USER AGREEMENT

Effective Date: July 24, 2006

Welcome to the website (“Site”) of the National Visionary Leadership Project (“NVLP”). Our Site provides access to the first-person stories of extraordinary African American elders, related educational resources, and extensive information about NVLP programs.
This agreement governs your use of our Site (“User Agreement”). Please read the User Agreement carefully. By visiting or using the Site, you agree to the terms of the User Agreement. We may update this User Agreement from time to time by posting the modified User Agreement on this page or, if we determine that it’s appropriate, we may post a notice of the change on our home page. By continuing to use the Site after we have posted such modifications or notice, you agree to the terms of the modified User Agreement.

Privacy Policy

Please review our Privacy Policy, which is a part of this User Agreement and describes what information we collect when you visit our Site, how we collect it, how we use it and the steps we take to protect it.

Use of the Site

You may use most areas of our Site without registering or providing Personal Information (as defined in the Privacy Policy). You must, however, register and open an account to participate in certain features. You are responsible for maintaining the confidentiality of the user name and password associated with your account and for all activity under your account. Please notify us immediately if you suspect or become aware that someone may have gained unauthorized access to your account. NVLP reserves the right to suspend or terminate your user account at any time for any reason that NVLP determines in good faith is necessary.

Copyright

Our Site and all content (including text, photographs, graphics, logos, images, audiovisual materials, audio files, software and other materials) are owned by or licensed to NVLP and are protected by United States and international copyright laws and other intellectual property laws.

You may copy, distribute, publicly display or perform an insubstantial portion of the materials on this Site solely for personal, non-commercial purposes such as teaching, scholarship, research, criticism and news reporting. If you download or print text files, images, audio files, audiovisual files or any other content from our Site, you must include all trademark, copyright, and other proprietary rights notices in the same form in which the notices appear on our Site. You may not modify or alter the proprietary notices in any way or put any different notices on NVLP content. Unless otherwise noted, you may not alter or modify any of the content that you print or download from our Site.
You may not print or electronically reproduce any content from Our Site for bulk or commercial uses without first obtaining NVLP’s permission. To request copyright permissions, please contact NVLP at NVLPvisionary (at) outlook (dot) com.

Except for the foregoing, you may not copy, distribute, publicly display, publicly perform, modify or create derivative works of, or otherwise exploit or use materials on our Site (or any computer programs and other coding) without the express prior written permission of NVLP in each case.

Notice of Copyright Infringement

We intend that all content provided on our Site respect the copyright and other proprietary rights of third parties. When Site visitors post content on our Site, of course, we are unable to monitor the copyright ownership of all posted content. If at any time you believe that any content on our Site infringes your copyrighted material, then you may request the content be removed from the Site in accordance with the Copyright Act, 17 U.S.C. 512(c)(3) and procedures described below.

You must send a notice that complies with the Copyright Act, 17 U.S.C. §512(c)(3) ("Notice") to the agent we have designated with the Copyright Office:

Chief Executive Officer
National Visionary Leadership Project
PO Box 92375
Washington, DC 20090

To comply with the Copyright Act, your Notice must be in writing and must include:

(1) A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

(3) 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 information reasonably sufficient to permit us to locate the material;

(4) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;

(5) A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(6) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a Notice that complies with the Copyright Act, we will remove the identified material promptly. We will promptly take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and subsequent removal. The alleged infringer may then provide us with a counter-notice ("Counter-Notice) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:

(1) A physical or electronic signature of the alleged infringer;

(2) Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

(3) A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error;

(4) The alleged infringer’s name, address, and telephone number; and

(5) A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.

Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.

Trademarks

NATIONAL VISIONARY LEADERSHIP PROJECT, NVLP, the NVLP logo, and other indicators of source that we use on the Site are registered and common law trademarks owned by NVLP ("NLVP Trademarks"). You may not use any NVLP Trademarks in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion about the source of any product or service, or in a manner that implies NVLP endorses any third-party product or service or that disparages or discredits NVLP. Our Site may also contain the trademarks and service marks of third parties; you may use third-party marks only as the applicable third party permits.

User Feedback & Interactive Forums

From time to time our Site may include forums where you can express your views, read and respond to the views of other Site users and post content, including stories, historical works and educational lesson plans. Any material distributed through our Site by third parties represents the views of the respective creator and not those of NVLP.
Any materials and messages that you post on the Site are not private or confidential. Please read our Privacy Policy, regarding your Personal Information.

