These Terms of Use and Privacy Policy (collectively, “Terms of Use”), govern your use of the counterextremism.com website and, unless otherwise stated, to your use of any other website owned or operated by Green Light Project, Inc. d/b/a the Counter Extremism Project (“CEP”) or operated on behalf of CEP by a Service Provider or third party (collectively the “Website”). The Privacy Policy does not apply to CEP’s activities on third party social networks. Please read these Terms of Use carefully before using the Website.
General Terms
Agreement to Terms
Your Agreement to the Terms of Use
By using the Website, you agree to these Terms of Use in full. Each time you use the Website, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, your only remedy is to discontinue using the Website.
CEP may change these Terms of Use at any time and in its absolute and sole discretion. The modified Terms of Use will be effective immediately upon posting and you agree to the new posted Terms of Use by continuing your use of the Website. You are responsible for staying informed of any changes. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the Website.
PROPER USE OF OUR SITE
You may not use the Website for any purpose that is unlawful or prohibited by this Terms of Use, or cause damage on or through the Website. You promise that none of your communications with or through the site will violate any local, state, national or international law. Your further promise that none of your communications with or through the site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.
Accounts
Account and Password
You may be required to create an account and specify a password to use certain features on the Website. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by the registration processes. You may not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password, or other account information.
You are entirely responsible for maintaining the confidentiality of your password and your account. And you are entirely responsible for all activity made by you or anyone that uses your account. You agree to safeguard your password from access by others. If you believe that your account has been compromised, you must immediately contact us by email at [email protected]. You agree to indemnify and hold harmless CEP for losses incurred by CEP or another party due to someone else using your account as a result of your failure to use reasonable care to safeguard your password.
Content Posted or Submitted by You
Content and Intellectual Property
Unless otherwise stated, CEP or its licensors own the intellectual property rights in the Website and all material on the Website, including, without limitation, text, photographs, videos, audio, or other content (collectively, “Content”). All trademarks, logos, and service marks displayed on the Website are registered and unregistered Trademarks of CEP and/or third parties who have authorized their use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, duplicate, exploit, modify, edit, sell, rent, sub-license, publicly display, upload, post, transmit, distribute, or modify these Trademarks or Content in any way. The use of the Trademarks or Content on any other website is strictly prohibited. All of the Content contained on the Website is copyrighted except where explicitly noted otherwise. CEP will aggressively enforce its intellectual property rights to the fullest extent of the law, including, without limitation, the seeking of criminal prosecution. CEP neither warrants nor represents that your use of Content displayed on the Website will not infringe rights of third parties not owned by or affiliated with CEP. Use of any Content on the Website for commercial purposes is expressly prohibited. Further, use of or reliance on any materials on the Website is at your own risk. All of these intellectual property rights are reserved.
Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.
Third-Party Copyrights
Third-Party Websites
The Website may contain hyperlinks to third-party websites. CEP does not control or endorse these third-party websites, their content, any goods or services sold on those websites, or any views expressed within them. Some of these websites may contain materials that are objectionable, unlawful, or inaccurate. You acknowledge and agree that CEP is not responsible or liable for any content or other materials on these third-party websites.
Governing Law and Severability
Choice of Law and Exclusive Venue
These Terms of Use and any disputes arising out of and/or relating to these Terms of Use, the Website, and/or your use of the Website shall be exclusively governed by and construed in accordance with the laws of New York, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction and venue for any claim or dispute arising out of and/or relating to the Terms of Use, the Website and/or your use of the Website shall be exclusively in the state or federal courts located in New York, New York, and you further expressly agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claim or action, and waive any objection to personal jurisdiction and any defense of improper venue, forum non conveniens and/or inconvenient forum.
Severability and Waiver
If any provision of these Terms of Use is found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any provision in these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision.
Warranties
Exclusion of Warranties and Limitations of Liability and Damages
The Website and the Content are provided on an “as is” basis. TO THE FULLEST EXTENT PERMITTED BY LAW, CEP, ITS PARENT, SUBSIDIARIES, AND AFFILIATES (THE “CEP ENTITIES”), AND EACH OF THEIR AGENTS, RESPRESENTATIVES AND SERVICE PROVIDERS, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The CEP Entities, their agents, representatives and Service Providers cannot and do not guarantee or warrant that: (a) the Website will be reliable, accurate, complete, or updated on a timely basis; (b) the Website will be free of human and machine errors, omissions, delays, interruptions or losses, including, without limitation, loss of data; (c) any files available for downloading from the Website will be free of infection by viruses, worms, Trojan horses, or other codes that manifest contaminating or destructive properties; or (d) the functions or services performed on the Website will be uninterrupted or error-free or that defects in the Website will be corrected. Nothing on the Website constitutes or is meant to constitute advice of any kind.
