Effective as of October 2019
- LICENSE GRANT. The App is made available by NLP, and this TOU provides to you a personal, revocable, limited, nonexclusive, nontransferable, and nonsublicenseable license to use the App conditioned on your continued compliance with this TOU. You may print and download materials and information from the App solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information and that you do not further distribute or disclose such materials and information. You may not access or use the App or any materials through the App for any commercial purposes. If you wish to make use of information from the App other than as set out herein, you must contact NLP using the contact information set forth below.
- LICENSE GRANT RESTRICTIONS. This TOU is only a license and not an assignment or sale. NLP transfers no ownership or intellectual property interest or title in and to the App to you or anyone else. Further, NLP reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein the App.
- USER OBLIGATIONS. By accessing or using the App, you represent and warrant that you are at least eighteen (18) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the App, including, without limitation, when you provide information via an App registration or submission form. Individuals under the age of eighteen (18) (or the applicable age of majority) may utilize the App only with the involvement and acceptance of this TOU by a parent or legal guardian. The App is not indended for children under 13. If you are under 13 years of age, please do not use the App. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the App. You also acknowledge and agree that use of the Internet and the App is solely at your own risk.
- ACCOUNT. Registration for access to and use of particular areas or functionality of the App may require access credentials, such as a user name and password, or adherence to other particular access requirements as designated by NLP in its sole discretion from time to time. You hereby agree to consider and maintain your access credentials as the confidential information of NLP. You shall immediately notify NLP if you suspect or become aware of any loss or theft of or unauthorized use of your access credentials.
- PROPRIETARY RIGHTS. The App is owned by The News Literacy Project Inc. Copyright 2019 © The News Literacy Project Inc. and/or its licensors. All rights reserved. Any downloadable or printable information or materials available through the App, unless otherwise indicated, are owned by NLP and/or its licensors. NLP, the NLP logo, and all other names, logos, and icons identifying NLP and its software, solutions, products, and services are proprietary trademarks of NLP, and any use of such marks without the express written permission of NLP is strictly prohibited. Other service, product, or company names mentioned herein may be the trademarks and/or service marks of their respective owners.
- FEEDBACK. NLP welcomes your feedback and suggestions about NLP’s products or services or with respect to how to improve the App. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to NLP, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to NLP and enable NLP to use such Feedback. In addition, any Feedback received by NLP will be deemed to include a royalty-free, perpetual, irrevocable, transferable, nonexclusive right and license from you for NLP to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.
- MOBILE USAGE. The App offers various tools or display functionality that are available to you via your mobile phone or other mobile computing device (collectively, “Mobile NLP Solutions”). Please note that your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile NLP Solutions. In addition, downloading, installing, or using certain Mobile NLP Solutions may be prohibited or restricted by your mobile carrier, and not all Mobile NLP Solutions may work with all carriers or devices or in all locations. Therefore, you are solely responsible for checking with your mobile carrier to determine if the Mobile NLP Solutions are available for your mobile devices; what restrictions, if any, may be applicable to your use of the Mobile NLP Solutions; and how much such use will cost you. Nevertheless, your use of the App shall be strictly in accordance with this TOU.
- ADDITIONAL TERMS AND CONDITIONS FOR APPLE USERS. The terms and conditions of this paragraph apply to you only if you downloaded the App through Apple Inc.’s App Store. You acknowledge that this TOU is between you and NLP, and that Apple Inc. (“Apple”) bears no responsibility for the App and its content. The license grant under paragraph 1 of this TOU is a nontransferable license to use the App on any Apple-branded Products that you own or control as permitted by this TOU and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the App to you; provided that, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or a third party relating to the App or your use of the App, including without limitation: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third party claim that the App or your possession and use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this TOU, and upon your acceptance of this TOU, Apple will have the right (and will be deemed to have accepted the right) to enforce this TOU against you as a third-party beneficiary thereof.
- LINKS TO OTHER SITES. NLP may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience. Such other sites are maintained by third parties over which NLP exercises no control. These links do not imply an endorsement with respect to any third party or any third party web site or the information, products, or services provided by any third party.
- CONFIDENTIALITY. You acknowledge and agree that the App contains confidential or nonpublic information that is the trade secret(s) of NLP and/or its licensors (the “Confidential Information”). You agree to secure and protect the confidentiality of the Confidential Information of NLP (and/or its licensors) in a manner consistent with the maintenance of NLP’s rights therein, using at least as great a degree of care as you use to maintain the confidentiality of your own confidential information of a similar nature, but in no event using less than reasonable efforts. You shall not, nor permit any third party to, sell, transfer, publish, disclose, or otherwise make available any portion of the Confidential Information to third parties, except as expressly authorized in this TOU.
