Site, including an Activist Account, you will be asked to create a password. You are responsible for making sure that you create a secure password and for maintaining the security of your password. You are fully responsible for all actions taken by any person who is logged into your account.

Your failure to comply with the terms, conditions, and notices on the Site will result in automatic termination of any rights granted to you, without prior notice, and you must immediately destroy all copies of downloaded materials in your possession or control. Except for the limited permission in the preceding paragraphs, Owner does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.

Posting Guidelines

Owner provides the Site in order to provide a forum for activists to find one another, donate to causes, and coordinate their action. Owner is not responsible for content posted by users, and you acknowledge and agree that Owner may not share the views of users of the Site.

If you choose to post content to the Site via comment sections or other methods (a “Post”), Owner may, but is not obligated to, display your Post. Owner does not and cannot review all Posts, nor does it take on the obligation to do so under these Terms of Use; nevertheless, Owner reserves the right to, but is not obligated to, remove or refuse to publish any Post at any time in its sole discretion, including but not limited to for violations of these Terms of Use or any representation or warranty contained in these Terms of Use.

By submitting any Post to the Site, you:

  1. Agree to grant to Owner an unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, fully sublicenseable, non-exclusive license to use, copy, reproduce, publish, upload, post, transmit, distribute, modify, delete from, add to, create derivative works of, publicly perform, publicly display, and otherwise freely use such Post for any reason, including but not limited to advertising and promoting the Site (including, for example, through screen shots and blogs) and/or our products and services in any format and through any channel now existing or created in the future. You acknowledge that these uses may be commercial in nature and may associate your Post with a particular advertiser or cause.
  2. Waive any applicable moral rights in your Post.
  3. Represent and warrant that you are the sole owner and author of the Post, or that you are otherwise authorized to submit the Post and give the license granted in paragraph 1 above.
  4. Represent and warrant that Owner’s publication of the Post does not violate any intellectual property rights, publicity rights, privacy rights, contractual rights, or other rights of any person or entity, and that the information contained in the Post is accurate.

No Post may contain any content that is unlawful, harmful, violent, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic or sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable law. No Post may contain the personal information of any third party, including but not limited to home address, personal email address, or home telephone number, if not a matter of public record; or any Social Security numbers, other government-issued identifying numbers, or financial account numbers whatsoever. No Post may contain spam, viruses, Trojans, worms, or other harmful content designed to damage the Site or the computer or other internet access device of other visitors to the Site. Owner reserves the right to determine whether any Post violates these Terms of Use in its sole discretion, and to take action to remedy any violation of these Terms of Use, including but not limited to removal of the offending Post, revocation of your right to access and use the Site, and pursuit of legal remedies.

DIrect Messages

You may not use the direct-messaging interface to send content to other users of the Site that is 1) spam or other unwanted direct solicitation; or 2) violates any of the terms governing Posts, above.

Disclaimers Regarding Content

Owner does not provide all of the content on the Site. Some content is provided by third parties such as other users of the Site or third-party websites. Owner is not responsible for any third-party content. Regardless of source, information on the Site is not promised or guaranteed to be correct, current, or complete, and the Site may contain inaccuracies or typographical errors. Owner assumes no responsibility (and expressly disclaims responsibility) for updating the Site to keep information current or to ensure the accuracy or completeness of any posted information. If you believe any information on the Site is inaccurate or incomplete, please let Owner know by contacting errors@actworthy.org.

Owner provides no assurances that any reported problems will be resolved, even if Owner elects to provide information with the goal of addressing a problem.

Confidential Information and Submissions

The Site does not collect confidential information from you, except to the extent that you submit it via email, Post, or other means. Owner does not want to receive confidential or proprietary information from you through the Site, email, Post, or other means. Therefore, any information or material sent to Owner via any means of communication (a “Submission”) will be deemed NOT to be confidential. By sending Owner any Submission, you grant Owner unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully paid-up, fully sublicenseable, non-exclusive license to use, copy, reproduce, publish, upload, post, transmit, distribute, modify, delete from, add to, create derivative works of, publicly perform, publicly display, and otherwise freely use such Submission for any reason, including but not limited to advertising and promoting the Site (including, for example, through screen shots and blogs) and/or Owner’s products and services in any format and through any channel now existing or created in the future. You acknowledge that these uses may be commercial in nature and may associate your Submission with a particular advertiser or cause. You also agree that Owner is free to use any ideas, concepts, know-how, or techniques that you send Owner for any purpose, without compensation of any sort. However, Owner will not release your name or otherwise publicize the fact that you submitted materials or other information to Owner unless: (a) Owner obtains your permission to use your name; or (b) Owner first notifies you that the materials or other information you submit to a particular part of the Site will be published or otherwise used with your name on it; or (c) Owner is required to do so by law.