Limitation of Liability
THE CEP ENTITIES’, THEIR AGENTS’, REPRESENTATIVES’ AND SERVICE PROVIDERS’ ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH RESPECT TO YOUR USE OF THE WEBSITE IS TO DISCONTINUE YOUR USE OF THE WEBSITE. TO THE EXTENT THAT THE WEBSITE AND THE CONTENT AND SERVICES ON THE WEBSITE ARE PROVIDED FREE-OF-CHARGE, THE CEP ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER (WHETHER UNDER CONTRACT, TORT, OR OTHERWISE) FOR ANY LOSS OR DAMAGE OF ANY NATURE. NOTWITHSTANDING THE ABOVE, THE CEP ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS SHALL NOT BE LIABLE IN ANY MANNER (WHETHER UNDER CONTRACT, TORT, OR OTHERWISE) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE. THESE EXCLUSIONS FOR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, AND EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR (i) LOST PROFITS, REVENUE, INCOME, OR ANTICIPATED SAVINGS; (ii) LOSS OF INFORMATION OR CORRUPTION OF DATA, DATABASE OR SOFTWARE; (iii) LOSS OF REPUTATION OR GOODWILL, (iv) WORK STOPPAGE, (v) LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, (vi) COMPUTER FAILURE OR MALFUNCTION, OR (vii) ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE CEP ENTITIES, THEIR AGENTS, REPRESENTATIVES AND SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE CEP ENTITIES’, THEIR AGENTS’, REPRESENATIVES’ AND SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
By using this Website, you agree that the exclusions and limitations of warranty, liability and damages set out in this Website and Terms of Use are reasonable and will protect CEP’s officers, employees, agents, subsidiaries, successors, assigns, subcontractors and Service Providers, as well as CEP. If you do not think they are reasonable, you must not use this Website.
Indemnification, Defense and Hold Harmless
Indemnification
You agree to indemnify, defend, and hold the CEP Entities, and each of their agents, representatives, and Service Providers harmless from and against any and all claims, including but not limited to third party claims, damages, costs, and liabilities, including reasonable attorneys’ fees arising out of, or in connection with, your violation of these Terms of Use.
Termination
Termination of Use
CEP has the right to terminate your account and/or access to the Website for any reason, including, without limitation, if CEP, in its sole discretion, considers your use to be unacceptable, or in the event of any breach by you of the Terms of Use. CEP may, but shall be under no obligation to, provide you a warning prior to termination of your use of the Website.
Entire Agreement
These Terms of Use (which by definition include the Privacy Policy) constitute the entire agreement between you and CEP in relation to your use of the Website, and supersedes all previous agreements in respect of your use of the Website.
Privacy Policy
CEP is sensitive to the privacy concerns of visitors to its Website. The purpose of this Privacy Policy is to describe what types of personal information we collect from visitors to the Website, the purposes for which we use the information, and to whom and under what circumstances we disclose your personal information.
WEB SITE OPERATORS
The Website is operated by CEP. Certain companies including, without limitation, promotional, internet and public relations service providers, customer relationship management service providers, data hosting service providers, and other independent contractors (collectively, “Service Providers”) assist CEP with respect to its Website. In this Privacy Policy, CEP and Service Providers are referred to collectively as “we” or “our.” CEP is the sponsor of the Website. Service Providers will develop and/or host the Website and/or its data, provide other services such as customer service support for the Website, analysis of the performance of the Website, and ongoing communication with website users. If you have any questions regarding this Privacy Policy or any other matter in connection with the Website, please contact us by email at [email protected].
COLLECTION OF INFORMATION
Collection and Use of Non-Personal Information
Certain non-personal information about Website visits may be recorded by the standard operation of the Internet servers on which the Website is hosted and/or the servers of various third-party Service Providers. The non-personal information that we collect may include IP addresses, the type of operating system in use (e.g., Macintosh or Windows), the type of browser being used by the visitor (e.g., Netscape or Internet Explorer), the number and frequency of visitors to the Website, and the site the visitor was on immediately before visiting the Website.
When you view the Website or use website features, we may collect certain non-personal information from you by using small text files known as cookies. We use cookies for several purposes, such as to recognize visitors to our Website, to determine the number of unique visitors to our Website, to ascertain which Website pages they visit, and to conduct internal reviews of the Website. We may associate information we collect via cookies with the personal information we collect online (we explain the personal information we collect online in the “Collection of Personal Information” section of this Privacy Policy below).. We may use the combined information to personalize your experience on the Website, to personalize communications we may send to you, and in general, to further CEP’s mission. You are always free to decline cookies, but in doing so you may not be able to use certain features on the Website. The “help” segment of the toolbar on most browsers will tell you how to configure your browser to not accept new cookies, how to have the browser inform you when you receive a new cookie, and how to erase cookies from your hard drive.
