END USER TERMS AND CONDITIONS

Innovate Your State, a California nonprofit public benefit corporation, ("IYS") owns and operates the Internet sites located at www.innovateyourstate.org and www.FixCal.org (collectively, the "Sites"). By accessing, browsing and/or using the pages in these Sites, you agree to these end user terms and conditions ("Terms and Conditions"). THIS AGREEMENT CONTAINS DISCLAIMER AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms and Conditions, do not access, browse or use these Sites. Any information you provide through www.FixCal.org may also be subject to IdeaScale’s Privacy Policy and Terms and Conditions.

GRANT AND RESTRICTIONS ON USE

The materials published on these Sites, and any other Internet site owned, operated, licensed, or controlled by IYS or any of its related, affiliated or subsidiary companies (collectively the "Materials") may not be copied or distributed, republished, uploaded, posted or transmitted in any way, except as otherwise permitted by IYS or any of its relevant related, affiliated or subsidiary company or companies, as the case may be.

IYS hereby grants you a limited right to use the Materials, features and services provided by IYS on these Sites, solely for your personal, non-commercial use, to post any idea ("Idea"), comment or other material, subject to these Terms and Conditions. All of the Materials available on these Sites are proprietary and the subject of copyright and author's rights and nothing herein shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property right.

COPYRIGHT

IYS respects the intellectual property rights of others and expects its users to do the same. It is IYS’s policy, in appropriate circumstances and at its discretion to remove user submissions or content and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or intellectual property rights of others.

In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, IYS will respond expeditiously to claims of copyright infringement committed using the Sites that are reported to IYS’s Designated Copyright Agent, identified below.

Notice

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement (the "Notice") and delivering it to IYS’s Designated Copyright Agent. Upon receipt of the Notice as described below, IYS will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

Please provide the following information in writing (see 17 U.S.C 512(c)(3) for further detail) to our Designated Copyright Agent: 

  1. A physical or electronic signature of a 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 at a single online site are covered by a single notification, a representative list of such works at that site;
  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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
  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.

Deliver this Notice, with all items completed, to IYS’s Designated Copyright Agent:

Designated Copyright Agent

Attn: President

Innovate Your State
2882 Sand Hill Road, Suite 150
Menlo Park, CA 94025
email: info@innovateyourstate.org

Counter-Notice

If you believe that your submission or content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material, you may send a counter-notice containing the following information to the Designated Copyright Agent:

  1. Your physical or electronic signature;
  2. 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;
  3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
  4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in San Francisco, California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
  5. A physical or electronic signature (for example, typing your full name).

If a counter-notice is received by the Copyright Agent, IYS 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 IYS's sole discretion.

Note: There are legal and financial consequences for fraudulent and/or bad faith submissions. Before submitting a counter-notice, be sure that you are the actual rights holder of the removed content or that you have a good faith belief that the material was removed in error, and understand the repercussions of submitting a false claim.

ACCEPTABLE USE POLICY

You are prohibited from transmitting any "sensitive" personally identifiable information over the Sites, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security numbers or national identifiers, information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters ("Sensitive Personal Information"). You are also prohibited: (i) from using the Sites to send or post harassing, abusive, or threatening messages; (ii) transmit through the Sites any information, data, text, files, links, software, or other materials that IYS considers to be unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, hateful, racially, ethnically or otherwise objectionable or which threatens our relationships with our partners, customers or suppliers; (iii) from attempting to conceal or misrepresent the identity of the sender or person submitting the information; (iv) disrupting the normal flow of the Sites, including any dialogue on the Sites or otherwise act in a manner that negatively affects other participants; (v) from sending spam or other direct marketing communications or posting, transmitting or linking to any unsolicited advertising, promotional materials, or any other forms of solicitation or commercial content; (vi) intentionally or unintentionally performing or promoting any activity that would violate any applicable local, state, national or international law, including but not limited to any regulations having the force of law while using or accessing the Sites; (vii) posting or transmitting executable programming of any kind, including viruses, spyware, trojan horses, easter eggs, or any other form of computer programming; (viii) posting Submissions (as defined below) or using the Sites in such a way that damages the image or rights of IYS, other Users or third parties; (ix) posting Submissions that are copyrighted by, protected by trade secrets of or otherwise subject to the proprietary rights (including without limitation privacy and publicity rights) of, any third party, unless you have permission from that third party to do so; and (x) from creating any frames at any other Sites pertaining to any portions of these Sites.

You agree that IYS shall be the sole arbiter of whether any Submissions are in breach of any and all of the foregoing obligations.  IYS does not endorse any Submissions or any opinion, recommendation, or advice expressed therein, and IYS expressly disclaims any and all liability in connection with submissions.  IYS reserves the right to remove any and all Submissions without notice.