Outside Websites

The Site may provide links or references to other websites and resources. Owner does not own or control these third-party websites, and these Terms of Use do not apply to them. Owner makes no representations, warranties, or other commitments whatsoever about any third-party websites resources that may be referenced, accessible from, or linked to or from the Site. A link to a third-party website does not mean that Owner endorses the content or use of such website or its owner. In addition, Owner is not a party to or responsible for any transactions you may enter into with third parties, even if you learn of such parties (or use a link to such parties) from the Site. Accordingly, you acknowledge and agree that Owner is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

When you access a third-party website, even one that may contain the RZST or ActWorthy name or logo, please understand that it is independent from Owner, and that Owner does not control the content on that website. It is up to you to take precautions to protect yourself from viruses, worms, trojan horses, and other potentially destructive programs, and to protect your information as you deem appropriate.

Intellectual Property

The collections and information featured on the Site are produced, distributed and owned by Owner or its licensors. The images and information published on this site are the intellectual property of Owner or its licensors. You acknowledge that this content is protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. Owner owns a copyright in the selection, coordination, arrangement, and enhancement of such intellectual property. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Owner intellectual property, in whole or in part.

The ActWorthy logo, and any taglines, the RZST name, and the ActWorthy name are trademarks of Owner. These, along with any other trademarks, service marks and logos used and displayed on the Site are registered and unregistered trademarks of Owner. Nothing on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the Site, without the prior written permission of Owner. Owner aggressively enforces its intellectual property rights to the fullest extent of the law. Fair use of Owner’s trademarks requires proper acknowledgment. Other product and company names mentioned in the Site, if any, may be the trademarks of their respective owners. All rights reserved.

DMCA Take-Down Notices

If you are a copyright owner or an agent thereof and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
  3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  5. a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Owner a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notification and counter-notification pursuant to the DMCA should be submitted to:

Brandon Ross Katz, P.O. Box 2878, Iowa City, IA 52244, brosskatz@actworthy.org

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice or counter-notice may not be valid. Owner encourages you to consult with your attorney before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

Disclaimer of Warranty

USE OF THIS SITE IS AT YOUR SOLE RISK. ALL MATERIALS, INFORMATION, SERVICES AND PRODUCTS ARE PROVIDED “AS IS,” WITH NO WARRANTIES OR GUARANTEES WHATSOEVER. OWNER EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, GUARANTEES, OR REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY AND INTELLECTUAL PROPERTY RIGHTS. WITHOUT LIMITATION, OWNER MAKES NO WARRANTY OR GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, CORRECT, COMPLETE, TIMELY, SECURE, OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED.

YOU UNDERSTAND AND AGREE THAT IF YOU OBTAIN MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, YOU DO SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY RESULT, INCLUDING LOSS OF DATA OR DAMAGE TO YOUR COMPUTER SYSTEM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT WILL OWNER BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE SITE OR ANY USE OF THE SITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE SITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF OWNER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OWNER BE LIABLE FOR DAMAGES IN EXCESS OF THE AMOUNT YOU HAVE PAID TO ACCESS AND USE THE SITE. THIS EXCLUSION AND LIMITATION OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

Subpoenas and Legal Action

Owner believes that users of the Site should be able to exercise their rights to take non-violent and non-discriminatory political action without fear of repercussions from government actors. Owner will, as stated in the FAQ, take action to oppose legal processes that it believes violate these values to the extent reasonably possible under the circumstances. Owner may also, in its sole discretion, inform users of requests for information relating to their accounts as reasonably possible under the circumstances and to the extent permitted under applicable law. Owner reserves the right to determine in its sole discretion whether a particular legal process violates its values and whether taking a particular action to oppose such legal action is reasonably possible under the circumstances. This paragraph does not grant users of the Site any rights to compel Owner to take any legal action or disclose any information.

Disputes

You agree that these Terms of Use, the Terms, and your use of the Site are governed by the laws of the State of Iowa, without regard to conflict of law principles. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Johnson County, Iowa, or the Southern District of Iowa, as applicable, in all disputes arising out of, relating to, or concerning the Site and/or these Terms of Use. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of this agreement, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. Owner has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements, and you agree not to access the Site in any such jurisdiction. Any use in contravention of this provision or any provision of this agreement is at your own risk and, if any part of this agreement is invalid or unenforceable under applicable law, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall govern such use.




Last Updated
January 5th, 2018