Terms Of Service
Unless otherwise indicated, Truth Initiative owns all legal right, title and interest in and to the Site, including any and all intellectual property rights. All such intellectual property, including without limitation all trademarks of Truth Initiative, may not be used without Truth Initiative’s written consent.
You, not Truth Initiative, are legally responsible for any material you post on the Site (“Your Content”). You agree to post only content to which you own the copyright (or other applicable rights) or have written permission from the rights owner to post. Your Content also encompasses your name, likeness and/or image, should you post such items to the Site. You agree not to post any material that:
- violates or infringes upon the intellectual property, privacy, publicity or similar rights of others;
- is abusive, offensive, discriminatory, profane, vulgar, obscene, disparaging, defamatory, libelous, slanderous, or contains information known by you to be false, inaccurate, or misleading;
- violates any law, statute, ordinance or regulation or any third party agreement to which you are subject (e.g., Facebook, Twitter, Instagram, Vine, YouTube, Pinterest, etc.);
- contains (i) third party websites; and/or (ii) addresses, email addresses, contact information, phone numbers or other personal identifiable information (other than your own);
- is in the nature of advertising or marketing; and/or
- contains any computer viruses, worms, harmful code, or other potentially damaging computer programs, applications or files.
In addition, by posting Your Content on the Site, you grant Truth Initiative a non-exclusive, perpetual and royalty-free right and license to use, store, display, reproduce, modify, create derivative works, perform, and distribute Your Content in any manner consistent with Truth Initiative’s charitable purpose. This means that Your Content will not be treated as confidential and proprietary, and we’ll be able to freely use Your Content without attribution or compensation or payment of any kind to you.
Truth Initiative does not endorse or take responsibility for user-provided content. While Truth Initiative does not routinely review user-proved content, Truth Initiative reserves the right, but is not obligated, to remove any information or materials posted on the Site for any or no reason, at its sole discretion.
YOU REPRESENT AND WARRANT THAT:
- You are at least thirteen (13) years of age;
- You own or otherwise lawfully possess all rights in and to Your Content; and
- Your Content does not and will not violate these Terms or cause injury to any person or entity.
INDEMNIFICATION AND HOLD HARMLESS
You will indemnify and hold harmless Truth Initiative and its officers, directors, employees, and agents from all claims arising out of or related to: (i) Your Content; and/or (ii) your use of, or your inability to use, the Site or the information contained therein or any other website(s) to which the Site is linked.
Truth Initiative reserves the right to change or terminate any aspect of the Site, including the Site itself and individual user accounts for any or no reason. Truth Initiative also reserves the right to impose limits on certain features of the Site or restrict access to all or parts of the Site without notice or penalty. Additionally, Truth Initiative may revise these Terms from time to time, and the most current version will always be posted on the Site.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRUTH INITIATIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL TRUTH INITIATIVE’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).
For any dispute you have with Truth Initiative regarding the Site shall be resolved by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association and judgment upon the arbitrator’s award may be entered in any court having jurisdiction. The prevailing party in any such arbitration shall be entitled to recover reasonable attorney’s fees from the other party. However, nothing shall prevent either you or Truth Initiative from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Site. ANY AND ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND TRUTH INITIATIVE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
GOVERNING LAW AND JURISDICTION
The Site is controlled and operated from the United States. These Terms shall be governed by the laws of the District of Columbia, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of a local court located in the District of Columbia or the United States District Court for the District of Columbia, for any actions not subject to the arbitration provisions set forth above.
Indemnification and Hold Harmless
You will indemnify and hold harmless Truth Initiative and its officers, directors, employees, and agents from any and all claims arising out of or related to (1) your Content and/or (2) your use of, or your inability to use, this Application or the information contained therein.
Truth Initiative’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Truth Initiative provides the website www.thetruth.com (the “Site”) under the following Terms of Service (“Terms”), which may be amended from time to time at our sole discretion. Your use of the Site constitutes your agreement to these Terms.