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Terms of Use

Effective Date:  July 1, 2013.

These Terms of Use set forth the standards of use of all Resource Media websites, including but not limited to the site accessible at www.resource-media.org. By using any Resource Media website, you (“You”) agree to these terms and conditions. If You do not agree to the terms and conditions of this agreement, You should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice.  Modifications shall become effective immediately upon being posted on the website.  Your continued use of the website(s) after any such modifications are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications.  Except as provided in this paragraph, this Agreement may not be amended.

1. Description of Our Services

Resource Media is providing You with information pertaining to the services provided by and the activities of Resource Media (the “Services”).

2. Modifications and Interruption to the Services

Resource Media reserves the right to modify or discontinue the Services with or without notice to You. Resource Media shall not be liable to You or any third party should Resource Media exercise its right to modify and/or discontinue the Service. You acknowledge and accept that Resource Media does not guarantee continuous, uninterrupted, or secure access to our website(s) and operation of our website(s) may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

3. Third-Party Sites

Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties.  You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site.  You should contact the site administrator or owner of those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site. We encourage You to review said privacy policies and terms of use of any and all third-party sites you choose to visit, whether through links appearing on our website or otherwise.

4. Copyright and Trademark Information

Use of Our Content

All content included or available on our website(s), including site design, text, graphics, interfaces, and the selection and arrangements thereof the property of Resource Media and/or its third party licensors and is protected by intellectual property rights, with all rights reserved.  You may view, download, print and distribute individual pages and files from our website(s) subject to the following conditions:

  • The materials on our website(s) may be used for non-commercial, informational purposes only, and we hereby grant You a limited, nonexclusive, fully paid-up and royalty free, revocable license to copy, display, create derivative works from, and distribute such materials solely for such purposes and subject to the additional limitations and requirements in these Terms of Use.
  • Any copy or distribution of the materials on our website(s), or portion thereof, must include all copyright and other proprietary notices contained in/on the materials.
  • Notwithstanding the foregoing, You may not display any materials downloaded from our website(s) by posting to Your own website and/or any other web page without our express permission, to be granted or withheld in our sole discretion.  To request such permission, send an email to Nicole Lampe at nicole [at] resource-media.org and describe in detail (i) the materials You wish to use, and (ii) Your intended use.
  • Notwithstanding the foregoing, You may not create any work derivative of the materials downloaded from our website(s) (including but not limited to the translation of such materials into another language) without our express permission, to be granted or withheld in our sole discretion.  To request such permission, send an email to nicole [at] resource-media.org and describe in detail (i) the materials of which You wish to create a derivative work (e.g., a translation), and (ii) your intended modifications.  You hereby agree, and agree at the time of the creation of such derivative work, that all right, title, and interest in and to such derivative work shall vest solely in Resource Media.  To the extent that any such right, title, and interest in and to such derivative work is deemed not to vest solely in Resource Media, You hereby assign to Resource Media, and agree to assign to Resource Media at the time of the creation of such derivative work, all right, title, and interest in and to such derivative work.  Upon your completion of such derivative work and your request therefor, Resource Media will grant you a limited, nonexclusive, terminable, fully paid-up and royalty free license to copy, display, create derivative works from, and distribute such derivative works solely for non-commercial, informational purposes and subject to the additional limitations and requirements in these Terms of Use.
  • Use, duplication or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013 (c)(1)(ii) and FAR 52.227-19.  Export of any information herein may be restricted and may require export licenses under applicable federal statutes.
  • Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of Resource Media is strictly prohibited.  You agree that You will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of Resource Media.

 

Our Trademarks

RESOURCE MEDIA, the RESOURCEMEDIA Globe Design logo, and other Resource Media marks are proprietary trademarks of Resource Media.  Resource Media’s trademarks may not be used in connection with any product or service that is not provided by Resource Media, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Resource Media.

All other trademarks displayed on Resource Media’s website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those organizations.  In addition, such use of trademarks or links to the web sites of third-party organizations is not intended to imply, directly or indirectly, that those organizations endorse or have any affiliation with Resource Media.

