Terms of Use

Welcome to the Zillient.org  website (the “Site”).  The Site is being hosted and managed by Blue State Digital, Inc.  and its agents ( “we” or “us”), a [corporation organized under the laws of the State of Delaware], under a grant from the Rockefeller Foundation. The following Terms and conditions, together with our Privacy Policy, Cookies Policy, and all information on or submitted through this Site, (collectively, these "Terms of Use"), govern your access to and use of Zilient.org, including any content, functionality, and services offered on or through Zilient.org, whether as a guest or a registered user.

Your use of this Site or any third-party sites managed by us, or your provision to us of any content or information constitutes your agreement to these Terms of Use and any other terms and conditions that may be outlined elsewhere on this Site, including but not limited to our Privacy Policy and Cookies Policy.  If you do not agree to comply with these Terms of Use in their entirety or your jurisdiction will not honor the terms of this Site, you are not authorized to use this Site, and you must not access or link to this Site or download any materials or content from this Site.  We reserve the right to modify these Terms of Use at any time for any reason and without notice.  Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Site so you are aware of any changes, as they are binding on you. You acknowledge and agree that you are responsible for keeping yourself apprised of any such changes.

Restrictions on Use of Content; Copyright

Unless otherwise noted, all materials on this Site are protected as the copyrights, trade dress and trademarks and/or other intellectual properties owned by The Rockefeller Foundation (the “Foundation”), and/or its grantees or affiliates or by other parties that have licensed their material to us or to the Foundation.  We, the Foundation, the Foundation’s grantees or affiliates expressly reserve all rights to this Site and the materials contained therein under U.S. and international laws. You may copy or distribute the text materials contained in this Site but only for personal, non-commercial, educational or public policy use, distributed free of charge, provided that you include the following notice on all copies: “Please credit Zilient, an initiative of The Rockefeller Foundation, the Thomson Reuters Foundation, Blue State Digital and OnFrontiers. All rights reserved.” and provided that attribution to any author and editor as set out on the Site is noted.  The materials contained in this Site may not be modified or altered in any way. You may not copy or distribute any photograph, illustration, artwork, video, or other graphic material contained on this Site for any use without first obtaining written permission from (at legal@zilient.org or the address and numbers listed below) and/or any other applicable copyright owner(s). Except as described above, you may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or in any way exploit any part of our Site, including computer programs and other coding.

Trademarks

You acknowledge and agree that THE ROCKEFELLER FOUNDATION’s and the Thomson Reuters Foundation’s and Blue State Digital’s name, logo and other registered trademarks and service marks (“The Marks”) used in the Site are trademarks of The Rockefeller Foundation, the Thomson Reuters Foundation, or Blue State Digital in the United States and other countries. You may not use The Marks for any product or service that does not belong to us, the Foundation, or the Thomson Reuters Foundation, nor in any manner that is likely to cause confusion about whether we, the Foundation, or the Thomson Reuters Foundation are the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use The Marks in any manner that disparages or discredits us, the Foundation, or the Thomson Reuters Foundation.

Registration and User Profiles

Some areas of the Site may require you to register or create a user profile as part of a registration process.  Completion of the process usually involves creating an account with a user name or identifier and password, which you agree to guard as confidential information and take all reasonable measures to keep secure.  You agree to provide accurate, current and complete information at all times, and to update it in a timely manner.  If you provide (or if we have reasonable grounds to believe you provided) inaccurate or incomplete information, we may suspend or terminate your access, application, or participation in our programs, in addition to exercising all rights and remedies allowed by law.

You agree that all uses of the identifier created by you will be attributed to and legally bind you and may be relied upon by us and our agents, affiliates, the Foundation, and other third parties with whom we work, including but not limited to our and their respective affiliates, current and former trustees, officers, staff and agents (collectively “Third Parties”), as being a use made by you, even if someone else uses your identifier.

Links, Frames and Metatags

You may link to the home page of our Site as long as the link does not cast us in a false or misleading light. Please provide advance notice of such linking to Zilient.org at  legal@zilient.org or at the address and numbers listed below. You may not frame the content of our Site. You may not use metatags or any other “hidden text” that incorporates The Trademarks or our name without our express prior written consent.

Links to Other Web Sites

The Site contains links to other websites that we think may be of interest and provide them as a convenience to you.  We have no control over these other sites and our links to them do not constitute our endorsement of these websites or their content. You should be aware when you leave the Site for another, and remember that other sites are governed by their own user agreements and privacy policies, which you should be sure to read. You agree that any visits to linked sites are at your own risk and are governed by their terms and policies.

Blogs, Discussion Boards and Online Forums

Most of the information and opinions expressed in materials posted by visitors on blogs, discussion boards, lists or other similar venues of our Site (“Forums”) is provided by third parties, like you.  We make no representations or warranties regarding such posted materials and do not monitor, control or accept liability for any information posted to the Forums.  Our forums are public, not private communications.  Therefore, any personal information you voluntarily disclose may be collected and used by others and may result in unsolicited messages.  We specifically disclaim responsibility for such third party usage of any information posted to the Forums.

