Effective Date: This Agreement was last revised on January 28, 2016.
TakePart Terms of Service
PLEASE READ THE TERMS OF THIS AGREEMENT CAREFULLY BEFORE USING OR ACCESSING THE WEBSITE. THE AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE TAKEPART SERVICES AND INCLUDES GRANTS OF RIGHTS, LIMITATIONS ON OUR LIABILITY AND, FOR CERTAIN USERS, AN AGREEMENT TO ARBITRATE DISPUTES.
TakePart, LLC. (“TakePart”, “we”, “our”, or “us”) —a digital news and lifestyle magazine and social action platform for the conscious consumer—is a division of Participant Media, the company behind Pivot Television Network and such important films as Spotlight, Lincoln, Contagion, The Help, Food, Inc., Waiting For “Superman,” CITIZENFOUR and An Inconvenient Truth. TakePart’s visitors and community of members use the website to learn about important issues through TakePart’s content and to take action via TakePart’s Take Action Platform (TAP) by signing petitions, making donations, writing letters to government officials and more.
TakePart operates the Service on www.takepart.com as well as on any other website we may embed the Take Action Platform. You may visit our website for non-commercial, personal use only, provided you keep intact all copyright, trademarks and other proprietary notices. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute in any way the contents of this Service including the text, images, audio and video for commercial purposes, without written permission from TakePart.
2. Service Eligibility
You must be at least 13 years of age or older in order to use our Service. If you are under the age of 13 please do not access our site in any way. If you believe a user under the age of 13 is using our Service, please contact us via our Contact Us page.
3. General Terms
1. You should assume that everything you see or read on this website and/or within the Service is protected by copyright unless otherwise stated and may only be used according to these Terms of Service. TakePart does not warrant or represent that your use of materials displayed on this website will not infringe rights of third parties not owned by or affiliated with TakePart. Images are either the property of, or used with permission by our company. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Service. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
2. TakePart uses reasonable efforts to include accurate and up-to-date
information on the Service. However, we give no warranties or representations as to the accuracy of the information. TakePart assumes no liability or responsibility for any errors or omissions in the contents of this Service.
3. Furthermore, your use of and browsing of this website is at your risk. Neither TakePart nor any other party involved in creating, producing or delivering the Service is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Service. Without limiting the foregoing, everything on the Service is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some the jurisdictions may not allow the exclusion of implied warranties, so some of above exclusions may not apply to you. Our company assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Service or your downloading of any materials, data, text, images, video, or audio from the Service.
4. Any communication or material you transmit to the Service by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by TakePart or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.
5. The trademarks, and logos, displayed on the Service are trademarks of the company, and cannot be used or reused by any other party without the written permission of TakePart.
6. TakePart may at any time revise these Terms of Service by updating this posting. You are bound by any such revisions and should periodically visit the page for updates to the policy and terms.
4. Notices and Service Messages
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including social media, mobile number, telephone, or mail. You agree to keep your contact information up to date.
5. Rules of Conduct
TakePart is a platform where users are encouraged to find ways to take meaningful and immediate action through interacting with the content and actions on our website. This is a platform where we encourage users to show support in a positive and respectful manner. We want to hear from you, with common sense, respect and sensibility – we welcome and encourage your participation – after all, that’s what taking action is all about.
If you do or engage in any of the following, it is a violation of our Terms of Service and against the spirit of TakePart:
- Upload or in any way share content that is obscene or pornographic, contains any nudity, is sexually explicit or depicts graphic violence.
- Upload or in any way share content that discriminates against or that promotes hatred and/or violence towards individuals or groups based on real or perceived is considered hate speech and is prohibited on our platform, for example:
- Race or ethnic origin
- Disability or medical conditions (such as HIV + status, depression, obesity)
- Sexual orientation or gender identity
- National Origin
3. Transmit, promote, or distribute Content that is illegal.
4. In anyway produce and disseminate spam, or do anything else within the Service that is harmful or otherwise against the general social purposes or enjoyment of the Service.
5. Use abusive, offensive, or defamatory information anywhere on the Service.
6. Impersonate another person (including celebrities), indicate falsely that you are a TakePart employee or a representative of the company, or any attempt to mislead users by falsely representing the company.
