Effective as of June 19, 2012
The following describes the terms under which Next 10 ("Next 10," "we," "our," or "us") provides the next10.org and budgetchallenge.org websites (the "Next 10 Service" or the "Service") to visitors.
Changes and Modifications. Next 10 reserves the right, at its sole discretion, to change, modify, add, or remove portions of this Agreement at any time. Such changes will become effective thirty (30) days after they have been posted to this site or Next 10 has otherwise notified you of the change. Though Next 10 may attempt to notify you when major changes are made to this Agreement, you should periodically review the most recent version of this Agreement, which is always available from a link in the footer of each webpage within the Service. Your continued use of the Service following the posting of changes will mean that you accept and agree to those changes. As long as you comply with this Agreement, Next 10 grants you a limited, revocable, non-exclusive, non-assignable, non-sublicensable right to access and use the Service as it is intended to be used and in accordance with this Agreement and applicable law. We grant you no other rights or licenses, implied or otherwise.
Links to Other Sites. The Service may contain links to other affiliated or independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under Next 10’s control, and Next 10 is not responsible for – and does not necessarily endorse the content or practices of – such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. DESCRIPTION OF SERVICES
General Description. Next 10 Service is focused on innovation and the intersection between the economy, the environment, and quality of life issues for all citizens. We create tools and provide information that fosters a deeper understanding of the critical issues affecting all citizens. Through education and civic engagement, we hope citizens will become empowered to affect change.
3. CONDITIONS OF USE
As a condition of use, you agree to the following:
4. YOUR CONTENT
Portions of the Service allow visitors to provide User Content to Next 10. For example, a challenge posted to the Service may allow those who participate to leave comments regarding the challenge itself or the issues underlying the challenge. When you upload, or otherwise provide, your own original User Content to or through the Service, you retain ownership of any copyright (and any other rights) you hold in your User Content. You also represent and warrant – with respect to all User Content that you upload, transmit, publish, and disseminate through the Service – that (a) you have all the rights and licenses necessary to use, reproduce, publish, display publicly, perform publicly, distribute, and/or otherwise exploit such User Content in connection with the Service, and to grant to Next 10 the rights and licenses set forth in this Agreement; and (b) the User Content will not infringe or otherwise violate the copyright, trademark, or any other right of any third party.
By submitting User Content as set forth above, you agree to grant – and hereby do grant – to Next 10 and its successors, assigns, and third party service providers a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable, and transferable license to use, reproduce, modify, create derivative works based on, distribute, publicly display, and publicly perform the User Content in any medium and by any means currently existing or yet to be devised. This license shall include, but in no way be limited to, Next 10’s publication, at its sole discretion, of your User Content to any location within the Next 10 Service.
5. COPYRIGHT POLICY
If you believe that Next 10, or any user of the Service, has violated a copyright you claim in your work, please contact us pursuant to the Digital Millennium Copyright Act ("DMCA") at firstname.lastname@example.org and review our copyright policy, available at http://next10.org/copyright-policy, for more details on how to properly notify us of a DMCA issue.
6. NEXT 10’S INTELLECTUAL PROPERTY
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, content, and computer code (collectively, "Next 10 Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel," and arrangement of such Next 10 Content, contained in the Service is owned, controlled, or licensed by or to Next 10, and is protected by trade dress, copyright, patent, and/or trademark laws, and various other intellectual property and other rights. Your User Content (as defined above) is owned by you, and is not Next 10 Content.
Except as expressly provided in this Agreement or otherwise permitted by law, no Next 10 Content may be used, copied, reproduced, modified, republished, uploaded, posted, publicly displayed, publicly performed, publicly performed by means of a digital audio transmission, encoded, translated, transmitted, or distributed in any way to any other computer, server, website, or any other medium for publication or distribution or for any commercial enterprise or purpose, without Next 10's express prior written consent.
7. VIOLATION OF THIS AGREEMENT - TERMINATION
You agree that Next 10 may, in its sole discretion and without prior notice, terminate your access to the Service and/or block your future access to the Service if it determines that you have violated this Agreement or any other agreements or guidelines that may be associated with your use of the Service.
If Next 10 does take any legal action against you as a result of your violation of this Agreement, Next 10 will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Next 10. You agree that Next 10 will not be liable to you, or to any third party, for termination of your access to the Service.
Any rights or licenses you grant to Next 10, or its visitors, during the term of this Agreement – including, but not limited to, the license granted in connection with your publication of User Content – shall survive termination of this Agreement.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXT 10 AND ITS SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND LICENSORS (THE "NEXT 10 AFFILIATES") EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ANY WARRANTY OR CONDITION ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. NEXT 10 AND THE NEXT 10 AFFILIATES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) USER CONTENT WILL BE HOSTED AND/OR DISTRIBUTED THROUGH THE SERVICE; (iv) ANY PRODUCTS, WEBSITES, INFORMATION, OR OTHER MATERIAL, WHETHER IN TANGIBLE OR INTANGIBLE FORM, PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE, WILL MEET YOUR EXPECTATIONS OR ANY STANDARD OF QUALITY; AND (v) ANY DEFECTS IN THE OPERATION OR FUNCTIONALITY OF THE SERVICE OR RELATED SOFTWARE WILL BE CORRECTED.