By posting any content on our Site, you irrevocably grant us a non-exclusive, worldwide, royalty-free, unrestricted license (with the right to sub-license the right) to reproduce, distribute, publicly display, publicly perform, modify and create derivative works of and otherwise use the content, in whole or in part, in any medium now known or later developed. You warrant that you have the right to grant these rights to NVLP and that you will not post any content that infringes or violates any proprietary, privacy or publicity, or other rights of any party or that violates any law.

While NVLP has no obligation to monitor content posted by visitors on the Site, we reserve the right, in our discretion, to remove any content that we deem inappropriate.

To maintain a safe and civil environment, you agree not to post any content on the Site that:

(1) is libelous, obscene, pornographic, harassing, or abusive in any way;

(2) is violent, hateful, or threatening to any group (defined by race, ethnic or national origin, religion, gender, sexual orientation or other protected category);

(3) infringes any copyright, trademark, trade secret or other proprietary right of another;
(4) violates anyone’s right of privacy or publicity or is otherwise illegal;

(5) contains code or other elements (including viruses, bugs, worms, trojan horses or otherwise) that can disrupt or damage the Site, its content, computer programs, related hardware or computer equipment in any manner;

(6) promotes or offers to sell any products or services; or

(7) impersonates another person or entity, that collects or uses any information about Site visitors, or involves distribution of chain letters, junk mail, "spam" solicitations, commercial advertising, or other bulk communications of any kind.

Frames, Metatags and Links

You may not frame the content of our Site. You may not use metatags or any other “hidden text” that incorporate NVLP Trademarks or our name without our express prior written consent. You may link to the home page of our Site so long as the link does not create any false or misleading association. Please let us know if you link to our Site by contacting us at NVLPvisionary (at) outlook (dot) com. If you link to our Site, you agree that such links will not be used on a website that contains content prohibited by this User Agreement or that would give rise to liability on behalf of NVLP or violate any law or imply NVLP’s sponsorship, endorsement or approval of another party’s site or activities.

Our Site may contain links to other Websites that we think may be of interest to you. We do not control other sites or their content, and you should read the privacy policies and terms of use that govern your use of other sites.

Disclaimers

OUR SITE IS AVAILABLE “AS IS” AND "AS AVAILABLE." WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN CONTENT AVAILABLE THROUGH OUR SITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OR NONINFRINGEMENT OF ANY CONTENT ON THE SITE OR AVAILABLE THROUGH LINKS ON THE SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS IN THE SITE. IF YOU RELY ON OUR SITE AND ANY OF ITS CONTENT, YOU DO SO SOLELY AT YOUR OWN RISK.

TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE SITE OR ANY CONTENT, SERVICES OR PRODUCTS THAT ARE AVAILABLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT THE PURPOSE HAS BEEN DISCLOSED).

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF DESTRUCTIVE MATERIALS TO OUR SITE (SUCH AS VIRUSES, WORMS, “TROJAN HORSES,” AND OTHER MALICIOUS CODE) WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

Limitation of Liability

NVLP (AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER (INCLUDING THOSE BASED ON LOSS OR INJURY BECAUSE OF ERRORS, OMISSIONS, INTERRUPTIONS OR INACCURACIES IN OUR SITE OR THAT RESULT FROM YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT).

NVLP (AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, INCLUDING ANY CONTENT, SERVICES OR PRODUCTS OFFERED THROUGH THE SITE IN ANY MANNER, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR ANY OTHER LEGAL OR EQUITY THEORY. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify NVLP (and its officers, directors, employees and agents) against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees), that NVLP may incur based on your violation of this User Agreement. We have the right, but not the obligation, to control the defense of any claim for which we are entitled to indemnification. You agree to provide us with whatever cooperation we reasonably request.

Termination

We reserve the right to deny you access to the Site and to terminate your account and this User Agreement at any time without notice for any reason, including your violation of this User Agreement. The following sections of this User Agreement survive any such termination: the restrictions imposed on you with respect to material you download from the Site, Trademarks, your license to NVLP of any content you provide to us via the Site, Disclaimers, Limitation of Liability, Indemnification, the General provisions (including governing law and jurisdiction) and any other provision that by its terms contemplates survival.

General

This User Agreement, including the Privacy Policy, is the complete agreement between us regarding your use of the Site and is governed by the laws of the District of Columbia applicable to agreements made and performed there without regard to its conflicts of law principles. You irrevocably agree to bring any claim or dispute relating to your use of the Site and this User Agreement exclusively in the state and federal courts located in the District of Columbia, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue or inconvenient forum objections to such courts. If a court determines that any provision of this User Agreement is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to fullest extent permitted by law.

© 2013 National Visionary Leadership Project.

Last updated: October 2013