Terms of Use

INTRODUCTION: CONSENT TO TERMS

Your use of the Facing Project website, Facing Project Podcasts, and the Facing Project Blog (collectively, the “Facing Project website” or the “Service”) is subject to these Terms of Service. “Facing Project” means Facing Project, whose principal place of business is at 2290 W. County Rd 1000 N. Muncie, IN, 47303. Please read the Terms of Service before using the Service. By using the Service, you agree to be bound by these Terms of Service. If you do not agree to these Terms of Service, please exit the site. We reserve the right, at our discretion, to modify, add or delete portions of these terms at any time by posting updated Terms of Service on the Facing Project website. Please check these terms frequently for updates. Any modifications, additions or deletions to these terms shall be effective immediately upon posting of updated Terms of Service. Your continued use of the Service following the posting of updated Terms of Service will mean that you agree to those changes.

COPYRIGHTS

The contents of the Facing Project website are protected by U.S. and international copyright laws. You may not reproduce, distribute, transmit, display, prepare derivative works, or perform any copyrighted material from the Facing Project website without the prior written consent of Facing Project, except as provided below. You may copy and print a limited amount of content for your personal, non-commercial use only, provided that you include all copyright and other notices contained in the content and that you do not modify the content. Any other use of content contained or displayed on the Facing Project website content requires prior written permission from Facing Project. For permission requests, email howdy@facingproject.com.

TRADEMARKS

The Facing Project name, logo and the technical terms associated with the Facing Project process are service marks of Facing Project. All rights reserved. You may not use any Facing Project service marks, logos or graphics without Facing Project prior written consent, except for noncommercial purposes.

Facing Project is a registered trademark.

LINKS TO THE FACING PROJECT WEBSITE

Facing Project encourages and permits links to content on the Facing Project website. However, Facing Project is a nonprofit organization committed to connecting people through stories to strengthen communities by leveraging the passions and skills of writers, storytellers, actors, and other artists to highlight the stories of everyday people, both in content and appearance. Therefore, the linking should not (a) suggest that Facing Project promotes or endorses any third party’s causes, ideas, website, products or services, or (b) use Facing Project content for any commercial purposes. We reserve the right to withdraw permission for any link.

LINKS TO THIRD PARTY SITES

Facing Project may provide links to Internet sites maintained by third parties, over which Facing Project has no control. Facing Project does not endorse the content, operators, products or services of such sites, and Facing Project is not responsible or liable for the content, operators, availability, accuracy, quality, advertising, products, services or other materials on or available from such sites. Facing Project 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 use of or reliance on any such content, products or services available on or through such sites.

USE OF THE SERVICE

If you use the Service, including by making comments on the Facing Project Blog, Discussion Board, or by submission of a story, an email, or other information via our website, your use is subject to the following rules:

  1. You may not post, upload or transmit any messages or materials anonymously or under a false name or a false email address.
  2. You may not remove, obscure or alter any proprietary rights notices (such as copyright or trademark notices) which may be affixed to or contained within the Service.
  3. While we do not seek to limit expression of ideas, lewd, obscene, pornographic, racist, belligerent, commercial, or sexually explicit language will not be tolerated on the Facing Project Blog or Discussion Board. Facing Project may delete any post that we deem to contain foul language or to be otherwise inappropriate without warning. In the case of repeated offenses, Facing Project retains the right to terminate your posting privileges.
  4. We do not tolerate communications that may be unlawful or harmful to other Facing Project users. We do not tolerate blog comments that aim to insult anyone or are hateful, harassing or abusive.
  5. You may only post, upload or transmit materials for which you have the copyright or other permission to distribute electronically. For example, if you post an article from a newspaper or magazine, song lyrics or graphics, you need to either own the copyright in the posted material or otherwise have permission to post the material. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that any posted, uploaded or transmitted materials will be owned by or licensed to you or in the public domain.
  6. If we determine that removal of a blog post or other content is necessary, we will make every effort to do so within a reasonable time frame. However, making deletions or other corrections is a manual process and may not happen immediately.
  7. The website can only be used for personal, non-commercial purposes. You cannot distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods and services.
  8. You may not post, upload or transmit any software or other material which contains a virus or other harmful code or device. You may not use the website to distribute chain letters, mass mailings or “spam” or to gather e-mail addresses for the purpose of sending “spam” to other users of the website.
  9. By posting, uploading or transmitting any material on or through the website, you hereby grant Facing Project a non-exclusive, perpetual, royalty-free, worldwide license to use, copy and transmit that material in all media, whether or not now known, and your name and location (city, state and/or country), if you provide that information to use in connection with the posted, uploaded or transmitted material.
  10. Facing Project is not responsible or liable for any materials posted on the Facing Project Blog, Discussion Board, or posted, uploaded or transmitted on or through the website by you or others. Facing Project cannot verify the accuracy of statements that users place on the Facing Project Blog, Discussion Board, or on or through the website, and does not guarantee that any material posted, uploaded or transmitted has been done with the permission of the copyright or proprietary owner or is otherwise in compliance with the rules of the Facing Project Blog, Discussion Board, or these Terms of Service.
  11. Persons under the age of eighteen (18) MUST obtain parental permission before registering for the Discussion Board, posting, uploading or transmitting material on or through the Service, or providing personal information to register for the Service. Children under the age of thirteen (13) are NOT eligible to participate in the Service, even with parental consent.
  12. By using the Service, you agree to abide by these rules. You acknowledge that Facing Project has the right (but not the obligation) to pre-screen, review, filter, modify, refuse, delete, edit or remove material that it deems, in its sole discretion, to be in violation of the rules of the Facing Project Blog, Discussion Board, or these Terms of Service, or which it otherwise, in its sole discretion, considers to be objectionable. You further acknowledge that Facing Project has the right (but not the obligation) to limit or terminate access to the Service, including the Facing Project Blog, Discussion Board, for any reason, including violation of the rules of the Facing Project Blog, Discussion Board or these Terms of Service.

