Last updated October14, 2018
1. Your Acceptance
2. OCG Website
3. General Use of the Website—Permissions and Restrictions
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.
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.
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 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.
(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:
On Common Ground
2525 Arapahoe Ave, Suite E-4 #509
Boulder, CO 80302
if by e-mail to:
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.
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 email@example.com.
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.
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.