Introduction
This website, www.the74million.org, its sub-domains, and all feeds and services provided therein (individually and collectively, the “Website”) are published and maintained by The 74 Media, Inc., a Delaware non-stock corporation and tax-exempt charitable organization pursuant to Section 501(c)(3) of the United States Internal Revenue Code (“Company”). Please read the following terms of service and Company’s privacy policy located at www.the74million.org/privacypolicy (“Privacy Policy”, and together the “Terms”) fully and carefully before using or submitting content to the Website. The Terms constitute a legally binding agreement and exclusively governs the use of the Website by users (“you”, “your”).
By accessing, browsing, contributing, viewing, registering, or otherwise using the Website, you unconditionally accept and agree to be bound by the Terms. If you do not agree to these Terms, you are not granted permission to enter into or use the Website for any purpose, and you must immediately cease using and leave the Website.
The Terms are effective of and were last updated on July 13, 2015. Company reserves the right to modify, alter, amend, or update the Terms at any time without notice to you in Company’s sole and absolute discretion, and such new Terms will immediately take effect upon Company posting such new Terms on Company’s website. You are encouraged to frequently visit this website from time to time to review current Terms. Notwithstanding the foregoing, Company will attempt to notify you in advance of any changes to the Terms. Notice of any new or revised Terms will appear online at www.the74million.org/termsofservice. Your continued use of the Website following any changes to the Terms shall be deemed your acceptance of all changes and your agreement to be bound by the most current Terms. Any questions, requests for assistance, thoughts, or complaints regarding the Terms can be directed to Company at: [email protected]
The Website may contain links to third party content, including, without limitation, other websites, for the convenience of visitors or for advertising purposes, which Company has not reviewed. Company linking to third party content does not imply an advertisement or endorsement of any service, product, or otherwise, provided by such third party. Company is not responsible for any third party content linked to or from the Website and expressly disclaims, without limitation, any responsibility for any third party content, the accuracy of any information found on any third party web site, or the quality of products of services provided by or advertised on such third party website. Your use of any third party content is at your own risk, and subject to the terms and conditions of such third party’s website. Company encourages you to review the terms and conditions and privacy policy of any third party website that you visit.
Access and Accounts
In order for you to access some or all of the Website, you may have to create a 74 Media account, or register with Company through a social media site, such as Facebook (an “Account”). You may do this on Company’s website at the following address: www.the74million.org/accounts. When creating an Account, a copy of these Terms will be provided to you before you are permitted to register. When registering an Account, you must provide Company with accurate and complete information, such as your legal name and email address. You are also required to authenticate your Account through entering a username and password prior to your use of the Website. You are solely responsible for activity that occurs on your Account, keeping your username and password secure, and you must notify Company immediately upon any breach of security or unauthorized use of your Account. If you use the Website on a public computer, or unprotected mobile device, you acknowledge it is your responsibility to log out of the Website. You may cancel your Account at any time by following instructions found on your Account page. For any questions, please contact Company at: [email protected] For more information, please see Company’s Privacy Policy.
Through creating an Account, or otherwise using the Website, you authorize Company, from time to time, to electronically communicate with you in order to provide information concerning your Account, the Website, or Company’s services. For more information, please see Company’s Privacy Policy.
Company reserves the right to terminate a user’s Account and/or access to the Website if a user is determined, in Company’s sole discretion, to violate the Terms herein, or for any reason whatsoever or for no reason.
Intellectual Property
All right, title, and interest in and to the Website, including, without limitation, all articles, audio content, blogs, graphics, images, photographs, text, video content, and the selection, coordination, arrangement, and organization of all material found on the Website (“Content”) is owned entirely by Company and protected under the copyright laws of the United States, and other countries, subject only to the rights of Company’s affiliates and licensors under applicable agreements.
