Terms of Service
Last updated: May-2022
Please read these Terms of Service carefully before using our website www.solvecc.org (the “Service”) operated by Enovant, a California nonprofit organization dba SolveCC (the “Company”, “We” or “Us”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service. If the following Terms of Service are not accepted in full you do not have permission to use the Service.
Your contributions are yours. Those who post information or materials on this website (the “Materials”) retain rights to their own work while giving us the right to distribute their work, and others the right to use the work.
Others’ work is not yours. You agree not to upload Materials to this website that you do not own or are not specifically authorized to use. You also agree to appropriately attribute references to works and ideas created by third parties, including other users of this website.
License to Company. In order to upload content to this Service, you must grant the Company a non-exclusive right to use the Materials and the right to distribute, use, copy, and publish the Materials.
You understand and agree to the following:
GRANT OF LICENSE: For good and valuable consideration, the receipt of which you hereby acknowledge, you hereby grant to the Company and its executives, employees, affiliates, related companies, agents, licensees, sublicensees, brand partners, production partners, social media platforms, contractors, successors, legal representatives, assigns, third-party service providers and their respective brand partners, marketing or public relations agencies and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right and license to use, publish, broadcast, transmit, distribute and re-post (i) Your Materials and (ii) your username, name, voice, image, likeness or other identifying information (“Name and/or Likeness”) as the same appears in connection with Your Content, in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional emails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known.
The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit the Material in any manner in their sole discretion, with no obligation to you whatsoever. No use of the Material or your Name and/or Likeness related to the Material need be submitted to you for any approval for use by the Licensed Parties. The Licensed Parties may offer products or services containing, or derived from, your Material to another member or a third party, for free or for a charge, and proceed fulfilling such transaction.
Notwithstanding the above, the Licensed Parties will have no obligation to make any use of any of the rights granted by you. The Licensed Parties may choose to use, use and stop using, reuse or not use the Materials or Name and/or Likeness at any time. The Licensed Parties’ use of the Materials or Your Name and/or Likeness does not imply any endorsement of or any affiliation with you. You hereby waive any right to inspect or approve any use of the Materials or Name and/or Likeness by the Licensed Parties as permitted hereunder.
TRADEMARKS: Unless otherwise noted, all materials including without limitation, logos, brand names, images, designs, photographs, video clips and written and other materials that appear as part of our Service are copyrights, trademarks, service marks, trade dress and/or other intellectual property whether registered or unregistered, owned, controlled or licensed by the Company.
You may not copy, reproduce, republish, display, transmit or distribute in any way to any other computer, server, website, app or other medium for publication or distribution without the Company’s express prior written consent.
USER OBLIGATION: In seeking to upload Materials to the Service or to engage in activities associated with the Service, I know that I must register and create a user account. I agree to provide accurate and current information as prompted during the account registration process and to update such information to keep it accurate and current at all times. I will be responsible for all activity related to my account and I will not share my password with any other person or post it on this or any other website.
STATUS OF COPYRIGHT: The Company acknowledges that nothing in this license will constitute a transfer or assignment of the copyright in the Materials to the Company. The Company further acknowledges that you will continue to own any copyright that you currently hold in any of the Materials.
SERVICE USE: I understand and agree that through the Service the Materials will be available to third parties who will be granted a worldwide, perpetual, royalty free, non-exclusive license to use, reproduce, distribute, translate and modify the Materials.
ACCURACY OF MATERIALS: I acknowledge that I am solely responsible for the correctness of my Materials. DISCLAIMER. THE MATERIALS ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL THE AUTHORS, COPYRIGHT HOLDERS, THE COMPANY OR THE SERVICE BE LIABLE FOR ANY CLAIM, DAMAGES OR OTHER LIABILITY, WHETHER IN AN ACTION OF CONTRACT, TORT OR OTHERWISE, ARISING FROM, OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS.