REPRESENTATIONS; INDEMNITY

You represent and warrant that (a) any material you post, upload or transmit on or through the Service does not and will not violate any rules of the Service or these Terms of Service, and (b) your use of the Service complies with these Terms of Service. You agree that you will indemnify and hold harmless Facing Project and its directors, officers, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the above representations and warranties, (2) your use of the Service, (3) the materials you have posted, uploaded or transmitted on the Facing Project Blog or in the Discussion Board, or on or through the website, or (4) Facing Project’ publication, distribution or use of such materials.

DISCLAIMER

THE SERVICE AND ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WHILE FACING PROJECT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, WE VALUE THE SECURITY OF YOUR DATA AND TAKE STEPS TO PROTECT YOUR DATA TO THE EXTENT POSSIBLE USING INDUSTRY-STANDARD TECHNOLOGY AND SERVICES. NOR DOES FACING PROJECT MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.

LIMITATION OF LIABILITY

IN NO EVENT WILL FACING PROJECT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE OR RELATING TO ANY PRODUCTS SOLD ON OR THROUGH THE SERVICE. IN NO EVENT WILL FACING PROJECT, ITS DIRECTORS, OFFICERS, EMPLOYEES OR MEMBERS BE LIABLE FOR ANY AMOUNT IN EXCESS OF $100. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN LOSSES OR DAMAGES. THEREFORE, ONLY THOSE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

COPYRIGHT POLICY

REPORTING CLAIMS OF COPYRIGHT INFRINGEMENT

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this site (the “Website“) infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

  •           Your physical or electronic signature.
  •           Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.
  •           Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
  •           Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  •           A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
  •           A statement that the information in the written notice is accurate.
  •           A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

J.R. Jamison

The Facing Project Gives, Inc. (DBA The Facing Project)

2290 West County Road 1000 North, Muncie, IN.  47303

[1-260-267-6092]

[jr@facingproject.com]

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

COUNTER-NOTIFICATION PROCEDURES

If you believe that material you posted on the Website was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice“) by submitting written notification to our copyright agent (identified below). Pursuant to the DMCA, the Counter-Notice must include substantially the following:

  •           Your physical or electronic signature.
  •           An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  •           Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
  •           A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
  •           A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

Completed Counter-Notices should be sent to:

J.R. Jamison

The Facing Project Gives, Inc. (DBA The Facing Project)

2290 West County Road 1000 North, Muncie, IN.  47303

[1-260-267-6092]

[jr@facingproject.com]

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.]

REPEAT INFRINGERS

It is our policy in appropriate circumstances to disable and/or terminate the accounts of users who are repeat infringers.

INTERNATIONAL USERS

The website is controlled and operated within the United States. Facing Project makes no representation that content, materials or products available on or through the website are appropriate or available for use outside of the United States. If you access the website from a location outside the United States, you are responsible for compliance with applicable laws, including U.S. export laws and regulations.

MISCELLANEOUS

These Terms of Service represent the entire understanding of the parties regarding the use of the Facing Project website and supersede any previous documents, correspondence, conversations, or other oral or written understanding related to these Terms of Service. These Terms of Service shall be governed by and construed under Indiana State law without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms of Service or relating to the website shall be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, in the State of Indiana. A modification or waiver of a part of these Terms of Service shall not constitute a waiver or modification of any other portion of the Terms of Service. If for any reason any provision of these Terms of Service is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms of Service will continue in full force and effect.

QUESTIONS

If you have any questions about the Terms of Service, please contact us at howdy@facingproject.com.

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