Last Updated: August 13, 2008
1. Acceptance of Terms. The following terms apply to use of all parts of the ActivistSolutions.org site (“ActivistSolutions” or “the site”). By using the services provided on this site, you agree to be bound by all of the terms of this Agreement and the Posting Guidelines. We may update it from time to time without notice, so be sure to check back periodically. Visitors to ActivistSolutions (”you,” or “Users”) can determine whether the Terms of Service has been modified since your last visit by checking the “Last updated” legend at the top of the Agreement. By continued use of the site you indicate your agreement to continue to be bound by the terms of this Agreement as then in effect.
2. Submissions. By submitting “Content” for use on this site (problems, solutions, forum topics, comments, or any other content posted to or intended for use on the site), you give Foundation for Feedback Learning (“FFL”), its agents, contractors, and assigns, the right to display or publish that Content on the site or to use it in any other publications we may create.
3. User Obligations.
a. You are solely responsible for any Content you submit, and any consequences caused by posting or publishing Content you provide. You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify ActivistSolutions of any unauthorized use of your password or account or any other breach of security. FFL cannot and will not be liable for any loss or damage arising from your failure to maintain the confidentiality of your password or to notify us immediately of any unauthorized use of your account.
b. You agree that you will not:
(i) Submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant FFL all of the rights granted herein (If you quote or excerpt someone's content, it is your responsibility to provide proper attribution to the original author. For a clear definition of proper attribution and fair use, please see The Electronic Frontier Foundation's Legal Guide for Bloggers at this URL: http://www.eff.org/bloggers/lg/.);
(ii) Publish falsehoods or misrepresentations that could damage FFL or any third party;
(iii) Submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, a personal attack, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;
(iv) Post any private information or otherwise harvest, collect or disclose information, about another User without his or her express consent;
(v) Post endorsements of any candidate for public office; or
(vi) Post advertisements or solicitations of business.
c. You agree to comply with all local rules regarding online conduct and acceptable Content, including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
4. FFL/ActivistSolution’s Role. ActivistSolutions acts as a venue for you to post your Content. Other than screening all content after it has been published, according to the criteria described above, FFL is not responsible for the writing or decisions as to the content of its Users. As a result, FFL has no control over the quality, accuracy, or legality of the Content on ActivistSolutions. All content posted on ActivistSolutions is the sole responsibility of the person from whom such Content originated. ActivistSolutions includes facts, views, opinions and recommendations of individuals and organizations deemed of interest, and FFL does not endorse these views, opinions and recommendations. FFL is not responsible for any content posted by third parties. In the event that you have a dispute with a User of ActivistSolutions and its Service, you release FFL and its officers, directors, agents and employees from claims, demands and damages of every kind and nature arising out of or in any way connected with such dispute.
FFL has the right, but not the obligation, to remove any submissions that violate this Terms of Service Agreement or the Posting Guidelines, and further has the right to remove Content that it deems inappropriate for any reason whatever without notice. We further reserve the right, in our sole discretion, to remove a User's privilege to post Content on our site.
5. Copyright. If you are the owner of a copyrighted work that you believe in good faith has been reproduced on our site without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to David Greenson, 50 Brighton 1st Road #2A Brooklyn, NY 11235, or by e-mail at david(at)activistsolutions(dot)org.
6. Links to Third Party Sites. ActivistSolutions may contain hyperlinks to websites operated by persons other than FFL. A hyperlink from ActivistSolutions to another web site does not imply or mean that FFL endorses the content on that web site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other web sites to which you might link from ActivistSolutions. You agree not to hold FFL responsible for the content or operation of such web sites.
7. Indemnification. You agree to indemnify and hold harmless FFL, and its employees, representatives, and agents from any and all liability, loss, damage, cost or expense, including reasonable counsel fees and expenses, paid or incurred by reason of your violation of any of the terms contained in this Agreement. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide us with cooperation that we may reasonably request.
8. Disclaimer. This service is made available strictly on an “as-is” basis. We do not make any warranties, express or implied, including without limitation those of merchantability and fitness for a particular purpose, with respect to this service or any information or goods that are available through this site. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials, we do not guarantee or warrant that this site or materials that may be downloaded from this site do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on this site and any materials available through this site, you do so solely at your own risk.
9. Miscellaneous. This Agreement shall be governed by the law of the United States and the State of New York.