Last Revised: June 22, 2018
Welcome to PositivePopulism (or the “Organization,” “our,” “we,” or “us”)! We provide our services through a website (the “Service”). “You,” or “your,” refers to you (or parent or legal guardian (over the age of 18) if such user is a minor in his or her state of residence) as the user of the Service or the party that you represent on whose behalf you are using the Service.
About the Service
PositivePopulism is a book promotion web site developed by Lincoln Network, Inc., a Delaware nonstock, nonprofit corporation exempt under Section 501(c)(3) of the Internal Revenue Code. This Agreement applies to all users who register for, access, and/or interact with the Service.
Eligibility to Use the Service
Registering for the Service and Creating Your User Account
We Do Not Guarantee Access to the Service at Any Given Time
We reserve the right to withdraw or amend the Service, and any feature or material we provide as part of the Service, in our sole discretion without notice. In addition, the Service may automatically download and install upgrades and updates. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period.
We Reserve the Right to Restrict Access to the Service
We reserve the right to refuse the use of or access to the Service to anyone for any reason at any time. From time to time, we may restrict access to the Service, or any portion thereof, to users, including registered users. We may, in our sole discretion, terminate your right to use the Service with or without cause at any time, and may prevent your future use of the Service. You may terminate this Agreement by simply discontinuing use of the Service.
Your Responsibilities After Termination
Your Rights to Use the Service
We Retain All Ownership of Our Intellectual Property and Other Proprietary Rights
You acknowledge and agree that the Organization and its licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks, and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners.
You May Not Use Any Part of the Service for Any Commercial Purpose
You May Not Use the Service for Any Improper Purpose
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse, or harm another person or group;
- Provide false or inaccurate information when registering for an account;
- Use the Service for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- Make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on the Service;
- Use any manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose without our prior written consent;
- Copy, adapt, modify, create derivative works of, distribute, sell, or lease any part of the Service or materials we provide as part of the Service;
- Reverse engineer or attempt to extract the source code of that software, unless applicable laws prohibit these restrictions or you have our written permission to do so; or
- Use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- Bypass any measures we take to restrict access to the Service.
- Otherwise interfere or attempt to interfere with the proper functioning of the Service;
Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us at email@example.com
We have the right to:
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service;
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS THE Organization AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
All content that you use on the Service must comply with U.S. copyright law, depending on jurisdiction. If you are the copyright owner or an agent thereof and believe, in good faith, that any materials currently being used in connection with the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to PositivePopulism’s designated copyright agent at firstname.lastname@example.org:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description 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;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit Loom to contact you, such as an address, telephone number, and/or email address;
- 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
Pricing and Billing
Links to Third Party Websites, Software, or Content
As part of the Service, we may provide you with convenient links to third party website(s) as well as content or items belonging to or originating from third parties (collectively, “Third Party Content”). These links are provided as a courtesy to Service users. The Organization has no control over Third Party Content or the promotions, materials, information, goods or services advertised by or available from Third Party Content. Such Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Organization.
We are not responsible for any Third Party Content posted on, available through or installed from the Service, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Content.
Our inclusion of, linking to, or permitting the use or installation of any Third Party Content does not imply approval or endorsement by the Organization. If you decide to leave the Service and access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third party site to which you navigate from the Service.
Email May Not Be Used to Provide Legal Notice
Communications made through the Service’s e-mail and messaging system, if and when available, will not constitute legal notice to the Organization or any of its officers, employees, agents or representatives in any situation where notice to the Organization is required by contract or any law or regulation.
You Consent to Receive Electronic Communications
http://positivepopulism.org/privacy/. You may opt out of such email by changing your account settings or sending an email to email@example.com.
We may update the content, materials, and features of the Service from time to time. Please be advised that any content contained on the Service may not necessarily be complete or up-to-date. Any of the material on the Service may be out of date at any given time, and we are under no obligation to update such material.
However, we will notify you of material changes to the terms by posting a notice in the Service and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current.
You Assume Any Risk of Using the Service
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service, or by anyone who may be informed of any of its contents.
This Service may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
The Organization is not responsible for the accuracy of the information contained within the Service, or for the consequences of any reliance on such information.
The Service is Provided “As-Is” and Without Any Warranty
THE SERVICE, AND ANY CONTENT OR INFORMATION THEREIN, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. THE Organization MAKES NO EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS REGARDING THE SERVICE OR THE USE OR PERFORMANCE OF THE SERVICE. WITHOUT LIMITING THE FOREGOING, THE Organization EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE (INCLUDING ANY CONTENT AND INFORMATION THEREIN) INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE Organization MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
You Agree the Organization Will Not be Liable
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Organization, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY FOR ANY INTERRUPTION OF THE SERVICE, LOSS OF USE, LOST SAVINGS OR OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER ARISING. Organization WILL NOT BE LIABLE FOR ANY DELAY IN ACCESSING AND/OR INABILITY TO ACCESS THE SERVICE, WHETHER DUE TO AN ACT OF GOD, ACTION BY GOVERNMENTAL ENTITY, STRIKE, NETWORK DIFFICULTY, ELECTRONIC MALFUNCTION, OR ANY RELIABILITY OR EFFECTIVENESS RELATED TO THE SERVICE. Organization MAKES NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR THAT THE SERVICE WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. Organization’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE SERVICE.
We reserve the right to change or discontinue at any time any aspect or feature of the Service. To the extent that the state in which you reside does not permit the exclusion or limitation of liability for incidental or consequential damages, the above disclaimer of warranty and limitation of liability may not apply to you.
The Service and this Agreement Will be Governed by Wisconsin Law
Any claim relating to the Service shall be governed by the laws of the state of Wisconsin, without regard to any conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to this Agreement shall be in an appropriate state or federal court located in the county of Milwaukee and state of Wisconsin. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. A printable version of this Agreement shall be admissible in any judicial or administrative proceeding.
Limitation on Time to File Claims
You agree that any cause of action related to or arising out of your relationship with the Organization must commence within ONE (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Waiver of Jury Trial and Class Action Claims
You Agree to Indemnify the Organization if you Breach this Agreement, Misuse the Service, or Violate Any Law or Rights of Any Third Party
You agree to indemnify and hold harmless the Organization, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, misuse of the Services, violation of any law, or the rights of a third party; such indemnification shall include any loss suffered by the Organization as a result of your use of the Services or your use of content provided by the Services.
This Agreement Will Be Enforceable and You Are Obligated to Comply at All Times
All notices of copyright infringement claims should be sent to the copyright agent designated firstname.lastname@example.org in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: email@example.com.
Entire Agreement & Severability
http://positivepopulism.org/privacy/ REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, AND SUPERSEDE ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.