UNSUNG HEROES STUDENT VOLUNTEERS TERMS OF USE


Version Date: February 26, 2020


Unsung Heroes, Inc. Delaware Corporation, (“us”, “we” or “our”), provides the websites www.UnsungHeroes.org and www.sidekick.UnsungHeroes.org (collectively, the “Website” or “Site”) to you, the User, (“you” or “your” or “User”) subject to your compliance with all the terms and conditions herein (the “Terms of Use”).


BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF USE, PLEASE EXIT THE WEBSITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS WEBSITE, ANY CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS WEBSITE, IS TO STOP USING THE WEBSITE AND ANY CONTENT OR INFORMATION YOU’VE RECEIVED. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS WEBSITE.


  1. Description of Services. We spotlight people who are essential to the operation of university and college campuses. Our mission is to shine a light on these workers whose contributions to campus life, who too often go unnoticed, and encourage students (like you) to look in unexpected places for people who can make a difference in their lives.

We are supported by you. You create videos and articles that recognize these staff members, employees and contractors of your university. Your videos and articles are published on our Website (at www.UnsungHeroes.org) and social media pages.

You, as a student journalist, are granted access to the backend of our Website (at www.sidekick.unsungheroes.org) where you can create, upload (and publish content to www.UnsungHeroes.org), as well as access training videos and materials. The content on this backend site is not accessible to the public. You (and our network of student members - anyone who is considered an active member of Unsung Heroes) are the only ones who have access to this backend Site.

  1. Our Website applies to any student involved in Unsung Heroes in any capacity. That is, not every student will be creating content for our Site. For example, some of the students will manage their school’s Unsung Heroes social media accounts. You are part of a network of students across universities nationwide that work independently of each other. You are a student volunteer and not or employee. You will not receive compensation for any content submitted to us.

  2. Here’s what we offer to you as a volunteer student journalist:
    → We provide training videos that teach students how to create compelling content. You gain practical media/journalism skills (educational benefit);
    → We publish and promote your content on our Website and across our social media pages (professional development); and
    → We provide a network of students from other colleges and universities nationwide (professional development).

  3. Registration Data and Privacy. In order to access the Services on this Website, you may be required to use an account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”), and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

  4. Conduct on Website. Your use of the Website is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the Website. By posting information on this Website, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:

    1. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;

    2. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

    3. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; and

    4. You further agree not to:

      1. make any unauthorized use of the Services, including collecting Usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email, or creating User accounts by automated means or under false pretence;

      2. circumvent, disable or otherwise interfere with security-related features of the Website;

      3. engage in unauthorized framing of or linking to the Website;

      4. trick, defraud or mislead us and other Users;

      5. make improper use of our support services or submit false reports of abuse or misconduct;

      6. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots or similar data gathering and extraction tools;

      7. interfere with, disrupt or create an undue burden on the Website or the networks or services connected to the Website;

      8. attempt to impersonate another User or person or use the Username of another User;

      9. sell or otherwise transfer your profile;

      10. use the Services as part of any effort to compete with us or to provide services as a service bureau;

      11. delete the copyright or other proprietary rights notice from any content;

      12. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website;

      13. disparage, tarnish or otherwise harm, in our opinion, us and/or the Website; and

      14. use the Website in a manner inconsistent with any applicable laws or regulations.

  5. Right to Terminate Accounts. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any User conduct is appropriate and complies with these Terms of Use, or terminate or deny access to and use of the Service to any User for any reason, with or without prior notice.

  6. Users Must Be Over Age 18. You represent that you are over the age of 18. We do not target our content to children or teenagers under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User’s account immediately.

  7. User-Generated Content. You own your content, but you allow us certain rights to it, so that we can display and share the content you post. We have the right to remove content if we need to.

    1. Responsibility for User-Generated Content. You may create content, written or otherwise, while using the Service. You are solely responsible for the content of, and any harm resulting from, any content that you post, upload, link to or otherwise make available via the Service, regardless of the form of that content. Any liability, loss or damage that occurs as a result of the use of any content that you make available or access through your use of the Service is solely your responsibility. We are not responsible for any public display or misuse of your content.

    2. Right to Post. You represent and warrant that you have the right to post all content you submit. Specifically, you warrant that you have fully complied with any third-party licenses relating to your content.

    3. We May Modify or Remove Content. We have the right (though not the obligation) to, in our sole discretion, determine whether or not any content is appropriate and complies with these Terms of Use, or refuse or remove any content that, in our reasonable opinion, violates any of our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right to make formatting and edits and change the manner any content is displayed on the Website.

    4. Ownership of Content. Except for content that originates from us, we do not claim ownership of any content that is transmitted, stored, or processed in your account. You retain all ownership of, control of, and responsibility for content you post.

