The following terms and conditions (the “Agreement”) govern all use of the www.marchtojustice.org website (the “Site”) and the products and services available on or at the Site (taken together with the Site, the “Activism service”). The Service is owned and operated by the Armenian National Committee of America (“ANCA”). The Service is offered subject to your (the “User’s”) acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by the Armenian National Committee of America. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU (the “User”) AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU NOT AGREE, DO NOT USE OR ACCESS THE SERVICE.
ANCA reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
Subject to the terms and conditions of this Agreement, the software and services provided in connection with the Activism service are solely for User’s own personal use, and not for the use or benefit of any third party. ANCA may change, suspend or discontinue the Services, including the availability of any feature, database or content, at any time. ANCA may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. ANCA reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site or by sending User a notice via email or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this Agreement as modified.
User certifies to ANCA that if User is an individual (i.e., not a corporation) User is at least 14 years of age (provided that, if User is located in a state in which 14 is under the age of majority, then User represents he/she has the legal consent of a legal guardian to enter this Agreement). User also certifies that User is legally permitted to use the Service and takes full responsibility for the selection and use of the Activism service. This Agreement is void where prohibited by law, and the right to access the Activism service is revoked in such jurisdictions.
User agrees that all content and materials (collectively, “Content”) delivered via the Activism service or otherwise made available by ANCA at the Site are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. User may print or download a reasonable number of copies of the materials or content at this Site for User’s own informational purposes; provided, that User retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any content, materials or design elements on the Site for any other purpose is strictly prohibited without the express prior written permission of ANCA.
Use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. Any rights not expressly granted herein are reserved.
The Sites and Activism service may permit the submission of communications (such as Send a letter to your legislator or signing petition, person video message recording) and other content submitted by User (“User Submission(s)”) and the hosting, sharing, and/or publishing of such User Submission(s).
User agrees that ANCA has no liability with respect to any Wrong or misleading User Submission(s), including, without limitation, User’s User Submission(s), and User hereby irrevocably release ANCA and its officers and directors, employees, agents, representatives and affiliates, from any and all liability arising out of or relating to User Submission(s) or any part thereof.
User further agrees that User will not: (i) publish falsehoods or misrepresentations that could damage ANCA or any third party; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) submit material that is copyrighted, protected by trade secret or otherwise subject to third party intellectual property or proprietary rights, including privacy and publicity right, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant ANCA all of the license rights granted herein; or (vi) submit material that is unsuitable for minors in any country.
ANCA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and ANCA expressly disclaims any and all responsibility or liability in connection with User Submission(s). ANCA reserves the right to, in its sole discretion, remove any User Submission(s) at any time (with or without notice).
User shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Service or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Service or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Service. ANCA reserves the right to bar any such activity.
User shall not attempt to gain unauthorized access to any portion or feature of the Service, or any other systems or networks connected to the Service or to any ANCA server, or to any of the services offered on or through the Service, by hacking, password “mining”, or any other illegitimate means.
User shall not probe, scan or test the vulnerability of the Service or any network connected to the Service, nor breach the security or authentication measures on the Service or any network connected to the Service. User shall not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Service, or any other user of ANCA, including any ANCA account not owned by User, to its source, or exploit the Activism service or any service or information made available or offered by or through the Activism service, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than User’s own information, as provided for by the Activism service.
User shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or ANCA’ systems or networks, or any systems or networks connected to the Service or to ANCA.
User shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service.
User shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal User sends to ANCA on or through the Activism service. User shall not, in connection with the Service, pretend (e.g. through impersonation) that User is any other individual or entity.
User shall not use the Service or any Content for any purpose that is unlawful or prohibited by this Agreement, or that infringes the rights of ANCA or others.
As a condition to using certain features of the Activism service, User will automatically register with ANCA and a password and User name (“ANCA User ID”) will be sent to the Users email address. User shall provide ANCA with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of User’s account. User may not (i) select or use as a ANCA User ID a name of another person with the intent to impersonate that person; or (ii) use as a ANCA User ID a name subject to any rights of a person other than User without appropriate authorization. ANCA reserves the right, in its discretion, to cancel or refuse registration of an ANCA User ID bu sending an email to firstname.lastname@example.org. User shall be responsible for maintaining the confidentiality of User’s ANCA password and other account information.
THIRD PARTY SITES.
The Site may permit User to link to other websites or resources on the Internet, and other websites or resources may contain links to the Site. These other websites are not under ANCA’s control, and User acknowledges that ANCA is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by ANCA. User further acknowledges and agrees that ANCA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, information, or services available on or through any such website or resource.
User is responsible for all of its activity in connection with the Activism service. User shall defend, indemnify, and hold harmless ANCA, its affiliates, and each of its and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from (i) User’s use or misuse of the Service; (ii) User’s access to any part of the Service, (iii) any of User’s User Submission(s), or (iv) otherwise from User’s violation of this Agreement.
THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE SITE AND ANY SOFTWARE) IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ANCA MAKE NO WARRANTY THAT (I) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR (II) THE RESULTS OF USING THE SERVICE (OR ANY USER SUBMISSION(S)) WILL MEET USER’S REQUIREMENTS. USER’S USE OF THE SERVICE IS SOLELY AT USER’S OWN RISK.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL ANCA, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE ACTIVISM SERVICE (OR ANY CONTENT, PROGRAMS OR INFORMATION AVAILABLE THROUGH THE SERVICE): (I) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), (III) FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR INFORMATION OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF USER’S USE OF ANY CONTENT OR INFORMATION POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE AT OR THROUGH THE ACTIVISM SERVICE
ANCA may terminate User’s access to all or any part of the Service at any time, with or without cause, effective upon notice thereof to User (provided that, if ANCA determines there may be an immediate threat to ANCA, it may terminate such access without notice).
Upon termination notice from ANCA, User will (i) no longer access (or attempt to access) the Activism service and (ii) delete all software (and copies thereof) provided in connection with the Activism service. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of ANCA or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of ANCA and is protected by U.S. and international copyright laws. All software used on (or provided through) the Site is the property of ANCA or its software suppliers and is protected by United States and international copyright laws.
When User visits the Site or sends e-mails to ANCA, User is communicating with ANCA electronically. User hereby consents to receive communications from ANCA electronically. ANCA will communicate with User by e-mail or by posting notices on the Site. User agrees that all agreements, notices, disclosures and other communications that ANCA provides to User electronically satisfy any legal requirements that such communications be in writing.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. ANCA shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond ANCA’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
ANCA has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act. The address of ANCA’ Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is ANCA’ policy to (1) block access to or remove content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
If User believes that content residing on or accessible through the ANCA Activism service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the content that is claimed to be infringing including information regarding the location of the content that the copyright owner seeks to have removed, with sufficient detail so that ANCA is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
It is ANCA’ policy:
- to remove or disable access to the infringing content;
- to notify the content provider, member or user that it has removed or disabled access to the content;
- that repeat offenders will have the infringing content removed from the system; and
- to terminate such content provider’s, member’s or user’s access to the service.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
If the content provider, member or user believes that the content that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such content from the copyright owner, the copyright owner’s agent or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the content provider, member or user;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that the content provider, member or user has a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which ANCA is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, ANCA may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at ANCA’ discretion.
Please contact ANCA’ Designated Agent to Receive Notification of Claimed Infringement at the following address:
Designated Agent to Receive Notification of Claimed Infringement: Armenian National Committee of America Attn: Elizabeth Chouljian 1711 N St. NW, Washington, DC 20036