Company welcomes your interaction on the Website, and you may submit materials to Company regarding the same. By submitting any user generated Content, comment, feedback, materials, or submissions (together, a “Submission”) through the Website or otherwise, such as an article, comment to a blog article, or feedback concerning the Website or Company, you agree that Company will be deemed the exclusive owner of each Submission and you assign all rights that you have in and to each Submission to Company. Each Submission will remain the exclusive property of Company, including, without limitation, exclusively owning any copyrights in and to the Submission throughout the universe, in perpetuity. Company will be free to use the Submission for any purpose, without any liability to you whatsoever, including, without limitation, the right to adapt, display, distribute, or publish the Submission in all media. In the event that all or part of a Submission, is not owned by you, you hereby grant Company, and its affiliates, a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sub-licensable and transferable irrevocable license to access, display, distribute, exhibit, market, modify, perform, prepare derivative works, promote, redistribute, reproduce, use, view, and otherwise exploit such Submission in connection with the Website and for any other purpose related to Company’s business, through any media channels, in perpetuity. You also grant each user of the Website a non-exclusive, perpetual irrevocable license to use, reproduce, distribute, display, perform, and access the user generated Content for non-commercial, personal and informational purposes.
Company’s name and brand, including, without limitation, The 74 Million™, The Seventy Four™, and 74 Million Reasons to Talk About Education™ are protected under the trademark laws of the United States and/or the various states.
Content
Company may add, change, discontinue, remove, or suspend the Website at any time, without notice to you and without any liability. Company reserves the right, in Company’s sole discretion, to change how it operates the Website at any time for any reason whatsoever and to block, moderate, or remove Content or Submissions, at any time in Company’s sole discretion. Typically, Company will remove Content or Submissions that are illegal, obscene, threatening, insulting, defamatory, or invasive of privacy. You understand that Company may not publish any Submissions you submit to Company and Company has sole discretion of whether to ever publish such Submissions.
Restrictions and Permitted Uses
Unless expressly permitted herein, you shall not copy, create derivative works, display, distribute, modify, perform, publish, reproduce, transmit, or otherwise exploit any part of the Website, including, without limitation, any Content. Without generally limiting the foregoing, you may not sell or offer any part of the Website to any third party and you may not use any part of the Website to construct a database of any kind.
You may use Content for the following limited purposes:
  1. You may repost, or make excerpts, of any Content, provided that you give Company and the underlying author credit for creation of the Content and provide a link back to the original Content on Company’s Website.
  2. You may use the Content for any purpose that would fall under the principles of the “fair use” doctrine of United States copyright law. Company respectfully requests that you give Company and the underlying author credit for creation of the Content and provide a link back to the original Content on Company’s Website.
            (iii)      You may make a reasonable number of print copies of Content that is limited to your personal                      use only.
Notwithstanding anything to the contrary contained herein, the permitted uses found above should not be construed as granting, by implication or otherwise, any other license or right to use any Content. Any other unauthorized use of Content is strictly prohibited and may subject you to civil liability under copyright laws, trademark laws, the laws of publicity or privacy, and other civil and criminal statutes, rules, or regulations.
Digital Millennium Copyright Act (DMCA)
Company is committed to complying with U.S. copyright and related laws, and requires that you comply with these laws. Owners of copyrighted works who believe that their rights under U.S. copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 ("DMCA") to report alleged infringements. A copyright owner of any Content believed to be infringed should contact Company immediately to report any concerns of infringement by providing notice to Company’s Designated Agent as required by the DMCA, Title 17 U.S.C. § 512. Such notice must be provided by email to Company at the following address, [email protected], but you may also simultaneously send such notice to Company via mail at the following address: 74 Media, Inc., Attn: Designated Copyright Agent, 222 Broadway, 24th Floor, New York, New York 10038. Such notice must include, at a minimum:
            (a)        a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
            (b)        the identification of the copyrighted work claimed to have been infringed;
            (c)        the 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;
            (d)        information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and, if available, an e-mail address;
            (e)        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
            (f)        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.
For clarity, only DMCA notices should go to the Designated Copyright Agent; any other general communications should be directed to Company at: [email protected] You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
If you believe that content of yours that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner or the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a DMCA counter-notice to Company’s Designated Copyright Agent containing the following information:
            (i)        your physical or electronic signature;
            (ii)       the 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;
            (iii)      a statement that you have a good-faith belief that the content was removed or disabled as a result of a mistake or a misidentification of the content, and any relevant proof related to the same; and
            (iv)      your name, address, telephone number and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York County, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Company’s Copyright Agent, Company is permitted to and may send a copy of the counter-notice to the original complaining party informing that person or entity that the removed content may be replaced or no longer disabled in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider or user in the next 14 business days after receipt of the counter notice, the removed content may be replaced, or access to it restored, in Company’s sole discretion.
