Dear Resolution Project User,
Use of The Resolution Project Content:
The Resolution Project website (the “Site”) and materials contained within the Site are intended solely for our members’ personal, non-commercial use. This means you cannot take Content or material that you did not create from the Site and repost or redistribute that Content or material in another location, whether on the internet or offline. You may not use the Site to sell a product or service, or to increase traffic to your own web site for commercial reasons, including, but not limited to, for viewing the advertising that may exist on your site. If you want to make commercial use of the Site you must enter into a written agreement with the Resolution Project to do so in advance, and abide by our commercial use policy as well as add something of value back to our community. Please contact us for more information.
You may be required to register with the Resolution Project in order to access certain Services or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or e-mail address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion.
User Names and Passwords:
Your user name and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify the Resolution Project of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
Personally Identifiable Information:
Your Submissions to the Site:
You are solely responsible for the Material that you and anyone using your username contribute to the Resolution Project. You agree that any submission you make to the Site is not confidential, inappropriate or protected by any privacy or intellectual property laws. You also agree that misrepresentation of information, or extreme exaggeration of achievements, constitutes fraud, putting the trust of the community at risk, and will lead to your account being closed.
For purposes of clarity, you will retain ownership of any materials that you submit through the Site (each, a “Submission”). You hereby grant to the Resolution Project, the Affiliated Entities and their designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you: (a) to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), create derivative works of, transmit, publicly display and publicly perform such Submission, in any media now known or hereafter developed, for the Resolution Project’s and the Affiliated Entities’ non-profit purposes, and (b) to sublicense the foregoing rights, through multiple tiers of distribution (i.e., viral media), to the maximum extent permitted by applicable law. For each Submission, you represent and warrant that you have all rights necessary for you to grant the license granted in this section, and that such Submission, and your provision thereof to and through the Site, complies with all applicable laws, rules and regulations.
Our Right to Contact You:
You agree that we have the right to communicate with you by e-mail to send you noncommercial messages about your account. We will not send you unsolicited commercial e-mail. You understand and agree that as part of the normal day-to-day functioning of the Site, you may receive certain communications from the Resolution Project, such as account creation confirmations, invitation requests, private message receipts, administrative announcements, and the like. You may be able to opt out of many of these communications, but not from messages critical to your privacy and security, or the privacy and security of other members.
The Site may provide links to other web sites and online resources. Because the Resolution Project has no control over such sites and resources, you acknowledge and agree that neither the Resolution Project nor the Affiliated Entities are responsible for the availability of such external sites or resources, and neither Resolution Project nor the Affiliated Entities endorse or are responsible or liable for any content, advertising, products or other materials on or available through such sites or resources. Other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that the Resolution Project and the Affiliated Entities do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.YOU AGREE THAT YOUR USE OF THIRD PARTY WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES.The Resolution Project shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.
We reserve the right in our sole discretion to refuse to post or to delete materials, including your Materials, from the Site without notification or recourse. There are two primary applications of this right. First, just as we are constantly adding new functions within the Site, we are similarly removing obsolete or redundant components. Second, as we are facilitating communication and the sharing of information, we are removing material that is detrimental to these goals, creates mistrust or otherwise offends our membership, in our own view or in the view of other members as reported to us. Furthermore, we retain the right to keep back-up copies of any materials we delete from the Site.
Digital Millennium Copyright Act:
If you are a copyright owner or an agent thereof and believe that any content posted by a user of this Site infringes upon your copyright, 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 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;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- 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
- 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.
The Resolution Project’s designated Copyright Agent to receive notifications of claimed infringement is: The Resolution Project. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your posting that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your posting, you may send a counter-notice containing the following information to the Copyright Agent:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, the Resolution Project may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Suspension and Expulsion of Members:
This Agreement is effective until terminated. The Resolution Project, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if the Resolution Project believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Actions that are detrimental to the Resolution Project such as spamming or issuing abusive remarks aimed at other members or groups in the Resolution Project can lead to temporary or permanent expulsion from the Resolution Project. While we retain this right, the Resolution Project shall have no responsibility to exercise it or otherwise moderate disputes between members. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that the Resolution Project may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Resolution Project and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Limitations of Liability and Disclaimer of Warranties:
THE SITE AND ANY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION, ARE PROVIDED TO YOU “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR, ALL RISKS ASSOCIATED WITH THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE (INCLUDING ANY THIRD PARTY CONTENT SUBMITTED). THE RESOLUTION PROJECT AND THE AFFILIATED ENTITIES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY PRODUCT, SERVICE (INCLUDING WITHOUT LIMITATION, THIRD PARTY PRODUCTS AND SERVICES) OR MATERIALS OBTAINED THROUGH THE SITE, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE.
NEITHER THE RESOLUTION PROJECT NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SITE, OR UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES. IN PARTICULAR, AND WITHOUT LIMITATION, NEITHER THE RESOLUTION PROJECT NOR ANY AFFILIATED ENTITY WILL BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY MATERIALS POSTED ON THE SITE BY THE RESOLUTION PROJECT OR ANY THIRD PARTY. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE MAXIMUM LIABILITY OF THE RESOLUTION PROJECT FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE RESOLUTION PROJECT TO ACCESS AND USE THE SITE.
While we try to maintain the integrity and security of the Site and the servers from which the Site is operated, we do not guarantee that the Site will be or remain secure, complete or correct, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any unauthorized third party alteration to the Site, contact us by e-mail at email@example.com or by mail at 420 Lexington Avenue, 16th Floor, New York, NY 10170, United States, with a description of the material(s) at issue and the URL or location on the Site where such material(s) appear.
The Site is controlled and operated by the Resolution Project from the United States, and is not intended to subject the Resolution Project to the laws or jurisdiction of any state, country or territory other than that of the United States. The Resolution Project does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. You are also subject to United States export controls and are responsible for any violations of such controls, including any United States embargoes or other federal rules and regulations restricting exports. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
This Agreement is effective until terminated. The Resolution Project, in its sole discretion, may terminate your access to or use of the Site, at any time and for any reason, including if the Resolution Project believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination, your right to use the Site will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that the Resolution Project may immediately deactivate or delete your password and user name, and all related information and files associated with it, and/or bar any further access to such information or files. You agree that the Resolution Project and the Affiliated Entities shall not be liable to you or any third party for any termination of your access to the Site or to any such information or files, and shall not be required to make such information or files available to you after any such termination.
Governing Law and Venue:
This Agreement is governed by and shall be construed in accordance with the laws of the State of New York, U.S.A., without regards to its principles of conflicts of law. You agree to exclusive jurisdiction by the federal and state courts located in the County of New York in the State of New York, U.S.A., and waive any jurisdictional, venue or inconvenient forum objections to such courts.
General Legal Terms:
Last revised: Tuesday, October 11, 2011.