Terms of Use

Last updated October14, 2018

1. Your Acceptance

By accessing and using On Common Ground's websites, social media pages, and other branded digital properties owned and operated by On Common Ground, a Project of Mediators Foundation (“OCG,” “we,” “our,” or “us”) - including, for example, the website located at http://www.oncommonground.land ( together with all content and functionality available through the property, our “Website”)-you signify your agreement to (1) these terms and conditions (the “Terms of Use”), and (2) the privacy policy, found at https://www.oncommonground.land/privacy-policy —and incorporated here by reference (the “Privacy Policy”), which describes our privacy practices, including with regard to the collection, use and disclosure of information on the Website. If you do not agree to any of these Terms of Use or the Privacy Policy, do not use the Website.

We may occasionally update these Terms of Use, especially as new features are added to this Website. We will indicate that the terms have changed by changing the "Last Updated" date displayed above. Any changes in these Terms of Use will take effect upon posting.

We encourage you to periodically check for updates to these Terms of Use and to review the most up-to-date version on the Website. You agree to be bound by such modifications or revisions. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

2. OCG Website

These Terms of Use apply to all users of the Website, including users who are contributors of video content, information, and other materials or services on the Website. On our Website, you can access information about our goals, download materials, share and submit stories, and enjoy other interactive services.

The Website may contain links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party websites. In addition, we will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve us from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the Website and to read the terms and conditions and privacy policy of each other website that you visit. We have the right but not the obligation to block links from or to the Website at any time.

3. General Use of the Website—Permissions and Restrictions

OCG hereby grants you permission to access and use the Website as set forth in these Terms of Use, provided that:

  • Unless expressly permitted, you agree not to distribute any part of the Website in any medium, including but not limited to User Submissions (defined below), without our prior written authorization.

  • You agree not to alter or modify any part of the Website.

  • You agree not to access User Submissions (defined below) or Content (defined below) through any technology or means other than through the Website itself, using a standard browser in any media, or other explicitly authorized means we may designate.

  • You agree not to use the Website for any commercial or non-personal use without the prior written authorization of OCG.

  • In your use of the Website, you will comply with these Terms of Use and all applicable local, national, and foreign laws and regulations. We reserve the right to discontinue any features or functionality of the Website at any time and to suspend or terminate your access to the Website at anytime, each without any liability to OCG.

4. Your Use of Content on the Website

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of content on the Website:

  • The content on the Website, except User Submissions, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”), including the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to OCG, subject to copyright and other intellectual property rights under the law. Content on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. OCG reserves all rights not expressly granted in and to the Website and the Content.

  • User Submissions are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Submissions are made available “AS IS”and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner not intended by the normal functionality of the Website or otherwise as prohibited under these Terms of Use.

  • You may access Content, User Submissions and other content only as permitted under these Terms of Use. We reserve all rights not expressly granted in and to the Content and the Website.

  • You agree to not engage in the use, copying, or distribution of any of the Content or User Submissions other than expressly permitted herein, including, without limitation, any use, copying, or distribution for any commercial purposes.

  • You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.

  • You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against OCG with respect thereto, and agree to indemnify and hold OCG, its directors, officers, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.

5. Your User Submissions and Conduct

As a user you may submit photos, video, comments, and other materials or content collectively referred to as “User Submissions.” You understand that we reserve the right to remove User Submissions at any time, and whether or not such User Submissions are published, we do not offer any confidentiality with respect to any User Submissions.

You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You affirm, represent, and warrant that all your User Submissions are original to you or you own or have all the necessary licenses, rights, consents, and permissions to use and authorize us to use all User Submissions in the manner contemplated by the Website and these Terms of Use. You affirm, represent and warrant that the User Submissions, and our use thereof in the manner contemplated herein(ii) will not violate any local, state, national or foreign law, (iii) will not violate or breach the rights of any third-party including any defamation or right of privacy or publicity, any contractual right (including any confidentiality obligations) or proprietary right, including any patent, trademark, copyright or trade secret rights, and (iv) will not violate any confidentiality obligation of any person or entity.

For clarity, you retain all of your ownership rights in your User Submissions, if any. However, by submitting User Submissions to us, you hereby grant OCG and its designees a worldwide, non-exclusive, royalty-free, and transferable license to use, publish, post, reproduce, distribute, alter, translate, prepare derivative works of, display, perform and sublicense the User Submissions or portions thereof, alone or with other material, without notice or permission, with or without reference or attribution, and without obligation, payment or accounting to you or any third-party, in connection with the Website and our (and our successors’ and affiliates’) business, including without limitation for advertising, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels now known or hereafter developed. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use such User Submissions as permitted through the functionality of the Website and under these Terms of Use. The above licenses granted by you in User Submissions are perpetual and irrevocable.

