DIVIDED WE FALL TERMS OF USE
Updated April 15, 2024
Welcome to Divided We Fall®, a District of Columbia nonprofit corporation. These Terms of Use relate to the use of our website, www.dividedwefall.org (the “Site”). Please take a moment to review these Terms of Use, which represent an agreement between Divided We Fall® (also referred to as “we”) and you, the end user (referred to herein as “you” or the “user”). By using, visiting or accessing the Site, you signify your acceptance of, and agree to be bound by, these Terms of Use, our Privacy Policy and our Copyright Policy, which explains our use of your information. (These Terms of Use, Privacy Policy and Copyright Policy are sometimes referred to collectively as the “Policies.”) If you do not agree to be bound by the Policies, please immediately discontinue your use of the Site. Please know that we may amend any of these Policies at any time and from time to time. When we update these Policies, we will revise the “Effective Date” date and post the new Policies. After we post any changes on this page, your continued use of the Site is subject to the updated Terms of Use. If we make a significant or material change in the way we collect, use or share your personal information, we will notify you at least 30 days prior to the changes taking effect via a prominent notice on the Site. If you object to any change, you can stop using the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the bottom of this page.
Acknowledgment of Proprietary Rights: The materials published on the Site, including text, images and illustrations (which we call the “Content”), are protected by copyrights, trademarks, service marks and/or other proprietary rights and laws of the United States or other countries. You acquire no rights or licenses to the Content other than the limited rights to use it in accordance with these Terms of Use, and you agree to abide by all posted copyright notices or restrictions relating to the Content. Except as provided in the next paragraph and/or permitted by fair use principles, you may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Content.
You may download or copy the Content and other downloadable items displayed on the Site for personal use only, provided that you keep intact all copyright and other notices contained therein. Copying or storing of the Content for other than personal use requires the prior written permission of Divided We Fall, or the copyright holder identified in the copyright notice associated with the Content. Such permission shall not be unreasonably withheld, so long as a link to the Content on the divdedwefall.org site is prominently displayed. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
The trademarks of Divided We Fall®, including its name and associated logos thereof (collectively, the “Trademarks”), represent the source and goodwill associated with our organization and its services and activities. You cannot use our Trademarks without written permission. For written permission, please contact us at info@dividedwefall.org.
Copyright and Intellectual Property Policy: Divided We Fall is committed to respecting the intellectual property rights of authors and creators and we require that users of the Site do the same. If you believe that material made available through the Site violates your copyright or that of someone on whose behalf you are authorized to act, please follow the procedures set forth in our Copyright Policy.
Communications and User Generated Content: Any content that you make available through the Site, including content provided by our Contributors, is referred to as “User Generated Content.” We will not publish your User Generated Content without your express approval. Divided We Fall has the right, prior to publishing your User Generated Content, to edit it for such purposes as, for example, compliance with space limitations or to remove content that is inflammatory or irrelevant to the topic. The term “User Generated Content” will apply to such edited content as approved by you.
By making available User Generated Content, you represent and warrant that you own or have the necessary licenses, rights, consents and permissions (including without limitation, the permission of each and every individual person identified or identifiable in any User Generated Content), to use and authorize Divided We Fall to use all copyright, patent, trademark, trade secret or other proprietary rights (including the name, voice and/or likeness rights of each identifiable person), in and to your User Generated Content and to enable inclusion and use on the Site. We reserve the right to ask you to sign a brief certification to confirm the original and non-infringing nature of your User Generated Content and the terms under which your User Generated Content may be shared on third-party websites.
You retain all ownership rights in and to your User Generated Content. However, by making the User Generated Content available to us, you grant us a non-exclusive, universe-wide, perpetual, royalty-free, sublicensable and transferrable license to use, distribute, reproduce, prepare derivative works of, display and perform all User Generated Content in any media formats and through any media channels now existing or hereafter created without compensation to you for purposes of delivering the Site’s services and promoting the same. Subject to such restrictions as you may expressly impose, you also hereby grant each user of the Site a non-exclusive license to access your User Generated Content through the Site, and to use, reproduce, distribute, display and perform such User Generated Content as permitted through the functionality of the Site and under these Terms of Use. Except as otherwise stated in these Terms of Use, we will not use your User Generated Content for any commercial purposes without obtaining your prior approval.
YOU AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT IS DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT OR OBJECTIONABLE, OR OTHERWISE INFRINGES UPON ANOTHER’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS UNDER THE LAWS PERTAINING TO COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY AND/OR PUBLICITY. YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT INCLUDES CONFIDENTIAL INFORMATION THAT YOU DO NOT HAVE THE RIGHT TO DISCLOSE.
YOU FURTHER AGREE THAT YOU WILL NOT USE ANY ASPECT OF THE SITE FOR ANY COMMERCIAL PURPOSE.
Divided We Fall® holds itself to the highest standard of editorial and brand consistency. We believe people should respect differing views and engage in healthy conversation, but Divided We Fall is not a news outlet for partisan shouting matches. Users agree to express differing opinions while maintaining the civil and respectful spirit of Divided We Fall. Writers, editors, users, and contributors accept the condition of using a tone of civility, professionalism, and tolerance that is the hallmark of our brand. Our platform is not the place for DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, or INDECENT works of partisanship.
You can remove your User Generated Content at any time by sending a notice to info@dividedwefall.org.
Disclaimer of Liability for User Generated Content
When using the Site, you will be exposed to User Generated Content from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Generated Content.
Divided We Fall® does not endorse any User Generated Content or any comments or other content contained therein or associated therewith, and expressly disclaims any and all liability in connection with User Generated Content.
Divided We Fall reserves the right to remove User Generated Content without prior notice, and we will take such steps as are required by law or otherwise reasonable and necessary to resolve any complaint from a third party alleging that such party’s intellectual property rights have been infringed by User Generated Content or other Content. For more information, see our Copyright Policy.
Third-Party Links: Links to third-party sites are provided as a convenience, and we are not responsible for the content of any website accessed by a link from the Site and do not recommend or endorse the use of any third-party services.
You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including, without limitation, any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
You are permitted to link to our Site so long as no statement implies or suggests that we are a partner with you, your organization or business without our express written approval. While there is no obligation to do so, we appreciate you informing us that you are adding our link to your site by contacting us with your web address.
Indemnification: You hereby agree to defend, indemnify and hold harmless the Site, and its affiliates and their respective members, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorneys’ fees) due to or arising out of your use of the Site in violation of any of these Terms of Use.
Governing Law: The laws of the District of Columbia shall govern this agreement. Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in Superior Court or federal court located in the District of Columbia and no other venue. You and we agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
No Warranty; Limitation on Liability: YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVIDED WE FALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION OR THAT THE SITE IS VIRUS-FREE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Miscellaneous Provisions: These Terms of Use, together with the Privacy Policy and Copyright Policy, constitute the entire agreement between Divided We Fall® and its users. If any portion of these Terms of Use is found to be invalid or unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining terms and conditions, which shall remain in full force and effect. In the event that Divided We Fall® fails to enforce any of these terms and conditions, such failure does not constitute a waiver. Moreover, any explicit waiver made by Divided We Fall as to any term or condition does not constitute a waiver of any other term or condition.
If you have questions concerning these Terms, please contact us at info@dividedwefall.org.
Effective Date: March 16, 2019
Last updated Date: April 21, 2024