UNSUNG HEROES STUDENT
Date: February 26, 2020
Unsung Heroes, Inc. Delaware
Corporation, (“us”, “we” or “our”),
provides the websites www.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
BY USING THIS WEBSITE, YOU
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.
BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS
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
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.
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.
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
→ We publish and promote your content on our
Website and across our social media pages (professional
→ We provide a network of students from
other colleges and universities nationwide (professional
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.
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:
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;
harasses, degrades, or intimidates an individual or group of
individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
on any patent, trademark, trade secret, copyright, right of
publicity, or other proprietary right of any party; and
further agree not to:
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;
disable or otherwise interfere with security-related features of
in unauthorized framing of or linking to the Website;
defraud or mislead us and other Users;
improper use of our support services or submit false reports of
abuse or misconduct;
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;
with, disrupt or create an undue burden on the Website or the
networks or services connected to the Website;
to impersonate another User or person or use the Username of
or otherwise transfer your profile;
the Services as part of any effort to compete with us or to
provide services as a service bureau;
the copyright or other proprietary rights notice from any content;
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;
tarnish or otherwise harm, in our opinion, us and/or the Website;
the Website in a manner inconsistent with any applicable laws or
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 use of the Service to any User for any reason, with or without
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.
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.
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.
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
May Modify or Remove Content. We have the right (though not the
obligation) to, in our sole discretion, determine whether or not
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.
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.
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.
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.
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.
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
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
service mark, logo, and/or our or our Associates’ name.
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:
in sufficient detail the copyrighted work that you believe has been
infringed upon or other information sufficient to specify the
copyrighted work being infringed.
the material that you claim is infringing the copyrighted work
listed in item #1 above.
information reasonably sufficient to permit us to contact you
(email address is preferred).
information, if possible, sufficient to permit us to notify the
owner/administrator of the allegedly infringing webpage or other
content (email address is preferred).
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 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.”
the written communication to the following address:
Agent for Claimed Infringement:
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.
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.
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.
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
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.
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.
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.
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.
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.
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.”
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.
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.
and Termination. These
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.
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
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.
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.
you wish to delete your User account data, please contact us at
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.
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.
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
Law and Venue. These
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
the complete and exclusive statement of the agreement between you
parties’ original intent. The remaining portions will remain
in full force and effect.
will not be considered a waiver of our right to enforce such
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
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 firstname.lastname@example.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.
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.