  8. Contribution license. By posting content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right and license to: (1) host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part) and distribute such content (including, without limitation, your image and voice) for any purpose, commercial, advertising or otherwise; (2) prepare derivative works of, or incorporate into other works, such content; and (3) grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. Such use and distribution license will apply to any form, media or technology now known or hereafter developed, and includes our use of your name, company name and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide. You agree to waive all moral rights in your content, and you warrant that moral rights have not otherwise been asserted in your content. You are solely responsible for your content, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your content.

  9. Third Party Websites and Information. This Website may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  10. Intellectual Property Information.

    1. You may use our Unsung Heroes name and logos only in pursuit your voluntary student activities. However, you agree that all content presented to you on this Website is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is our sole property and/or our Associates. (References to our Associates includes all parties involved in creating, producing, and or delivering this Website and its content.) You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Website in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Website. Any unauthorized use of the materials appearing on this Website may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

    2. Neither we nor our Associates warrant or represent that your use of materials displayed on, or obtained through, this Website will not infringe the rights of third parties

    3. We retain our common law and/or statutory trademarks or service marks and or those of our Associates, as applicable, and any new programs, products or Services developed and used on the Website in the future. All custom graphics, icons, logos and service names are our or our Associates’ registered trademarks, common law and/or statutory trademarks or service marks. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or our or our Associates’ name.

  11. Copyright Infringement and Digital Millennium Copyright Act Policy. If you believe that material located on or linked to by us violates your copyright, you or the User should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

    1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed.

    2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.

    3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).

    4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).

    5. Include the following statement: “I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law.”

    6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”

    7. Sign the paper.

    8. Send the written communication to the following address:

Designated Agent for Claimed Infringement:

Contact: Febin Bellamy

Email: febin@unsungheroes.org

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may promptly remove the identified materials from our Website without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials may be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. Disclaimer of Warranties. ALL MATERIALS AND SERVICES ON THIS WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR ASSOCIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

THIS WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS WEBSITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS WEBSITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

  1. No Professional Advice. The information contained in or made available through this Website (including but not limited to information contained on message boards, in text files, or in chats) cannot replace or substitute for the services of trained professionals in any field. Neither we nor our partners, nor any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.

The statements made on this Website and in programs offered through this Website are solely the opinion of the author and in no way should be construed as professional advice.

You alone are responsible and accountable for your decisions, actions and results in life, and by your use of this Website, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance.

  1. Limitation of Liability. IN NO EVENT SHALL WE OR OUR ASSOCIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.

  2. Release and Indemnification. You agree to indemnify and hold us harmless from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement.

If you have a dispute with one or more Users, you release us and our Associates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favour at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Confidential Information. You are solely responsible for maintaining the confidentiality of your password and account, and any not publicized sensitive or confidential information (including email address and phone numbers) (“Confidential Information”). Therefore, you must take steps to ensure that others do not gain access to Confidential Information. You may not transfer or share Confidential Information with anyone, and you will be liable for any and all damages resulting from the release of any Confidential Information.

  2. Term and Termination. These Terms of Use shall remain in full force and effect while you use the Website or the Services or are otherwise a User or member of the Website, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating User accounts in your account settings.

WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION, FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION, AND WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU HAVE UPLOADED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation, pursuing civil, criminal and injunctive redress.

If you wish to delete your User account data, please contact us at febin@unsungheroes.org. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile within 60 days.

  1. Some Provisions Survive Termination. All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability, governing law and jurisdiction.

  2. Modification of Terms. We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this Website and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of this Website after such modifications will constitute acknowledgment of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.

  3. Miscellaneous.

    1. Governing Law and Venue. These Terms of Use and your use of the Website and the Services are governed by and construed in accordance with the laws of the State of New York, excluding such state’s conflicts of laws rules. Any legal action of whatever nature by or against us arising out of or related in any respect to the Website or the Services shall be brought solely in the applicable federal or state court located in or with jurisdiction of New York, New York. You and we hereby consent to (and waive any challenge or objection to) personal jurisdiction and exclusive venue in such federal and state courts. You will be liable for any attorneys’ fees and costs if we have to take any legal action to enforce these Terms of Use.

    2. Complete Agreement. These Terms of Use, together with the Privacy Policy at https://www.UnsungHeroes.org/PrivacyPolicy represent the complete and exclusive statement of the agreement between you and us.

    3. Severability. If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect.

    4. No Waiver. Any failure on our part to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

    5. Limitation of Term of Action. You agree that any cause of action related to or arising out of your relationship with us must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

    6. Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at febin@unsungheroes.org, if by email. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the Website to inform you of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

  4. CALIFORNIA USERS AND RESIDENTS. If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.