Your Content

Any and all information (other than personal information and/or location information which are expressly covered and governed by the Resource Media Privacy Policy), including data, text, files, geo-mapped routes, graphics and any and all other material that You transmit to or supply to Academy is referred to as “Your Content.” By transmitting Your Content on or through the website(s) and/or Services,You expressly warrants:

  • You are solely responsible for the transmission, accuracy, completeness, and publication of that Your Content;
  • You control all of the rights to Your Content and it neither does nor will infringe or violate the rights of any third party; and
  • Resource Media bears no responsibility, legal or otherwise, for Your Content.

When You transmit or otherwise supply Your Content to Resource Media, or otherwise make Your Content available on or through the website(s) and/or Services, you expressly grant, and agrees to grant at the time of the creation of Your Content, Resource Media a fully paid up, royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, otherwise create derivative works of, and/or distribute such Your Content in any form and any media, whether now known or hereafter devised, for any purpose whatsoever on or in connection with the website(s) and/or Services and/or the promotion of Resource Media. You agree that you hereby waive, and agree to waive at the time of the creation of Your Content, any “moral rights” therein.

You are responsible for all Your Content posted on the website(s) and/or Services.  You may not post content on the website(s) and/or Services that:

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, or offensive subject matter;
  • provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
  • promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other members;
  • involves commercial activities and/or sales without Academy‘s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
  • includes a photograph of another person posted without that person’s consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual‘s privacy or infringement of publicity rights; or
  • contains a virus or other harmful component.

Resource Media does not review Your Content prior to your posting it on the website(s) and/or Services.  We reserve the right in our sole discretion, however, to refuse to publish, edit, and/or remove any of Your Content, in whole or part that we determine does not comply with these Terms of Use, is illegal, and/or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, we are not responsible for any decision, absence of any decision, or delay in the revision or removal of any Your Content that we determine is unsuitable.

5. Notification of Claimed Copyright Infringement

Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”), Resource Media designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

By mail:
Resource Media
Attn: Nicole Lampe

2009 NE Alberta
Suite 205
Portland, OR, 97211

By email:
Nicole@resource-media.org

 

Copyright owners who believe that any content on the website(s) and/or Services infringes upon their copyrights are encouraged to submit a notification pursuant to the DMCA. Said notification should be sent to Resource Media at the address(es) above and include the following in writing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the applicable Academy Service are covered by a single notification, a representative list of such works on the applicable Academy Service;
  • Identification of the material that is claimed to be infringing 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 Academy to locate the material;
  • Information reasonably sufficient to permit Academy to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
  • A statement that the complaining party has 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 (for example, “I am under the good faith belief that the use of the copyrighted content that is identified herein is not authorized by the copyright owner, its agent, or the law.”); and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed (for example, “I swear, under penalty of perjury, that the information in this notification is accurate and that I am the copyright owner, or authorized to act on behalf of the copyright owner, of the copyright(s) that is allegedly infringed by the aforementioned content.”).

A copyright owner acknowledges that if he or she fails to comply with all of the requirements of this section, his or her DMCA notice may not be valid. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

6. Governing Jurisdiction of the Courts of California

Our website and the Services are operated and provided in the State of California.  As such, we are subject to the laws of the State of California and such laws will govern this Terms of Use, without giving effect to any choice of law rules.  We make no representation that our website or other Services are appropriate, legal or available for use in other locations.  Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of California.

7. Compliance with Laws

You assume all knowledge of applicable laws and are responsible for compliance with any such laws.  You may not use the Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements. You further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.

8. Indemnification

You agree to indemnify and hold Resource Media, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs incurred in connection therewith, made by any third party due to or arising out of Your use of the Services, the violation of this Agreement, and/or infringement by You or anyone else using Your computer, of any intellectual property or any other right of any person or entity.

9. Limitation of Liability

RESOURCE MEDIA SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR RESOURCE MEDIA SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF RESOURCE MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.

10. Other Terms

If any provision of these Terms of Use shall be deemed unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.  You agree that these Terms of Use and any other agreements referenced herein may be assigned by Resource Media, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.  These Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to Your use of the Services.  You agree that by accepting this Terms of Use Agreement, You consent to the use and disclosure of Your personally identifiable information and other practices described in our Privacy Policy.