7. Attempt to get a password, account information, or other private information from anyone else on www.takepart.com.
8. Promote, encourage or engage in any activity involving hacking, phishing, distribution of counterfeit software and/or virtual currency/items.
9. Upload files that contain a virus, worm, spyware, time bombs, corrupted data or other computer programs that may damage, interfere with or disrupt TakePart’s Service(s).
10. Improperly use customer support contacts or make false reports to TakePart’s staff.
11. Modify or attempt to modify any file or any other part of the TakePart Service that TakePart does not specifically authorize you to modify.
12. Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a TakePart Service,
13. Interfere with the ability of others to enjoy participating in TakePart’s Service.
14. Sell, buy, trade or otherwise transfer any personal access to these services, Content or Entitlements, including by use of auction websites.
15. Conduct any activities that violate the laws of any jurisdiction including but not limited to copyright infringement, trademark infringement, defamation, invasion of privacy, identity theft, hacking, stalking, fraud and the distribution of counterfeit software.
You must also obey all federal laws, State laws and regulations and rules that apply to your activities when you use TakePart’s Services. TakePart reserves the right to terminate your Account and to prevent your use of any and all of our Services if your Account is used to engage in illegal activity or to violate this Terms of Service, or for any reason at the company’s sole discretion.
There is no requirement or expectation that TakePart will monitor or record any online activity on TakePart Services, including communications. However, TakePart reserves the right to access and/or record any online activity on the Service and you give TakePart your express consent to access and record your activities. TakePart reserves the right to remove any content from any TakePart Service at TakePart 's sole discretion. TakePart has no liability for your or any third party's violation of this Agreement.
If you encounter another user who is violating any of the rules of conduct within this Terms of Service, please report this activity to TakePart by contacting the company via our Contact Us page.
6. Copyrights, Trademarks, Patents and Intellectual Property Rights
You acknowledge that messages, files or other materials ("Content") contained on the TakePart website and within TakePart email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to you by TakePart and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are permitted to use TakePart Content or third party Content only as expressly authorized by TakePart or the third party. You may not copy, reproduce, distribute, or create derivative works from the TakePart Content or third party Content without expressly being authorized to do so by TakePart or the third party advertiser. You may make a copy of the TakePart Content or third party Content for your personal, noncommercial use only, provided that you keep all copyright or other proprietary notices intact. Although TakePart does not claim ownership of content that you may provide to TakePart, by providing content to TakePart, you automatically grant, and represent and warrant that they have the right to grant, to TakePart a worldwide, irrevocable, perpetual, non-exclusive, and fully sub-licensable, license to use, copy, perform, display, and distribute said content.
TakePart respects copyright law and expects you to do the same. TakePart Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify TakePart's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at:
TakePart’s Copyright Agent
You may also notify the Copyright Agent via the Contact Us page.
Please provide our Agent with the following Notice:
1 Identify the copyrighted work or other intellectual property that you claim has been infringed;
2 Identify the material on TakePart that you claim is infringing, with enough detail so that we may locate it on the website;
3 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
4 A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
5 Your address, telephone number, and email address; and
6 Your physical or electronic signature.
TakePart's Agent will forward this information to the alleged infringer. It is TakePart's policy to terminate the accounts of repeat infringers.
If you posted material to the TakePart Website or Service that TakePart removed due to a notice of claimed infringement from a copyright owner, we will take reasonable steps promptly to notify you that the material has been removed or disabled. This notice may be by means of a general notice on the TakePart Website or by written or electronic communication to such address(es) you have provided to TakePart, if any. You may provide counter-notification in response to such notice in a written communication that includes substantially all of the following:
1. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
2. A statement by you, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
3. your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which TakePart may be found, and that you will accept service of process from the person who provided notification requesting the removal or disabling of access to the material or such person’s agent; and
4. your physical or electronic signature.
Please note that, under 17 U.S.C. §512(f), any person who knowingly makes material misrepresentations in a notification of claimed infringement or any counter-notification may be liable for damages.
7. Third Party Sites
8. Social Media Services
9. Rights and Limitation of Rights
You own all of the content, feedback, and personal information you provide to us (“User-Generated Content”), but you also grant us a non-exclusive license to use it.
