FUTURE 5000 TERMS OF USE
1. BINDING EFFECT.(a) Please read this Document Carefully – this Agreement (“Terms of Use”) governs your relationship with Future 5000 and your access to Future5000.com (the “Website”) as it is operated by the Generational Alliance and Tides Center (the “Owner”).
(b) By using the Website or any services provided in connection with the Website (the “Service”), you agree to abide by these Terms of Use, as they may be amended by Owner from time to time in its sole discretion. Owner will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use regularly, and if at any time you find these Terms of Use unacceptable, you must discontinue any further use of the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.
2. MEMBERSHIP AGREEMENT.
(a) “Membership” means you agree with the conditions of these Terms of Use and know that Future 5000 and the Website are synonymous, that Membership has an intrinsic political value, and as a Member you agree to do the following:
a. Elevate and expand the leadership of young people in all social justice sectors and,
b. Nurture, strengthen and unify a social justice youth movement in communities across the country.
(b) By using the Website and the Service you represent and warrant that (a) all Membership registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older or otherwise have permission from a guardian and are capable of entering into a legally binding contract in accordance with COPA; and (d) your Membership does not violate any applicable law or regulation. Your Membership may be terminated without warning if we have cause to believe you are under age 14.
(c) You are responsible for keeping your Membership username and password confidential, and you are responsible for any and all activity that occurs on this Website under your password or Membership username. You may not use the account, username, or password of someone else at any time. You agree to immediately notify Owner of any suspected unauthorized use of your password or Membership username or any other breach of security. Owner will not be liable, directly or indirectly, for any loss or damage of any kind incurred by you or anyone else as a result of your failure to protect the confidentiality of your password and/or Membership username.
(d) You should not include in you Member profile any information that you do not want to be public. Neither Owner nor Future 5000 can prevent intrusive entities, Government, or otherwise, from combing the Website in an attempt to gather incriminating evidence against Members. ACCORDINGLY, DO NOT POST ANY CONTENT THAT YOU DO NOT WANT ANY AUTHORITIES BECOMING AWARE OF. WATCH YOUR BACK AND WATCH YOUR FRONT. IT’S THEM THAT FRONT THAT BE PULLING STUNTS. FBI AND COINTELPRO ARE ENOUGH EVIDENCE. NUFF SAID.
(e) You are solely responsible for your interactions with other Members. Owner reserves the right to monitor disputes between you and others, and to take any action it feels is appropriate in its sole discretion, consistent with the terms of this Agreement, including the termination of your Membership and the Membership of others.
(f) You may sign up for other roles within Future 5000 such as volunteer, intern, etc, or with such related “Family” sites such as MyBLOC.net and YouthMediaCouncil.org. In those instances, you may be required to agree to additional terms of service in connection with those organizations. Any additional terms of service shall not impact or otherwise alter this Agreement or the Terms of Use set forth herein.
3. NON-COMMERCIAL USE.
The Website and the Service are for the personal use of members only and may not be used in connection with any commercial endeavors without the express written consent of Owner. No commercial entities may become members or use the Website or the Services for any purpose. You may not copy, transfer, or use any names, photos, text, links, data or other content belonging to or posted by Future 5000 or other Members for the purpose of selling, engaging in, marketing, or promoting any other product or service. Illegal and/or unauthorized uses of the Website or the Service, including collecting usernames, e-mail addresses, or other personally identifiable information of Members for the purpose of sending unsolicited e-mail, unauthorized framing of or linking to the Website, or any other use not expressly permitted in this Agreement will be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. In addition to the above restrictions, you may not authorize, enable, or otherwise grant to any other person, organization, company, or business access to their Future 5000 profile or other content uploaded on the Website for the purpose of extracting such information or other content.
4. CONTENT.
(a) Owner owns and retains all proprietary rights with the Website and the Service.
(b) You should use discretion in the information you post to the Website or provide to other Users. You are solely responsible for, and agree to exercise caution, discretion, common sense and judgment in, using and accessing the Website and all content contained therein. Use your discretion in including the following items in your profile content: personal telephone numbers, personal street address, last names. None of your content should include (for general safety purposes): passwords, viruses, spyware, malware, illegal software or warez.
(c). By using the Website and the Service you grant Owner, Future 5000 and their affiliates and representatives a license to use the materials you post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“Content”) to the Website, you are granting Owner, Future 5000 and their affiliates and representatives a license to use the Content, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat and make derivative use of the Content. You will not be compensated for any Content. By posting Content on the Website, you warrant and represent that you own the rights to the Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute that Content.
(d) You understand and agree that we may review and delete any Content that you include in your profile, or otherwise Post on the Website (including deletion of your entire profile) if we, in our sole judgment believe (1) it violates the Terms of Use hereunder, (2) it might be offensive, illegal, or violate COPA, or (3) it might violate the rights of, harm, or threaten the safety of any other Member.
5. PROHIBITED USES.
(a) Owner imposes certain restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including, without limitation, (i) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (iv) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (vi) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Future 5000 in providing the Website or Service. Any violation of system or network security may subject you to immediate suspension, as well as civil and/or criminal liability.