USER SUBMISSIONS

You give IYS a non-exclusive, free, worldwide license for the duration of the applicable author's rights, to publish your remarks, ideas, graphics, photographs, or other information communicated to IYS through these Sites (together, the "Submission"). In addition to the right to publish, IYS is also granted under said license the following rights, without limitation: (i) the right to reproduce; (ii) the right to transfer, which includes the distribution via computer and networks; (iii) the right to edit, modify, adapt, arrange, improve, correct, translate, in all or in part; (iv) the right to update/upgrade by adding or removing; and (v) the right to film, perform or post the Submission in any media. Except as described in our Privacy Policy, IYS will not be required to treat any Submissions as confidential.

Your Submission, including any personally identifiable information, is voluntary and subject to the Privacy Policy. You are responsible for the content of the Submission and agree to defend (at IYS's option and at your sole expense), indemnify and hold IYS harmless from any damages, losses, costs, or expenses, including attorneys' fees, which IYS may incur as a result of your Submission. If you are viewing these Sites on a public computer or are otherwise using a computer to which multiple people have potential access, be sure to follow all relevant instructions to ensure you are sufficiently disconnected and logged off these Sites and the computer system you are using to prevent unauthorized Submissions. IYS retains the right to review, edit, or delete from these Sites any Submission which IYS in its sole discretion considers illegal, offensive, or otherwise inappropriate.    

Without limiting the generality of any other provisions of these Terms and Conditions, you:

  • Represent and warrant that (1) you are a natural person over eighteen years of age and that you may legally agree to these Terms and Conditions and (2) that all information you provide to IYS is true and correct, and that you shall update it as required to ensure that it continues to be true and correct.
  • Represent and warrant, to the best of your knowledge, the submitted Ideas represent your own original work, you have all necessary rights to disclose the Ideas to IYS, and IYS’s review and/or use of the Idea will not infringe upon any other individual's or entity's rights. You also hereby agree to indemnify, defend and hold harmless IYS against any losses or liabilities arising from or in connection with any claim of infringement of the rights of others.
  • Agree to follow and be bound by other terms posted on the Sites, including but not limited to “Contest Rules”.
  • Understand that disclosure of Ideas to IYS does not establish a confidential relationship or obligate IYS to treat the Ideas (or any related materials) as secret or confidential.
  • Understand that IYS has no obligation, either express or implied, to develop or use your Ideas and that no compensation is due to you or anyone else for any inadvertent or intentional use of the Ideas, related Ideas or Ideas derived from your Ideas. You understand that IYS assumes no obligation with respect to any Idea unless and until IYS enters into a written contract with you, and then only as expressed in that contract. Without limitation, IYS, nor the “investors” recruited by IYS, are under any obligation to fund or otherwise have a future relationship with you. For your own protection, we assume that you will rely on whatever patent protection you may want to secure, or have already secured, in your Ideas. In the absence of a separate formal contract, your rights shall be limited to those existing under the patent laws of the United States.
  • Represent and warrant, if your Idea is the subject of a pending or issued patent, you have disclosed or will disclose that fact to IYS. To the extent you hold a patent in the Idea, IYS acknowledges that no license under any patent is herein granted to IYS. Any license to use a patented Idea shall be in the form of a written contract, in which event IYS's obligations shall be only those expressed in such contract.
  • Agree that neither the discussion or negotiations between IYS and you relating to the possible purchase or license of an Idea, nor the making of any offer for the purchase or license of an Idea, shall prejudice IYS in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of a submitted Idea. Further, IYS consideration or its discussions or negotiations with you will not in any way impair IYS’s right to contest the validity or infringement of your rights.
  • Acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of your Idea to IYS is entirely voluntary, and (c) IYS, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or an idea similar to the Idea on its own.
  • You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and IYS, you hereby irrevocably release and forever discharge IYS and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against IYS and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Idea, including without limitation in respect of how IYS and its affiliates and subsidiaries, directly or indirectly, use the Idea.

ACCESS TO SITE

IYS reserves the right to review your Submissions in order to ensure compliance with these Terms and Conditions and our Privacy Policy. IYS reserves the right to deny or revoke access to these Sites, or any part thereof, at any time in its sole discretion, with or without cause. While IYS endeavors to ensure that these Sites is available at all times, IYS shall not be liable if, for any reason, these Sites is unavailable at any time or for any period.

You are solely responsible to ensure that any accounts created on the Sites are used only by you and in a manner consistent with these Terms and Conditions. You agree to keep your user names and passwords confidential, and not allow any third party to use such usernames or passwords. You hereby agree to indemnify and defend IYS from and against any losses or liabilities arising from any disclosure or misuse of your usernames or passwords.

