Acceptable Use: Overview
We hereby grant you the right to access and use the Website for non-commercial purposes in accordance with the Terms. While using the Website, you must comply with all applicable domestic and international laws, statutes, ordinances and regulations. Your use of the Website is your sole responsibility. You may use the Website in the following manners:
- Viewing & Sharing: You can browse and view content on the Website. You can share information that you find on the website using social networks (Facebook, Twitter, LinkedIn, etc.), personal blogs, and media publications.
- Nominating: You, in your capacity as a nominator (“Nominator”) may nominate people who you want to see profiled on this Website, in the media, and online. Within this Website, nominators will share personal information and details about the people whom they are nominating (“Nominees”).
- Being profiled: Nominees are alerted by e-mail that they have been nominated to appear on the Website, and, with their permission, prompted to answer a series of interview questions which they can then submit along with other personal information to us. This information will be used to compile a Talking GOOD profile (“Profile”) of the Nominee.
Acceptable Use: Viewing & Sharing
All content of the Website, which may include without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials, associated technology and software, and the look and feel of the Website (collectively “Content”), are the proprietary property of Talking GOOD, which is owned by Communicate GOOD, LLC. Any rights to Content not expressly granted to you herein are reserved by Talking GOOD. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
You have the right to share content found on Profile pages via your social networks (Facebook, Twitter, LinkedIn, etc.), personal blogs, and media publications. When you share Profile content, you can reproduce either selected parts of the Profile or the Profile in its entirety. You agree not to modify or alter the content in a material manner. You agree to cite Talking GOOD as the source of the content, including: (1) a hyperlink to the original Profile page on the Website; (2) printing the URL for the original Profile page on the Website; or (3) stating the URL “www.TalkingGOOD.com” in a broadcast environment. If you do not cite Talking GOOD in any of the above manners, you are considered in violation of these Terms.
Talking GOOD reserves the right to preview or review any materials you post on the Website (Materials”) and, in its sole discretion, block or remove without notice Materials that violate the Terms or are otherwise objectionable to us. However, failure to block or remove any Materials is not an endorsement, warranty, representation, or guarantee regarding such Materials.
Acceptable Use: Nominating
To nominate a person to be profiled on Talking GOOD, go to the Nominations Page and fill out the nomination form, providing all required contact information for you and your Nominee. Nominations must be submitted online; mail-in nominations will not be accepted. Nominations must be submitted on behalf of another person; self-nominations will not be accepted. Nominations must be submitted in English only. Nominations may only be submitted in the name of a single person; group nominations are not acceptable. False or deceptive nominations or acts may render a nominee ineligible.
All nominations become the property of Talking GOOD and will not be returned. Talking GOOD reserves the right to edit the nomination as it sees fit for use in publication or promotion. Nominators have the right to indicate whether they want to remain anonymous to the public and, separately, to both the Nominee and the public. You may not receive compensation from any third party in exchange for your Nomination, and your Nomination must be based only on factual statements and your honest opinions.
By submitting a nomination, you agree to grant Talking GOOD the right without obligation, unless prohibited by law, to use the contents of your nomination, without compensation, for the purpose of communicating with the Nominee, as well as advertising and publicizing all matters related to the Talking GOOD program in any medium, throughout the world, in perpetuity.
In order to be Profiled on Talking GOOD, nominees must be at least thirteen (13) years of age or older as of the date that they are being submitted by the Nominator. If the intended Nominee does not meet this age criteria, Nominator must also include the contact information for a legal guardian figure that can act on Nominee’s behalf. Nominees cannot have previously been profiled on Talking GOOD. Nominees may be nominated as set forth herein or chosen to be profiled by Talking GOOD. At any time, at Talking GOOD’s discretion, a Nominee may be deemed ineligible for nomination or profiling on the Website.
Acceptable Use: Nominees
Nominees approved by Talking GOOD will be invited to answer questions and to submit them online to us. Nominee responses will serve as the basis for the Nominee’s online Profile. Sometimes, we will also ask nominees to provide Content in addition to their interview responses. Content that we may request includes without limitation, information, text, data, photographs, audio, video, images, graphics, logos, trademarks, service marks, and other content or materials.
If and when You submit materials either as a Nominator or Nominee:
- You represent and warrant that your Materials do not infringe the copyright, trademark, publicity/privacy right or other intellectual property or proprietary right of any third party.