You promise to only provide information and content that you have the right to use and share, and that your TakePart profile will be truthful.
As between you and TakePart, you own the User Generated Content that you submit or post to the Services and you are only granting TakePart the following non-exclusive license: A worldwide, transferable and sub licensable right to use, copy, modify, distribute, publish, and process, User-Generated Content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
- We will get your consent if we want to give others the right to publish your posts beyond the Service. However, other “Registered Users” and/or “Visitors” (defined below) may access and share your User-Generated Content, consistent with your settings and degree of connection with them.
In your communications with TakePart, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User‑Generated Content and licensed to us as set forth above. In addition, TakePart retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. TakePart’s receipt of your Unsolicited Ideas and Materials is not an admission by TakePart of their novelty, priority, or originality, and it does not impair TakePart’s right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
10. Registration and Account Security
In order to access or use some of the features on the Service, you must first register through our online registration process on the Service by creating an account (“Account”). If you register for an account you become a Registered User of the Service (“Registered User”). You may access or use those features of the Service that do not require registration as a visitor on the Service (“Visitor”). You agree to provide true, accurate, current and complete information about you when you register for an Account, and to maintain the security of your password and identification. TakePart reserves the right to refuse registration, or to refuse or limit access to the Services, to anyone in our sole discretion for any reason or no reason.
11. Service Availability
TakePart reserves the right to restrict, suspend, or terminate your account if TakePart believes that you may be in breach of this Agreement or law, are misusing the Service, or for any reason or no reason whatsoever.
TakePart reserves all of its intellectual property rights in the Services.
TakePart is not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
13. No Warranty
This is our disclaimer of legal liability for the quality, safety, or reliability of our Service.
TO THE EXTENT ALLOWED UNDER LAW, TAKEPART (AND THOSE THAT TAKEPART WORKS WITH TO PROVIDE THE SERVICE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
14. Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TAKEPART HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TAKEPART (AND THOSE THAT TAKEPART WORKS WITH TO PROVIDE THE SERVICE) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICE (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF TAKEPART (AND THOSE THAT TAKEPART WORKS WITH TO PROVIDE THE SERVICE) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TAKEPART AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TAKEPART HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT ANY DAMAGES YOU INCUR ARISING OUT OF TAKEPART’S ACTS OR OMISSIONS OR YOUR USE OF THE WEBSITE OR THE SERVICE ARE NOT IRREPARABLE AND ARE INSUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING THE AVAILABILITY OF OR ANY PERSON’S ABILITY TO ACCESS ANY PORTION OF THE WEBSITE OR THE SERVICE.
TakePart or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: 9, 12, 13, 14, and 16.
16. Applicable Law and Dispute Resolution
These Terms of Service and any dispute between you and TakePart will be governed by and construed in accordance with the laws of the State of California, and both you and TakePart agree to submit to the exclusive jurisdiction of the State of California. This choice of jurisdiction and venue does not prevent either party from seeking injunctive relief with respect to a violation of intellectual property rights or confidentiality obligations in any appropriate jurisdiction. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. EACH PARTY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY RIGHT TO TRIAL BY JURY IN THE RESOLUTION OF ANY DISPUTE ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE.
Residents of California are entitled to the following specific rights information: you may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs by mail at: 400 R St., Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254. Their website is located at: http://www.dca.ca.gov
If a party properly submits a dispute to the AAA for formal arbitration and the AAA is unwilling or unable to set a hearing date within sixty (60) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of TakePart consent to in writing. You can obtain AAA and JAMS procedures, rules, and fee information as follows : AAA: 800.778.7879 JAMS: 949.224.1810
17. Changes to these Terms of Service
From time-to-time, we may modify these Terms of Service. By continuing to use the Service after we post a revised Terms of Service, you signify your continued acceptance of these terms. Therefore, it is important that you review these Terms of Service regularly to ensure you are updated about any changes.
18. Questions About These Terms
Should you have any questions concerning these Terms of Service you may contact TakePart through our Contact Us page.
19. Contact Us
331 Foothill Road, 3rd Floor
Beverly Hills, CA 90210
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.
Copyright © 2016 TakePart, LLC. All Rights Reserved. TakePart are registered trademarks or trademarks of TakePart in the State of California.