AUTHORITY AND THIRD-PARTY PERMISSIONS: I represent that I am the owner of the copyright or other property right in the Materials and that I have authority to grant this license. I further represent that I have identified and/or labeled all parts, items, and content incorporated into the Materials that may be subject to a copyright or other proprietary right held by a third party, and I have permission to use such Materials. If any of the Materials is based upon work that I completed from a grant or agreement sponsored by a third party, other than the Company, I represent and warrant that I have fulfilled any right of review or other obligations required by such contract or agreement. My agreements and representations in this Terms of Service are consistent with my obligations to my employer or institution and will not violate any agreement to which I am a party, or any of my employer’s or institution’s policies, including its policy regarding ownership of intellectual property. I represent that any statements made as part of posting a submission to the Service, including about the status of my organizational affiliations and any partnerships therein, are truthful to the best of my knowledge at the time of posting. Important: Unauthorized use of third-party copyrighted work is illegal.
PROHIBITED CONDUCT: Without limiting other restrictions contained in these Terms of Service, I agree that I will not, under any circumstances, (i) post objectionable material, such as material that is libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful or offers for adult services, or material inciting or advocating terrorism or violence (ii) gain or attempt to gain unauthorized access to any part of the Services, including the accounts of other members (such through the use of bots or other automations as well as the unauthorized use of legitimate member credentials); (iii) interfere with, disrupt, or damage our Services or attempt to do the same (such as by posting viruses, instigating a denial of service attack, or spamming members); (iv) attempt to gain access to or tamper with non-public areas of the Services, our computer systems, and any technical delivery systems of our providers; (v) attempt to prove, scan, or test the vulnerability of our systems, networks, or Services, or breach any security or authentication measure; (vi) conduct facial recognition or other biometric analysis of any Materials posted on the Service; (vii) develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins, and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services; or (viii) otherwise access or use the Services in an unlawful or unanticipated manner.
We may limit the distribution of or remove Materials that we determine violates these Terms of Service. We reserve the right to proactively moderate Materials, although we expressly disclaim any obligation to do so, and we can remove Materials, suspend, delete, or deactivate your account, limit account privileges, or otherwise refuse service to you, if you violate these Terms of Service, or our other policies, or if you infringe intellectual property, or otherwise engage in behavior that we think may harm the Service or a member of the Service.
DISPUTES BETWEEN MEMBERS – WAIVER OF CLAIMS AGAINST THE SERVICE: If you have a dispute with another member, we hope that you will be able to work it out amicably. However, if you can’t, please understand that the Service is not responsible for the actions of our members. Each of our members is solely responsible for their own actions and behavior. Accordingly, you agree that neither the Company nor the Service has no responsibility for the conduct of members or other third parties and, to the maximum extent permitted by applicable law, you hereby release the Company from losses, liabilities, claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes involving you and other members. If you are a California resident, you hereby waive California Civil Code §1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or releasing party.”
WARRANTY: I warrant that I shall not post or transmit Materials that are libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive or hateful, that contains nudity or pornography, that violates the property rights of others (including without limitation infringing use of a copyright or trademark), that violates the privacy or publicity right of others, or that is in violation of applicable laws. I further warrant that my Materials do not infringe on the intellectual property rights of any third party.
INDEMNITY: I agree to indemnify, defend, and hold harmless the Company and its employees, trustees, representatives and agents from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to my violation of the Terms of Service and/or my posting of Materials to the Service; and any liability regarding the ownership, the validity, the infringement and any other liabilities relating to my Materials.
I agree that any submission found to be in violation of any of these Terms of Services will be barred from advancement in the Service community, at the sole discretion of the Service. I further agree that advancement decisions for submitted solutions are made by the Service and its staff and volunteers, are final, and are not subject to appeal for any reason.
GOVERNING LAW AND JURISDICTION: The Terms of Service shall be construed, governed, interpreted and applied in accordance with the laws of the State of California, without regard to conflict of law principles. You agree to be subjected to the personal jurisdiction and forum to be in the Central District of California for any disputes.
SUCCESSORS AND ASSIGNS: The rights and obligations of this license shall be binding upon my heirs and successors in interest.
SEVERABILITY: If any provision of the Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
WAIVER: Except as provided herein, the failure to exercise a right or to require performance of an obligation under the Terms of Service shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
TRANSLATION INTERPRETATION: The Terms of Service may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
CHANGES TO THESE TERMS AND CONDITIONS: We reserve the right, at Our sole discretion, to modify or replace the Terms of Service at any time. We will notify you of any changes by posting the new Terms of Service on this page and updating the “Last updated” date. These changes are effective immediately after they are posted on this page.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Service.
CONTACT US: If You have any questions about these Terms of Service, please contact info@solvecc.org.