You hereby provide us the perpetual, irrevocable right, but not the obligation, to use your name, username, likeness, biography and other information about you in connection with any use of your User Submissions.

In connection with your User Submissions, you further agree that you will not submit material that is copyrighted, confidential, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the license rights granted herein.

You further agree that you will not, in connection with User Submissions, submit material that is contrary to applicable local, national, and foreign laws and regulations, orcontrary to the following guidelines, which may be updated from time to time:

  • We are a non-partisan organization. You will not post User Submissions that include politically partisan content.

  • You will not post User Submissions that include political electoral content. We seek to provide a forum to discuss policy – not to advance the interests of any particular political party or candidate for office.

  • You will not post User Submissions that include pornographic or sexually explicit content.

  • You will not post User Submissions that include showing graphic or gratuitous violence or intended to incite violence.

  • You will only upload User Submissions that you made or that you are authorized to use. This means you will not upload User Submissions you didn’t make, or use content in your User Submissions that someone else owns trademarks or copyrights in, such as music tracks, snippets of copyrighted programs, or videos made by other users, without necessary authorizations.

  • You will not post User Submissions that include hate speech (speech which attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and sexual orientation/gender identity).

  • You will not post User Submissions intended to solicit business or promote any products for use or sale.

  • You will not post User Submissions that contain private information of any third-party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers.

  • You will not upload, post or transmit User Submissions or any other material that contain viruses, corrupted data or other harmful, disruptive or destructive files.

  • You will not use framing or framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Website.

  • You will not use any meta tags or any other "hidden text" utilizing our name or trademarks.

  • You will not use any data mining, robots, or similar data gathering and extraction tools to search or gather data from the Website.

  • You will not cache or link to the Website, including in a manner that portrays OCGin a false, misleading, derogatory, offensive or any other manner which we, in our sole discretion,may find to be objectionable.

OCG does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Submissions. We do not knowingly permit infringement of copyright or other intellectual property rights on the Website, and we will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s intellectual property rights. Although OCG has no obligation to do so, we reserve the right in our sole discretion to remove Content and User Submissions without prior notice.

7. Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law.

If you believe, in good faith, that materials hosted on the Website infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.

Notices and counter-notices must meet the current statutory requirements imposed by the DMCA. As of the date these Terms of Use were last updated, to be effective under the DMCA, notification of claims of copyright infringement by third parties must be a written communication to our agent that includes the following:

(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;

(b) a description of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) 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 a description of where the material that you claim is infringing is located on the Website;

(d) your address, telephone number, and, if available, email address;

(e) 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; and

(f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

See http://www.loc.gov/copyright/for current details.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. We will not be liable to you under any circumstances for declining to replace material.

We suggest that you consult your legal advisor before filing a notice or counter-notice, as there may be penalties for false claims under the DMCA.

Notices and counter-notices with respect to the Website should be sent to our Designated Agent:

if by mail to:

Attn:

On Common Ground

2525 Arapahoe Ave, Suite E-4 #509

Boulder, CO 80302


if by e-mail to:

info@oncommonground.land

8. Warranty Disclaimer

YOU AGREE THAT YOUR USE OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT, USER SUBMISSIONS, FEATURES, FUNCTIONALITY, PRODUCTS, SERVICES AND PROMOTIONS MADE AVAILABLE ON OR THROUGH THE WEBSITE) SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, OCG, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH YOUR USE THEREOF. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.

9. Limitation of Liability

IN NO EVENT SHALL OCG, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be applied to the maximum extent permitted by applicable law.

The Website is controlled and offered by us from our facilities in the United States of America. We make no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.

10. Indemnity

You agree to defend, indemnify, hold harmless and release OCG, its affiliated entities, and their respective officers, directors, employees and agents, licensees and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, or expenses (including but not limited to attorney’s fees) arising from or related to: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your User Submission caused damage to a third-party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

11. Ability to Accept Terms of Use

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then do not use the Website.

12. Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.

13. Notice Required by California Law

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of this service is:


On Common Ground

2525 Arapahoe Ave, Suite E-4 #509

Boulder, CO 80302

Phone: (978) 704-0413


Complaints regarding the service or requests to receive further information regarding use of this service may be sent to the above address or toinfo@oncommonground.land.

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.



ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

1. Arbitration

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE WEBSITE, 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 WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules and if within such court's jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by these Terms of Use to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

2. Severability

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.



14. General

You agree that: (i) the Website shall be deemed solely based in the State of Colorado; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than the State of Colorado. These Terms of Use shall be governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. These Terms of Use, together with the Privacy Policy at https://www.oncommonground.land/privacy-policy and any other legal notices published by use on the Website, shall constitute the entire agreement between you and us concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. We reserve the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

15. CONTACT

If you have questions about these Terms of Use, you can contact OCG at info@oncommonground.land.