By entering this Site or participating in or posting to any Forum, you represent and warrant to us the following: For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this website or your participation in or posting to any Forum, you shall not submit, upload or post to any Forum any text, graphic material or other information or data (singly or collectively, “content”) that (1) libels, defames, invades privacy or is obscene, pornographic, abusive or threatening; (2) infringes any intellectual property or other right of any person or entity, including but not limited to, infringement of copyrights or trademarks; (3) falsifies or deletes author attributions, legal notices, or other proprietary designations; (4) violates any law; (5) contains viruses, corrupted files or other materials that may cause damage to another’s computer; (6) advertises or otherwise solicits funds or sales of goods or services, or (7) contains “lobbying” or “electioneering” materials within the meaning of the United States Internal Revenue Code of 1986, as amended.

Content posted on any Forum remains the intellectual property of the individual user. By posting such content on this Site, you expressly grant The Rockefeller Foundation a nonexclusive, perpetual, irrevocable, royalty-free, fully paid-up worldwide, fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, transmit, perform and display such content and your name, voice, and/or likeness as contained in such content, in whole or in part, and in any form throughout the world in any media or technology, whether now known or hereafter discovered, including all promotion, advertising, marketing, merchandising, publicity and any other ancillary uses thereof, and including the unfettered right to sublicense such rights, in perpetuity throughout the universe. Any such content is deemed nonconfidential, and The Rockefeller Foundation shall be under no obligation to maintain the confidentiality of any information, in whatever form, contained in any content.

By posting any content on any Forum, you agree to indemnify and hold harmless The Rockefeller Foundation and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your breach of the foregoing representations and warranties to us.

Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

User Contributions

The Site may contain message boards, chat rooms, personal profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site. All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates, licensees, successors, and assigns, the Foundation, the Foundation’s affiliates, licensees, successors, and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that: (1) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, licensees, successors, and assigns; (2) All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, the Rockefeller Foundation, nor the Thomson Reuters Foundation, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Disclaimer of Warranties and Limitation of Liability

THIS SITE AND ALL CONTENT IS SUBJECT TO CHANGE AND IS PROVIDED BY US OR THIRD PARTIES “AS IS” WITHOUT ANY WARRANTY OR CONDITION, AND WITHOUT THE UNDERTAKING OF ANY DUTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR ANY DUTY OF WORKMANLIKE EFFORT OR LACK OF NEGLIGENCE.  THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IN THIS SITE IS WITH YOU.  YOU AGREE THAT YOU WILL OBTAIN (INCLUDING VIA DOWNLOAD) ANY CONTENT AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE AND THIRD PARTIES DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE AND THIRD PARTIES ARE NOT LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU THAT RESULTS FROM YOUR USE OF THIS SITE OR YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.

Release and Indemnity

For good and valuable consideration, the receipt and sufficiency of which you acknowledge by your entry to this Site or participation in or posting to any Forum, you hereby agree to release and waive any and all claims and/or liability against us, The Rockefeller Foundation and Third Parties, if any, arising from or in connection with your use of this Site.  You also agree to indemnify and hold harmless The Rockefeller Foundation and Third Parties, if any, from and against any and all third party claims, demands, fines, penalties, damages, liabilities, costs, fees, expenses or amounts of any kind or nature whatsoever, including, without limitation, attorneys’ fees, arising or resulting from or in connection with your use of this Site or failure to abide by any applicable law.  You also agree to cooperate fully in the defense of any of the foregoing.

Copyright Complaints; DMCA Compliance

We respect the intellectual property rights of others and request that Site users do the same.  If you believe that your work has been infringed under copyright law, please follow the instructions below for notifying our Digital Millennium Copyright Act (“DMCA”) designated agent.

To file a notice of infringing material found on our Site, please provide a notification containing the following details:

  1. Identification of the copyrighted work claimed to be infringed or, if multiple works, a representative list of such works;
  2. Identification of the material on our Site that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
  3. Your contact information (address, telephone number and, if available, an email address);
  4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
  5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed; and
  6. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest.

Please send this notice to:

By Mail: Zilient.org, c/o Blue State Digital Legal Department, 101 Avenue of the Americas, 12th Floor, New York, NY, 10013

By Email: legal@zilient.org

Note to Users Outside of the United States

This Site is controlled by us from offices in the United States of America.  If you choose to access this Site from locations outside the U.S. you do so at your own risk and you are responsible for compliance with any local laws.  You may not use or export anything from the Site in violation of U.S. export laws, regulations, or these Terms of Use.

Termination

We reserve the right to terminate the Site and these Terms of Use at any time without notice for any reason including, in the case of the Terms of Use, for your violation of any of its provisions. The Disclaimer of Warranties, Limitation of Liability, Release and Indemnity and Governing Law Sections of these Terms of Use shall survive any such termination.

Governing Law

These Terms of Use will be governed by the laws of the State of New York applicable to contracts made and performed there without regard to its conflicts of law principles. You agree to submit to the exclusive jurisdiction of the state and federal courts sitting in the State and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.

Entire Agreement

These Terms of Use, including the Privacy Policy and Cookies Policy, are the entire agreement between you and us and supersede any prior understandings (oral or written).

Changes and Updates to Terms of Use

We may change or update these Terms of Use and we encourage you to refer back to it periodically.  When we revise these Terms of Use we will also revise the Effective Date below.

Effective: January 31, 2017