- DISCLAIMER. THE APP IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. NLP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NLP ALSO DISCLAIMS ANY RESPONSIBILITY FOR THE CONTENT, THE MATERIALS, THE ACCURACY OF THE INFORMATION, AND/OR THE QUALITY OF THE INFORMATION, PROVIDED BY OR AVAILABLE THROUGH THE APP.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER, EXCLUSION, OR LIMITATION OF CERTAIN WARRANTIES, CONDITIONS, LIABILITIES AND DAMAGES AND, ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, NLP’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- INDEMNIFICATION. You agree to indemnify, defend, and hold NLP (and its affiliated companies, contractors, employees, agents, and suppliers and partners) harmless from any and all claims, suits, actions, liabilities, losses, costs, damages, expenses, and any other liabilities, including without limitation attorneys’ fees, arising out of or related in any manner to your breach or alleged breach of this TOU or for any violation or alleged violation of the rights of any other person or entity.
- ARBITRATION. You agree that all disputes between you and NLP (whether or not such dispute involves a third party) with regard to your relationship with NLP, including, without limitation, disputes related to this TOU, your use of the App, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes, and you and NLP hereby expressly waive trial by jury. You may bring claims only on your own behalf. Neither you nor NLP will participate in a class action or class-wide arbitration for any claims covered by this TOU. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if NLP is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act.
- ENFORCING SECURITY. You may not use the App or any of NLP’s data, systems, network, or services to engage in, foster, or promote illegal, abusive, or irresponsible behavior, including, without limitation, accessing or using NLP data, systems, or networks in an unauthorized manner, attempting to probe, scan, or test the vulnerability of a NLP system or network, circumventing any NLP security or authentication measures, monitoring NLP data or traffic, interfering with any NLP services, collecting or using from the App email addresses, screen names, or other identifiers, collecting or using from the App information without the consent of the owner or licensor, using any false, misleading, or deceptive TCP-IP packet header information, using the App to distribute software or tools that gather information, distributing advertisements, or engaging in conduct that is likely to result in retaliation against NLP or its data, systems, or network. Actual or attempted unauthorized use of the App may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. NLP reserves the right to view, monitor, and record activity on the App without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement NLPs in connection with investigation or prosecution of possible criminal or unlawful activity on the App as well as to disclosures required by or under applicable law or related government agency actions. NLP will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, NLP reserves the right to, at any time and without notice, modify, update, suspend, terminate, or interrupt operation of or access to the App, or any portion of the App in order to protect the App or NLP.
- INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOU, including, without limitation, with respect to unauthorized use of NLP proprietary assets, will cause irreparable injury to NLP, such injury would not be quantifiable in monetary damages, and NLP would not have an adequate remedy at law. You therefore agree that NLP shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that NLP post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to NLP to enforce any provision of this TOU.
- TERM AND TERMINATION. This TOU will take effect (or re-take effect) at the moment you check the box certifying that you have read, understand, and agree to abide by the terms and conditions of the App, register, respond through the App to a request for information, and/or begin downloading, accessing, or using the App, whichever is earliest. NLP reserves the right at any time and on reasonable grounds to deny your access to the App or to any portion thereof and this TOU will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without prior notice. You may also terminate this TOU at any time by ceasing to use the App, but all applicable provisions of this TOU will survive termination, as identified below, and each re-access or use of the App will reapply this TOU (then in effect) to you. Upon termination, you must destroy all copies of any aspect of the App in your possession. The provisions concerning NLP’s proprietary rights, Feedback, disclaimers of warranty, limitations of liability, waiver and severability, entire agreement, injunctive relief, and governing law will survive the termination of this TOU for any reason.
- GOVERNING LAW. The App is controlled and operated by NLP from its offices within the United States. This TOU has been made in and will be construed and enforced in accordance with the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia.
- WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by NLP of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers, venue, claim, and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.
- ENTIRE AGREEMENT. No joint venture, partnership, employment, affiliate, or agency relationship exists between you and NLP as a result of this TOU or your utilization of the App. This TOU represents the entire agreement between you and NLP with respect to use of the App and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and NLP with respect to the App. You may not assign or transfer any rights under this TOU without the prior written consent of NLP. Please note that NLP reserves the right to change the terms and conditions of this TOU by posting a revised TOU or mailing and/or emailing notice thereof to you. In addition, NLP may add, modify, or delete any aspect, program, or feature of the App, but NLP is not under any obligation to add any upgrade, enhancement, or modification. Your continued use of the App following any announced change will be conclusively deemed acceptance of any change to the terms and conditions of this TOU. Accordingly, please review this TOU on a periodic basis.
- CONTACT INFORMATION. If you have questions regarding the App or if you are interested in obtaining more information concerning NLP or its products, services, or solutions, please contact NLP by mail at 5335 Wisconsin Ave. NW, Suite 440, Washington, DC 20015, or by phone at 202-715-3722, or by email at firstname.lastname@example.org.