DISCLAIMER

THE MATERIALS AND INFORMATION ON THESE SITES MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. IYS MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME WITHOUT NOTICE. THE MATERIALS, INFORMATION AND SERVICES ON THESE SITES ARE PROVIDED "AS IS" WITHOUT ANY CONDITIONS, WARRANTIES OR OTHER TERMS OF ANY KIND. ACCORDINGLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IYS PROVIDES THESE SITES ON THE BASIS THAT IYS EXCLUDES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND OTHER TERMS (INCLUDING WITHOUT LIMITATION, THE CONDITIONS IMPLIED BY LAW OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND THE USE OF REASONABLE CARE AND SKILL) WHICH BUT FOR THESE TERMS AND CONDITIONS MIGHT HAVE EFFECT IN RELATION TO THE SITES.      

LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IYS, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITES) AND THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF IYS EXCLUDE ALL LIABILITY AND RESPONSIBILITY FOR ANY AMOUNT OR KIND OF LOSS OR DAMAGE THAT MAY RESULT TO YOU OR A THIRD PARTY (INCLUDING WITHOUT LIMITATION, ANY DIRECT INDIRECT, PUNITIVE OR CONSEQUENTIAL LOSS OR DAMAGE OR ANY LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGE ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS INTERRUPTION AND WHETHER IN TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), CONTRACT OR OTHERWISE) IN CONNECTION WITH THE SITES IN ANY WAY OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES, OR THE MATERIAL ON SUCH WEBSITES, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE DUE TO VIRUSES THAT MAY AFFECT YOUR COMPUTER EQUIPMENT, SOFTWARE, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING OF ANY MATERIAL FROM THE SITES OR ANY WEBSITE LINKED TO THE SITES. NOTHING IN THESE TERMS AND CONDITIONS SHALL EXCLUDE OR LIMIT IYS'S LIABILITY FOR (I) FRAUD; WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (II) DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE; OR (III) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED BY LAW.      

TRADEMARK INFORMATION

All IYS trademarks, service marks, domain names, logos, and company names referred to on these Sites are either trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of IYS or its affiliates or licensors. In countries where any of the IYS trademarks, service marks, domain names, logos and company names are not registered, IYS claims other rights associated with unregistered trademarks, service marks, domain names, logos, and company names. Other product or company names referred to on these Sites may be trademarks of their respective owners. You may not use any trademark, service mark, domain name, logo, or company name of IYS or any third party without permission from the owner of the applicable trademark, service mark, domain name, logo, or company name.

JURISDICTION; COMPLIANCE WITH LAWS

Access to and use of these Sites and these Terms and Conditions are governed by U.S. federal law and/or the laws of the State of California without regard to the conflict of law provisions thereof. Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.  The arbitration shall take place in San Francisco, California, USA, in the English language and the written arbitral decision may be enforced in any court.  With respect to all disputes arising in relation to this Agreement, but subject to the preceding arbitration provision, you and IYS consent to exclusive jurisdiction and venue in the state and Federal courts located in San Francisco, California.  The prevailing party in any action or proceeding to enforce this Agreement will be entitled to recover costs and attorneys’ fees.

YOU AGREE TO RESOLVE DISPUTES WITH IYS ONLY ON AN INDIVIDUAL BASIS, AND AGREE NOT TO BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.  CLASS ARBITRATIONS, CLASS ACTIONS, PRIVATE ATTORNEY GENERAL ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT ALLOWED.

WAIVER

The delay or omission by either party to enforce or exercise any terms or right pursuant to these Terms and Conditions will not impair any such term or right nor be construed to be a waiver thereof and shall in no way affect the other party's right later to enforce it. Any waiver by either party of any covenants, conditions or agreements to be performed by the other party will not be construed to be a waiver of any succeeding breach thereof or any covenant, conditions or agreement herein contained.      

LINKS

The Sites may provide links to other websites or resources over which IYS does not have control (“External Websites”). Such links do not constitute an endorsement by IYS of those External Websites. You acknowledge that IYS is providing these links to you only as a convenience, and further agree that IYS is not responsible for the content of such External Websites or any business dealings you may have with such External Websites. Your use of External Websites is subject to the terms of use and privacy policies (if any) located on the linked to External Web sites, and is at your own risk. Certain other websites may link to the Sites. You may provide links to the Sites from your own website as long as you do not use any IYS trademarks, and do not link to this Website by any means that gives visitors to your own website the impression that you are linking to pages that are within your own website, or that IYS endorses your website, sponsors your website, or is in any way affiliated with your website.

PRIVACY POLICY

The terms of the “Privacy Policy” posted on the Sites are incorporated herein by reference, and you agree to abide by and be bound by such terms.

MODIFICATIONS TO TERMS AND CONDITIONS

IYS can revise these Terms and Conditions at any time by modifying or updating this posting, except where other notice or consent is required by law. Your use of these Sites on or after the effective date of any such modification or update will constitute your acceptance of these Terms and Conditions as modified and/or updated. These Terms and Conditions were last revised on April 26th, 2015.

Join Innovate Your State to improve government

Loading... spinner