ANY MATERIAL, INFORMATION, OR DATA DOWNLOADED, VIEWED, SHARED, OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO YOUR COMPUTER SYSTEM, OR LOSS OF DATA, THAT RESULT FROM THE DOWNLOADING FROM, VIEWING, SHARING, OR OTHERWISE ACCESSING THE SERVICE. NO ADVICE, REPRESENTATION, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXT 10 ON OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE, INCLUDING USER CONTENT, IS SOLELY THE OPINION OF THE PARTY RESPONSIBLE FOR ITS CREATION. NO SUCH CONTENT, INCLUDING USER CONTENT, AND NO STATEMENT MADE BY, ON, OR THROUGH THE SERVICE SHALL BE ATTRIBUTABLE TO NEXT 10 OR THE NEXT 10 AFFILIATES.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEXT 10 AND THE NEXT 10 AFFILIATES WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES THAT MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY LOSS OF PROFITS, GOODWILL, OR BUSINESS REPUTATION; ANY LOSS OF DATA; ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; OR ANY OTHER INTANGIBLE LOSSES. THIS ALSO INCLUDES ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF (i) ANY CONTENT MADE AVAILABLE THROUGH THE SERVICE; (ii) ANY CHANGES THAT NEXT 10 MAY MAKE TO THE SERVICE; (iii) ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICE; OR (iv) THE DELETION OR CORRUPTION OF, OR FAILURE TO STORE, ANY USER CONTENT MAINTAINED THROUGH THE SERVICE. THE LIMITATIONS AND EXCLUSIONS OF LIABILITY ABOVE SHALL APPLY IRRESPECTIVE OF THE THEORY OF LIABILITY, INCLUDING CONTRACT (INCLUDING FUNDAMENTAL BREACH), WARRANTY, PRODUCT LIABILITY, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), OR OTHER THEORY EVEN IF WE (OR OUR AFFILIATES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU SPECIFICALLY ACKNOWLEDGE THAT NEXT 10 AND THE NEXT 10 AFFILIATES SHALL NOT BE LIABLE FOR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND, IN SUCH INSTANCES, THE LIABILITY OF NEXT 10 AND THE NEXT 10 AFFILIATES WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree to indemnify and hold Next 10 and/or the Next 10 Affiliates harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by Next 10 and/or the Next 10 Affiliates in connection with any User Content which you publish or disseminate using the Service or any claim arising out of your breach of this Agreement. Next 10 reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
12. GENERAL TERMS
Entire Agreement. This Agreement is the whole legal agreement between you and Next 10. It governs your use of the Service and completely replaces any prior agreements between you and Next 10 with respect to the Service. You may also be subject to additional terms and conditions that may apply when you use or purchase other services from Next 10 and/or its affiliated services.
Governing Law. You agree that all matters relating to your access to or use of the Service, including all disputes, will be governed by the laws of the United States and by the laws of the State of California without regard to its conflicts of law provisions. You agree to the personal jurisdiction by, and venue in, the State and Federal courts located in San Francisco County, California, and waive any objection to such jurisdiction or venue.
Dispute Resolution. In the event of any controversy or dispute between Next 10 and you arising out of, or in connection with, your use of the Service, Next 10 will attempt, promptly and in good faith, to resolve the dispute. If Next 10 is unable to resolve any such dispute within a reasonable time, each party to this Agreement agrees that any dispute or controversy arising between any of the parties to this Agreement, or any person or entity in privity therewith, out of the transactions affected and relationships created pursuant to this Agreement and any/all other agreement created in connection herewith – including any dispute or controversy regarding the formation, terms, or construction of this Agreement – regardless of kind or character, shall be submitted to non-binding arbitration administered by the American Arbitration Association under its Non-Binding Arbitration Rules for Consumer Disputes and Business Disputes before the parties may initiate arbitration, litigation, or some other type of dispute resolution process. In any such proceeding, Next 10, in its sole discretion, shall choose the arbitrator or arbitration panel. Each party to this Agreement agrees to submit such dispute or controversy to arbitration before the American Arbitration Association in San Francisco County, California. Any party to this Agreement may bring an action, including a summary or expedited proceeding, to compel arbitration of any such dispute or controversy in a court of competent jurisdiction and, further, may seek provisional or ancillary remedies, including temporary or injunctive relief in connection with such dispute or controversy in a court of competent jurisdiction. After the completion of non-binding arbitration, as outlined herein, any party to this Agreement may bring action in the state and federal courts located in San Francisco County, California. In any proceeding under this section of the Agreement, the non-prevailing party shall bear all costs, including reasonable attorneys' fees.