November 15, 2019

Terms of Use

Introduction:  Welcome to Divided We Fall, a District of Columbia nonprofit corporation.  These Terms of Use relate to the use of our website, www.dividedwefall.com (the “Site”).  Please take a moment to review these Terms of Use, which represent an agreement between Divided We Fall (also referred to as “we”) and you, the end user (referred to herein as “you” or the “user”).  By using, visiting or accessing the Site, you signify your acceptance of, and agree to be bound by, these Terms of Use and our Privacy Policy, which explains our use of your information. (These Terms of Use and the Privacy Policy are sometimes referred to collectively as the “Policies.”)  If you do not agree to be bound by the Policies, please immediately discontinue your use of the Site.  Please know that we may amend these Terms of Use and the Privacy Policy at any time and from time to time. We shall have no obligation to notify you of any such changes other than posting such modifications on the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the bottom of this page.

Acknowledgment of Proprietary Rights:  The materials published on the Site, including text, images and illustrations (which we call the “Content”), are protected by copyrights, trademarks, service marks, and/or other proprietary rights and laws of the United States or other countries. You acquire no rights or licenses to the Content other than the limited rights to use it in accordance with these Terms of Use, and you agree to abide by all posted copyright notices or restrictions relating to the Content. The Content may not be downloaded, copied or modified except for such personal, noncommercial use as may be authorized by license or by fair use or other provisions of copyright law.

The trademarks of Divided We Fall, including its name and logo (collectively, the “Trademarks”), are used to identify our company and its activities.  You cannot use our logo without written permission.  For written permission please contact us at joe@dividedwefall.com.

Third Party Links:  Links to third-party sites are provided as a convenience, and we are not responsible for the content of any web site accessed by a link from the Site and do not recommend or endorse the use of any third-party services.

Copyright and Intellectual Property Policy:  Divided We Fall is committed to respecting the intellectual property rights of authors and creators and requires that users of the Site do the same.  See our Copyright Policy.

Communications and Submissions:  

Any content that you make available through the Site is referred to as a “User Submission.” Divided We Fall has the right, prior to publishing your User Submission, to edit it for such purposes as (for example) compliance with space limitations or to remove content that is inflammatory or irrelevant to the topic. Divided We Fall will advise you of any such edits and, prior to publication, obtain your express approval and your acknowledgment that you are the author of the material for all copyright purposes. The term “User Submission” will apply to such edited content as approved by you.

By making User Submissions, you represent and warrant that you own or have the necessary licenses, rights, consents and permissions (including without limitation, the permission of each and every individual person identifiable in any User Submission), to use and authorize Divided We Fall to use all copyright, patent, trademark, trade secret or other proprietary rights (including the name, voice and/or likeness rights of each identifiable person), in and to your User Submissions, to enable inclusion and the use thereof in the Site in accordance with these Terms of Use.

You retain all ownership rights in and to your User Submission.  However, by making the submission, you grant Divided We Fall a non-exclusive, universe-wide, perpetual, royalty-free, sublicenseable, and transferrable license to use, distribute, reproduce, prepare derivative works of, display, and perform all User Submissions in any media formats and through any media channels now existing or hereafter created without compensation to you for purposes of delivering the Services and promoting the same.  Subject to such restrictions as you may impose, you also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Site and under these Terms of Use.  Except as otherwise stated in these Terms of Use, Divided We Fall will not use your User Submission for any other commercial purposes without obtaining your prior approval.

YOU AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT IS DEFAMATORY, LIBELOUS, MISLEADING, OFFENSIVE, INDECENT OR OBJECTIONABLE, OR OTHERWISE INFRINGES UPON ANOTHER’S INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHTS, INCLUDING, WITHOUT LIMITATION, ANY RIGHTS UNDER THE LAWS PERTAINING TO COPYRIGHT, TRADEMARK, PATENT, TRADE SECRET, PRIVACY AND/OR PUBLICITY.  YOU FURTHER AGREE THAT YOU WILL NOT SUBMIT CONTENT THAT INCLUDES CONFIDENTIAL INFORMATION THAT YOU DO NOT HAVE THE RIGHT TO DISCLOSE.

YOU FURTHER AGREE THAT YOU WILL NOT USE ANY ASPECT OF THE SITE FOR ANY COMMERCIAL PURPOSE.

You can remove your User Submission at any time by sending a notice to joe@dividedwefall.com.

Disclaimer of Liability for User Submissions

When using the Site, you will be exposed to User Submissions from a variety of sources.  Divided We Fall is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

Divided We Fall does not endorse any User Submission or any comments or other content contained therein or associated therewith, and Divided We Fall expressly disclaims any and all liability in connection with User Submissions. 

Divided We Fall reserves the right to remove User Submissions without prior notice. Divided We Fall will take such steps as are required by law or otherwise reasonable and necessary to resolve any complaint from a third party alleging that such party’s intellectual property rights have been infringed by a User Submission or other Content. See our Copyright Policy.

Governing Law: The laws of the District of Columbia shall govern this agreement without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.  Any legal action or proceeding relating to your access to, or use of, the Site shall be instituted in a state or federal court located in the District of Columbia and no other venue. You and Divided We Fall agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

No Warranty; Limitation on Liability:  YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIVIDED WE FALL WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES.  WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WE DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR WITHOUT INTERRUPTION.OR THAT THE SITE IS VIRUS-FREE.  SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OR ALL OF THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

If you have questions concerning these Terms, please contact us at joe@dividedwefall.com.

Effective:  March 16, 2019.

Last updated: April 22, 2019.