- By posting, uploading or otherwise distributing your Materials on the Website, you explicitly consent that other users of the Website may access, display, view, store, and/or download such Materials, and post or forward such Materials to others and you hereby grant (and represent and warrant that you have all necessary rights to grant) to us a perpetual, sublicenseable, transferable, world-wide, non-exclusive, royalty free, license to all your rights in the Materials (including moral rights) for all purposes, including but not limited to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, display, perform, or derive revenue or other remuneration from such Materials and incorporate such Materials into other works in any form, media or technology. By providing Materials to the Website, you hereby permit Talking GOOD to identify you as the provider of such Materials in any form, media and technology. You may revoke this license in regard to the right to display your Materials by removing your Materials from the Website.
- You agree that Talking GOOD has no liability or responsibility for the storage or deletion of any Materials that you submit or post or emails you send through the Website. Talking GOOD reserves the right to change its general practices and limits at any time in its sole discretion, with or without notice.
Acceptable Use: General
You agree not to (or attempt to):
- Upload, distribute, or otherwise publish any Materials to or through the Website that contain viruses or other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment;
- Post, upload, or distribute any Materials that constitute or contain affiliate marketing, link referral code, junk mail, spam, chain letters, pyramid schemes, or unsolicited commercial advertisement;
- Post, upload or otherwise distribute any private, personally identifiable, financial, voting, confidential, or proprietary information of another individual or entity without their written express permission;
- Collect personal data about other users for commercial or unlawful purposes;
- Use automated means, including spiders, robots, crawlers, data mining tools, or the like to scrape or download data from the Website, unless expressly permitted by Talking GOOD;
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Upload, post or distribute any Materials which, in Talking GOOD’s sole determination, are indecent, libelous, defamatory, obscene, profane (or partially obscured profanity), harmful of minors in any way, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, otherwise objectionable, contain expressions of hatred, bigotry, racism or pornography, or would constitute or encourage a criminal offense or other illegal activity, violate the rights of any party or any law;
- Attempt to gain unauthorized access to Talking GOOD’s computer systems or engage in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Website;
- Remove or obscure any copyright or other proprietary notices from the Content;
- Sell, reproduce, distribute, modify, display, prepare derivative works based on, or otherwise make unauthorized use of any Content, which is protected by trademarks, copyrights, trade dress or other intellectual property rights; or
- Access, use, modify, copy, reverse engineer, or otherwise derive the source code of any software associated with the Website.
No Representations, Warranties or Endorsements
The content and materials provided on the Website or in email messages are gathered from a variety of sources and are intended solely as general information. Inclusion of any content or materials on the website does not constitute or indicate Talking GOOD’s endorsement, representation or warranty of such information (which may include organization descriptions and missions, donation amounts) or its accuracy, completeness, or timeliness. Through the Website, you may receive access to individuals or entities; however, your choice to contact or deal with any of these individuals or entities is your sole responsibility and Talking GOOD is not involved in any transactions or dealings you have with any third parties.
You agree to indemnify, defend, and hold Talking GOOD and its respective officers, directors, employees, agents, representatives, and affiliates and (collectively, “Affiliates”) harmless from any claim, action, or demand, and associated costs and expenses (including reasonable attorneys fees) arising out of your (or anyone using your password) Materials; use of the Website; interaction with Profiles, companies or organizations that advertise or solicit donations on the Website; violation of these Terms; or violation of any third party’s intellectual property, privacy or other rights.
To the maximum extent allowed by law, you agree that neither Talking GOOD, nor any of its affiliates will be liable to you and/or any third party for any direct, indirect, consequential, exemplary, special, punitive, or incidental damages (including but not limited to lost profits, loss of privacy, loss of data, deletion or failure to store email messages, damage to user computer systems) whatsoever that arise out of or are related to: the Website (and your use of, or inability to use, the website); the modification, alteration, or termination of the website or your access to it; or any breach of these terms, even if Talking GOOD has been advised of the possibility of such damages and even in the event of fault, tort, or strict or product liability. Any claims arising from the website must be brought within one year of the date on which liability arose. Neither Talking GOOD nor its affiliates are responsible for any violation of the privacy or other rights of any third party due to posting of voting information, which is the sole responsibility of the user posting such information.
These Terms are governed by the laws of the State of Maryland without regard to its conflict of law provisions. Any disputes arising under or related in any way to these Terms or the Website shall be litigated or otherwise heard in the appropriate court located in Baltimore County, Maryland, and You hereby consent to the exclusive jurisdiction of the state and federal courts sitting in that county. Talking GOOD may assign any of its rights or obligations under the Terms to another party without notice or consent for any reason.