We may also use web beacons to count page visits by our users, to access our cookies, and otherwise to improve your experience on the Website. Data generated by web beacons is non-personal information, but we may associate such data with the personal information we collect online. If you have registered to receive emails from us, we may also use web beacons in our emails to let us know which emails you have opened and acted upon, allowing us to gauge the effectiveness of our communications and marketing campaigns. If you would like to opt-out of these emails, please follow the instructions in the email.
Our website uses Google Analytics and its display advertising features, a service which transmits website traffic data to Google servers in the United States. Google Analytics does not identify individual users or associate your IP address with any other data held by Google. We use reports provided by Google Analytics to help us understand website traffic and webpage usage. If you would like to opt-out of Google Analytics for display advertising you may do so by using the Ads Preferences Manager.
Collection of Personal Information
We collect personal information (such as first and last name, gender, home or other physical address, e-mail address, phone number) when you voluntarily submit it to us, such as when you sign a petition, open an account, make a donation, or register for an event. We also collect personal information about others if you provide it to us through our Website; for example, by participating in our counter-extremism programs. Personal information is stored on the servers of various third-party Service Providers.
Use of Personal Information
CEP or Service Providers acting on its behalf may use information collected from Website visitors to generally fulfill the counter-extremism mission of our organization and manage your online interaction with CEP. For example, we will use information collected from the Website: (1) to send communications to our visitors; (2) to allow us to notify visitors of upcoming events or activities on the Website; (3) to conduct internal reviews of the Website (e.g., to determine the number of visitors to the Website); (4) to help us better understand visitors’ use of the Website; (5) to respond to specific requests from our visitors; (6) to provide any necessary notices to our visitors; (7) administer the Website; (8) to protect the security or integrity of our site; and (9) to make the disclosures described below. To opt out of emails, please follow the instructions in the email message.
DISCLOSURE OF INFORMATION
CEP may transfer or otherwise disclose the information it collects from Website visitors to employees and Service Providers of CEP, its subsidiaries and affiliates if the disclosure will enable that party to perform a business, professional, or technical support function for CEP, will further our counter-extremism mission, or if required to do so by law. We may also transfer or otherwise disclose personal information in response to judicial process, to comply with legal requirements, and, as permitted under applicable law, to provide information to government agencies or in connection with an investigation on a matter related to public safety. We may also use your information as permitted by law to protect our rights or property, the Website, or its users. And, we may disclose your personal information to the purchaser, transferee or assignee (or prospective purchaser, transferee or assignee) of any business or asset which CEP is (or is contemplating) selling or transferring.
Except as otherwise stated in this Privacy Policy, CEP will not sell, rent or otherwise disclose your personal information to any third party for the purpose of direct marketing.
SECURITY OF INFORMATION
We maintain physical, electronic, and procedural safeguards to guard your personal information, and will take reasonable technical and organizational precautions to prevent the loss, misuse or alteration of your personal information. Of course, data transmission over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. Further, information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this Privacy Policy. Information you provide may be transferred to countries which do not have data protection laws equivalent to those in force in the United States. Nevertheless, you expressly agree to such transfers of personal information.
UNFORESEEN CIRCUMSTANCES
Third-Party Websites
CEP is not responsible for the policies, content, and practices of third-party websites to which the Website may link. Please refer to those websites’ own privacy policies to learn how they collect and use personal information.
CHANGES TO THIS PRIVACY STATEMENT
Agreement to Privacy Policy terms and Amendment
By visiting the Website, you are agreeing to the practices described in this Privacy Policy. On occasion, it may be necessary for CEP to change the terms of the Privacy Policy. We will do so by posting updated text on the Website, and your continued use constitutes acceptance of those changes. To ensure that you are aware of current privacy practices, we recommend that you check this site periodically. We will not materially change how we handle previously collected information without providing notice and an opportunity to choose how we use that information.
Donation Refund Policy
Donations to CEP are considered nonrefundable; however, CEP reserves the right to return any donation for any reason in its sole discretion. If you discover a donation was made to CEP fraudulently or without proper authorization, please notify CEP in writing at [email protected] within 15 days of the donation. Any return of a donation will be made using the original method of payment.
CONTACT US
If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please contact us at the following mailing address or telephone number:
Mailing Address:
Counter Extremism Project
Consumer Relations Department
P.O. Box 3980
New York, New York 10185
E-mail: [email protected]
™ & © 2018 Counter Extremism Project. All rights reserved.