3. Redistribution and Redisplay of Content. You may also link to NarrativesofHope.org, use our RSS feeds, embeddable video player, and/or offline video downloads for educational use. Links or other display must always be accompanied by a prominent source link back to the Site on the pages containing the content.
4. Intellectual Property. The Content of this Site are protected by United States copyright and trademark law, international conventions, and other applicable laws. All materials contained in the Site are the intellectual property of NOH. All trademarks, service marks, and trade names are proprietary NOH.
5. Contributions to the Site (collectively “User Submissions”). Some areas of the Site allow you to upload User Submissions. By sharing any User Submission (including any text, photographs, graphics, video or audio) with NOH you agree to grant to NOH, free of charge, a non-exclusive right to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons) but only in connection with the website. All User Submissions are posted under a Creative Commons Attribution-NonCommercial-NoDerivs License which means you let others copy, distribute, display, and perform only verbatim copies of your work, not derivative works based upon it, only if they give you credit and for noncommercial purposes only. If you prefer to allow users to make and distribute derivative works of your User Submission, you must specifically note that your User Submission is subject to the Share Alike provision of the Creative Commons License. User's use of Submissions from this site are also subject to the Creative Commons Attribution-NonCommercial-NoDerivs License, which may be found here.
a. Copyright in your User Submission will remain with you.
b. You acknowledge and agree that the materials submitted by you are being sent voluntarily, and not in confidence, and that no confidential relationship is intended or created between NOH and you by your submission of the materials submitted by you.
c. In order that NOH can use your contribution, you confirm that your User Submission is your own original work, is not defamatory and does not infringe any U.S. laws, that you have the right to give NOH permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution including the consent of a parent / guardian if anyone featured is under 18. User Submissions that include images or video should not contain any visible logos, drawings, cartoons, phrases, trademarks, or other third-party materials. If a User Submission includes any third-party materials (including but not limited to, any copyright, trademark, logo, or mark that identifies a brand), the owner of such trademark, brand, copyright, logo, and so on, may insist that his trademark, brand, copyright, logo, and so on, be removed from the site. NOH accepts no responsibility whatsoever in connection with or arising from such User Submissions.
d. NOH does not endorse and has no control over the content of User Submissions. Any content or point of view in any User Submissions may not be attributed to NOH, including without limitation any legislative lobbying communication or any expression for or against any candidate for public office. User Submissions are not necessarily reviewed by NOH prior to posting and do not necessarily reflect the opinions or policies of NOH. NOH makes no warranties, express or implied, as to the content of the User Submissions or the accuracy and reliability of any User Submissions. Nonetheless, NOH reserves the right to prevent you from submitting User Submissions and to edit, restrict, or remove such User Submissions for any reason at any time.
e. NOH assumes no responsibility for actively monitoring User Submissions for inappropriate content. If at any time NOH chooses, in its sole discretion, to monitor the User Submissions, NOH nonetheless assumes no responsibility for the content of the User Submissions, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the user submitting any User Submission. In submitting User Submissions, you agree to strictly limit yourself to exchanges about the subject matter for which the User Submissions are intended. You agree that NOH accepts no liability whatsoever if it determines to prevent your User Submissions from being submitted or if it edits, restricts, or removes your User Submissions. You also agree to permit any other user of this Site to access, view, store, or reproduce the material for that other user's personal, non-profit use and not to restrict or inhibit the use of the Site by any other person.
f. Children under the age of 13 are not authorized to have Narratives of Hope.org accounts or make User Submissions.
6. Communications. You agree that your activities on the Site (including without limitation User Submissions or any of your Posted Material) will not:
a. infringe NOH or any third party's copyright, trademark, trade secret, or other proprietary rights or rights of publicity or privacy (and by submitting Messages to Forums or any of your Posted Material, you represent to NOH that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner).
b. reveal trade secrets or any information that you have agreed, expressly or by implication, to keep confidential.
c. constitute (or encourage conduct that would constitute) a criminal offense, gives rise to civil liability, or otherwise violate any local, state, national, or international law or create liability for NOH or cause NOH to lose (in whole or in part) the services of our ISPs or other suppliers.
d. transmit content NOH considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, or racially, ethnically, or otherwise objectionable.
e. impersonate or claim the identity, characteristics, or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate, or misleading.
f. unless specifically authorized by us, be for commercial purposes or contain advertising or be intended to solicit a person to buy or sell services or to make donations, including spam or any other form of solicitation or promotion, or link to, directly or indirectly, any sites that violate the restrictions set forth in this Section.
g. constitute, contain, or encourages make-money-fast-type messages, chain letters, or pyramid schemes of any type.
h. contain any virus or other harmful component or any other potentially damaging content or otherwise disrupt the normal flow of communication in or operation of the Site in any way or take any action that imposes an unreasonable or disproportionately large load on NOH's infrastructure, including without limitation denial-of-service attacks.
i. attempt to circumvent user authentication or the security of any user account or use any robot, spider, or other automatic device or manual process to monitor or copy the Site's Web pages or any of the materials contained in them.
j. be libelous, or constitute an invasion on privacy or publicity rights.
k. include any direct or implied suggestion that the reader or viewer should contact any person to urge them to take any action with respect to legislation or a legislative proposal, or include material suggesting that the reader or viewer support or oppose any candidate in an election for public office.
7. Links. This Site includes links to other Internet sites solely as a convenience to users. NOH does not endorse any such linked sites or the information, material, products, or services contained on other linked sites or accessible through other linked sites. Furthermore, NOH makes no express or implied warranties with regard to the information, material, products, or services contained on or accessible through linked sites. Access and use of linked sites, including information, material, products, and services on linked sites or available through linked sites is solely at the user's own risk.
8. No Consequential Damages; Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL NOH BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OR THE INABILITY TO USE THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY OF THE SITE CODE, ON THIS SITE OR ANY OTHER INTERACTIONS WITH NOH, EVEN IF NOH OR A NOH-AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. Termination. In addition to all the legal and equitable rights and remedies available to NOH in connection with the use by you of the Narratives of Hope submitted materials, you acknowledge and agree that NOH shall have the right, in its sole discretion, not to post any of the materials submitted by you on the Site or on any Web site, to remove such materials from any Web site on which it has been posted, and not to use, exhibit, or otherwise exploit the materials submitted by you in any manner whatsoever.
12. Disclosures. The services hereunder are offered by NOH, which may be contacted care of Adler & Colvin, 235 Montgomery Street, Suite 1220, San Francisco, California 94104. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
13. Copyright-Infringement Policy; Notice of Copyright-Infringement Claims
Digital Millennium Copyright Act, Safe Harbor Notice Provisions
It is the policy of NOH to respect the intellectual property of others. If you are alleging that copyrighted material may have been or is being infringed with respect to any items on the Site, you may notify NOH pursuant to the U.S. Online Copyright Infringement Liability Limitation Act of the U.S. Digital Millennium Copyright Act, 17 U.S.C. §512 (c), by sending a notice to the address listed below.
Such notice must include the following to be effective:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
b. Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
c. 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 NOH to locate the material.
d. Information reasonably sufficient to permit NOH to contact you, such as an address, a telephone number, and, if available, an email address at which you may be contacted.
e. 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.
f. 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.
Designated Agent for All Notices
All written notices should be sent to the following Designated Agent:
Adler & Colvin
235 Montgomery Street
San Francisco, CA 94101
Fax: (415) 421-7555
Latest Update: 10/20/17