Representations and Warranties
You accept and agree to abide by all Terms herein, which for the avoidance of doubt, include the Privacy Policy, and are under no disability, or other restriction, which prevents your ability to enter into, perform in accordance thereof, and comply with all Terms herein. You acknowledge you are at least 18 years of age, and if you are under 18, may not, under any circumstance, create an Account. Please see Company’s Privacy Policy for additional information regarding the Children’s Privacy and Parental Controls.
You agree that your use of the Website, including, without limitation, uploading or posting any a Submission to the Website, will not violate any law or regulation, including, without limitation, copyright laws, trademark laws, patent laws, trade secret laws, and publicity and privacy laws, or interfere with any third party's use and enjoyment of Website. You warrant and represent that you have all necessary licenses, rights, consents, and permissions to publish Submissions you upload or post to the Website. It is strictly prohibited to post or transmit any unlawful, threatening, defamatory, or infringing material or impersonate any persons while using the Website. You agree to not upload any obscene materials to the Website.
You represent, warrant, and agree that you will not, via the Website or otherwise, cause damage to the Website or impair the availability or accessibility of the Website in any way which is fraudulent, unlawful, illegal, or harmful, including, without limitation, modifying, adapting, bypassing, or hacking the Website to change, de-crypt, interrupt, destroy, or limit the functionality of Company’s, or its users, computer software, hardware or telecommunications equipment; upload, post, host, transmit Submissions, unsolicited emails, “spam” messages, worms, or viruses or any code of a destructive nature;  contact any other visitor or user of the Website for any illicit purpose or who has requested not to be contacted; access the Website through unpermitted automated means; or attempt to gain unauthorized access to Company’s servers or computer system or engage in any activity that interferes with the performance of, or impairs the functionality of, the Website or any services provided by Company or its affiliates.
You are responsible for all costs associated with accessing or using the Website and you are responsible for any system software and/or hardware compatibility requirements for use of the Website.
You acknowledge and agree that sometimes, Content is subject to restrictions imposed by Company’s affiliates, and these Content providers may require additional terms and conditions for the use, access, or viewing, of such Content. You agree that your use of the Website shall be subject to all of these additional terms and conditions, which Company will endeavor to provide to you before or at the time of your use. You agree to not remove any copyright, trademark, or other legal notices that accompany any Content accessible or downloaded via the Website. If you have any questions, please contact Company at: [email protected] In certain cases, Content available may become unavailable due to restrictions from such third parties. Company will have no liability to you for any such unavailability.
Company may, from time to time, use various technologies to verify your compliance with the Terms and you consent to Company using any monitoring or other analogous technology associated with monitoring your access to the Website.
You acknowledge that you may not use the Website in any other way not expressly stated herein or approved in an advance writing by Company. Company explicitly reserves all rights related to the Website not specifically contemplated herein.