(b) You agree to use the Website and the Service in a manner consistent with any and all applicable laws and regulations. Below is a partial list of the kind of Content that is illegal or prohibited on the Website. Owner reserves the right, in its sole discretion, to terminate the membership of anyone posting this Content. In addition, Owner reserves the right to investigate and take appropriate legal action, in its sole discretion, against anyone who violates this provision, including without limitation, removing the offending communication from the Website and reporting violators to the appropriate legal authorities. Prohibited Content includes, but is not limited to, Content which, in our sole judgment:
i. Is patently offensive to the Future 5000 Community, including but not limited to, Content that promotes homophobia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
ii. Harasses or advocates harassment of another person;
iii. Involves the transmission of “junk mail,” “chain letters,” “spam,” or any other unsolicited mass mailing, e-mailing, or other communication;
iv. Includes any information that (1) you know is false or misleading, (2) promotes illegal activities or conduct that is abusive, or (3) is threatening, obscene, defamatory or libelous;
v. Displays pornographic or sexually explicit material of any kind;
vi. Includes material that exploits people under the age of 18 in a sexual or violent manner, or is intended to solicit personal information from anyone under 18;
vii. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
viii. Solicits passwords or personally identifying information for commercial or unlawful purposes from other Members;
ix. Constitutes or includes any promotion, sales, or other commercial activity such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
(c) Owner reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Website or the Service, and, if applicable, to delete any such material from its servers.
(d) It is a violation of the Agreement to use any information obtained from Future 5000 or Website in order to harass, abuse, or harm another person, or in order to contact, advertise to solicit, or sell to any Member without the prior explicit consent of such Member.
6. OWNERSHIP OF SOFTWARE.
Owner may make certain software available to you from the Website. If you download software from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) are deemed to be licensed to you by Owner, for your personal, noncommercial, home use only. Owner does not transfer either the title or the intellectual property rights to the Software, and retains full and complete title to the Software as well as all intellectual property rights therein, unless otherwise indicated. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form without Owner’s prior written permission.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS.
When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
8. COPYRIGHT INFRINGEMENT.
Owner has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website. Owner’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Owner to delete, edit, or disable the material in question, you must provide Owner with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Owner to locate the material; (d) information reasonably sufficient to permit Owner to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Owner’s designated agent at:
Future 5000
369 15th St, Oakland, CA 94612
510.763.7078
info@Future5000.com
9. ALLEGED VIOLATIONS.
Owner reserves the right to terminate use of its Service and/or the Website. You agree that Owner or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website or the Service. Owner does not intend to disclose the existence or occurrence of such an investigation unless required by law, but it reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if it believes that you have violated any of the Terms of Use, furnished it with false or misleading information, or interfered with use of the Website or the Service by others.
10. OPEN SOURCE SOFTWARE.
(a) Future 5000 encourages the use of Open Source Content on the Website, which support free flow of content and information.
11. DISCLAIMERS.
(a) NO WARRANTIES: OWNER HEREBY DISCLAIMS ALL WARRANTIES. OWNER IS MAKING THE WEBSITE AND SERVICE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OWNER EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. OWNER DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
(b) LIMITED LIABILITY. OWNER’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL OWNER BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY OWNER. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
(c) OWNER SHALL NOT BE RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER OR ANY OTHER USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES WILL OWNER BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM USE OF THE WEBSITE, CONTENT POSTED ON THE WEBSITE OR TRANSMITTED TO MEMBERS BY OTHER USERS, OR ANY INTERACTIONS BETWEEN OR AMONG MEMBERS OR OTHER USERS OF THE WEBSITE, WHETHER ONLINE OR OFFLINE. Accordingly, we assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment software, failure of e-mail or players on account of technical problems or traffic congestion on the internet or at any website or combination thereof. The Website is provided “AS-IS” AND “AS AVAILABLE.” Owner disclaims all warranties, express or implied. Including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We cannot guarantee and do not promise any specific results from use of the Website or Future 5000. No advice or information, whether oral or written, obtained by you from us, or from or through the Website or Future 5000 shall create any warranty not expressly stated herein.
12. AFFILIATED SITES.
(a) The Website may contain hyperlinks to other websites which are owned and operated by unaffiliated third parties (“Other Sites”). The hyperlinks to Other Sites are offered either as a convenience by Owner or one, or more, of its members, and do not constitute an endorsement by Owner of any Other Site, its resources, or its content. Owner has no control over, and no liability for any third party websites or materials. Owner works with a number of partners and affiliates whose Internet sites may be linked with the Website. Because neither Owner nor the Website has control over the content and performance of these partner and affiliate sites, Owner makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Owner assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Owner makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
(b) Owner has the right to deny or revoke permission to link to the website from any Other Site for any reason in our sole discretion.
13. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
14. NOTICES.
Any notices given pursuant to this Agreement that are directed to ________ shall be given by postal mail to: _____________. Any notice from ______ that is directed to you shall be delivered to the mailing address or email address you provided us at the time of Registration. Notice shall be deemed given twenty four (24) hours after email is sent, unless ______ is notified that the email address is invalid or, in the case of notice sent via postal mail, three (3) business days after the date of mailing. _______ may also give notice of changes to these Terms of Use or other matters related to ________ by displaying notices to Users on the Website.
15. CONTACT.
If you have any questions, comments or concerns about the Website, the Service or these Terms of Use, you may reach us as follows:
Future 5000
369 15th St, Oakland, CA 94612
510.763.7078
Info@Future5000.com
16. INDEMNIFICATION.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives (including, but not limited to, Future 5000) from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
17. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
18. CALIFORNIA USE ONLY.
The Site is controlled and operated by Owner from its offices in the State of California. Owner makes no representation that any of the materials or the services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website or the Service should not be construed as Owner’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than California.
19. MISCELLANEOUS.
The Membership Agreement, Terms of Use, the Privacy Policy, and any other terms and conditions posted on the Website from time to time, constitute the entire agreement between you and Owner with respect to the use of the Website and the Service. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Francisco, California in all disputes arising out of or related to the use of the Website or Service. Any legal action concerning these Terms of Use of his Website must be brought within one (1) year after the claim or cause of action arises and must be brought in the State of California.
20. MODIFICATIONS.
Owner may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website and/or the Service; and (c) discontinue the Website and/or Service at any time. Owner shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.
21. ACKNOWLEDGEMENT.
BY USING THE SERVICE OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.
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