Disclaimer
The Website is made available “as is” and “with all faults.” Use of the Website is entirely at your own risk and you should use your best judgment and exercise caution while using the Website. Company does not endorse, nor offer any opinions, on any Content found on the Website. Content created by third parties are the opinions of the author and not the opinion of Company, and the accuracy and completeness of such Content is the sole responsibility of such author. Company does not monitor all Content found on the Website for offensive, indecent, objectionable, or unlawful Content and is not liable to you for any offensive, indecent, objectionable, or unlawful Content. You acknowledge that through Company providing you with access to the Website, Company is not undertaking any obligation or liability relating to the Content. Company makes no guarantee that your use of the Website, and all other features or functionalities associated with the Website, or delivery or display of the Website, will be uninterrupted, interference free, or error free, or be free from any viruses, worms, or other security intrusions, and that Company is not liable to you for any such defect. You understand that the Website may contain inaccuracies, omissions, and delayed information and that Company is not liable to you for any such defect. Company strives to provide accurate descriptions of all products and services found in or on the Website, and encourages its users to provide for accurate descriptions of all products and services found in or on the Website; however, Company does not warrant the description of all products and services are complete, error-free, or accurate. Company shall have no liability to you for any inaccurate information provided on the Website. Notwithstanding the foregoing, every attempt is made to provide you with complete, error-free, and accurate information. If you believe there are any discrepancies, please contact company at [email protected] For the avoidance of doubt, Company, to the fullest extent permissible by applicable law, disclaims all warranties, expressed or implied, written or oral, arising from a course of dealing, performance, usage of trade, or otherwise, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
To the fullest extent allowable by applicable law, Company, and its affiliates, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary, extra-contractual, or punitive damages of any kind whatsoever, including, without limitation, lost revenues or lost profits, which are in any way related to the Website, regardless of legal theory (including, without limitation, contract, tort, personal injury, property damage, negligence, warranty, or strict liability), whether or not Company, or its affiliates, have been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purposes. Any claim against Company shall be limited to the amount actually paid to you, if any, for use of the Website. If you are dissatisfied with the Website, or with any of these Terms, or feel Company has breached these Terms, your sole and exclusive remedy is to discontinue using the Website and if applicable, delete your Account.
Indemnification
You agree to indemnify Company, and its affiliates, members, managers, directors, officers, employees, agents, attorneys, contractors and licensors (“Indemnitees”) against all claims, actions, suits, and other proceedings arising out of or incurred in connection with your use of the Website in violation of the Terms or your representations or warranties hereunder (“Claims”), including, without limitation, a violation of a third party’s copyright rights in any Submission, and shall indemnify and hold the Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and legal costs) arising out of or incurred in connection with such Claims. This indemnification obligation shall survive these Terms and your use of the Website. Company reserves the right to take over the exclusive defense of Claims for which Company is entitled to indemnification, and in such an event, you shall provide reasonable cooperation to Company.
Entire Agreement
The Terms, which for the avoidance of doubt includes the Privacy Policy, represent the entire understanding between Company and you, superseding all prior agreements (including previous versions of the Terms), whether oral or written, with respect to your use of the Website and all other subject matter contained herein. The Terms shall be binding upon and inure to the benefit of Company and your respective assigns, successors, heirs, and legal representatives, including, without limitation, any third party that acquires all or part of Company. The Terms cannot be modified or amended, except as expressly provided for herein. The Terms are personal to you and are not assignable, transferable, or sublicensable by you except with Company’s prior written consent. Company may freely assign the Terms. If any part of the Terms is deemed by a court of law to be void, voidable, illegal, or unenforceable, the remainder of the Terms will remain in full effect as if such void, voidable, illegal, or unenforceable part had not existed.  The waiver by either party hereto of a breach of any of the provisions of the Terms by the other party hereto shall not be construed as a waiver by the non-breaching party of any subsequent breach by the breaching party.  Headings are inserted for convenience only and are not intended to be part of or to affect the meaning or interpretation of the Terms. All provisions of these Terms which by their nature should survive termination or expiration, shall survive termination or expiration.
Choice of Law
By accessing, viewing, or using the Website, you consent and agree that: (i) the Terms will be exclusively governed by the laws of the State of New York applicable to contracts entered into and performed within the State of New York and notwithstanding any conflict of law principles; (ii) you accept service of process by personal delivery or mail; and (iii) you irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available. Any dispute related to the Terms shall be exclusively resolved in the state and federal courts located in New York County, New York. Any alleged claim or cause of action you may have with respect to your use of the Website must be commenced within one (1) year after the alleged claim or cause of action arises. All rights and remedies are cumulative and shall in no way affect any remedy available to either party under equity or law. You agree that any violation of the breach of the Terms by you will result in irreparable harm to Company, that monetary damages may be inadequate, and you hereby agree Company shall be entitled to seek injunctive relief.
Notice
All legal notices pursuant to the Terms shall be in writing and shall be given by email to Company at: [email protected] and via mail to 74 Media, Inc., 222 Broadway, 24th Floor, New York, New York 10038. By using the Website, you agree that any notice due under the Terms that Company sends you electronically will satisfy any legal communication or notification requirement.