Tell3 Site User Agreement

Effective as of: March 6, 2009

Welcome to the Tell3 website ("Tell3 Site"). This Site is run by the American Civil Liberties Union, Inc. and the American Civil Liberties Union Foundation (collectively, "ACLU"), in conjunction with Freedom to Marry, Join the Impact, GLAD, NCLR, National Gay and Lesbian Taskforce, Equality California, PFLAG and Equality Federation. The ACLU also operates other websites that don't contain this domain names, such as www.aclu.org. This User Agreement does not apply to those websites (unless those websites specifically link to this User Agreement) and the terms of the user agreements for those other ACLU websites may differ from the terms of this User Agreement. This is not the user agreement for ACLU's or any Tell3 member's general websites (including aclu.org or for any blogs, forums or social networking sites where ACLU has a presence that are on websites other than the Tell3 Site. This is not the user agreement for the websites of any ACLU local affiliate, and you should refer to those affiliates' websites or contact those affiliates to learn those websites' terms of use. Please read this User Agreement carefully, including the Tell3 Online Privacy Statement. By using the Tell3 Site, you agree to follow the rules set forth on these web pages. From time to time we may revise this User Agreement, including its Online Privacy Statement, so be sure to check these web pages occasionally. If we do make material changes, we will post a notice on our home page that the User Agreement has been modified and provide a link to the revised User Agreement. When you continue to use the Tell3 Site after we post a change, it means you agree to the new rules.

The American Civil Liberties Union and the American Civil Liberties Union Foundation

The American Civil Liberties Union and the American Civil Liberties Union Foundation are separate organizations that are each engaged in the same mission of defending the rights guaranteed under the U.S. Constitution, including First Amendment freedoms, equality, privacy rights and fundamental fairness. To learn more about the American Civil Liberties Union and the American Civil Liberties Union Foundation and the different activities carried on by each organization, click this link.

Online Privacy Statement & Information You Voluntarily Submit to the Tell3 Site

Please review the Tell3 Online Privacy Statement, which is part of this User Agreement and describes how we handle any personally identifying information about Tell3 Site users, including information you voluntarily submit to ACLU through the Tell3 Site. By providing such information, you hereby acknowledge and agree to ACLU's treatment of such information as described in the Tell3 Privacy Statement.

Copyright

The ACLU owns or licenses the copyright in all the materials on the Tell3 Site, including text, graphics, logos (except for Coalition members' logos), button icons, audio clips, photographs, and software, and those rights are protected by United States and international copyright laws and other intellectual property laws ("Tell3 Site Content"). Further, ACLU owns or licenses the copyright in any videos added to the Tell3 site ("Videos"). To the extent your use of material on the Tell3 Site does not constitute "fair use" for which you do not need our permission, the following rules apply to use of the material:

Permitted Distribution. Unless the specific web page from which ACLU text materials is available indicates you may not do so, you may copy or distribute any text materials that appear on the Tell3 Site in print or digital format only and only for the following non-commercial purposes: research, teaching, private study, and activism within a local geographic area regarding civil liberties issues. You may also distribute ACLU Content that is not ACLU text materials if and only to the extent that the specific launching page from which that ACLU Content is accessible, and/or the ACLU Content itself, explicitly indicates that the ACLU Content may be distributed in a specified manner. Unless explicitly stated otherwise, all distributed copies must display the following copyright notice:

Copyright [2009] American Civil Liberties Union
Reprinted with permission of the
American Civil Liberties Union http://www.aclu.org.

Distribution Requiring Advance Written Permission. You must obtain written permission in advance if you wish to reproduce ACLU Content that is not text material (e.g., drawings, photographs, podcasts, etc.) or if you wish to reproduce the Videos or any ACLU Content for any reason not listed in the previous paragraph. You can request this permission by sending us a fax at (212) 549-2646 or an email at webpermissions@aclu.org that contains the information listed below:

  • a complete description of the ACLU Content or Videos requested, such as the URL of the web page that contains the ACLU Content or Videos, a description of the sections or paragraphs that will be distributed, and, where applicable, the title and date of the ACLU Content or Videos;
  • a description of the intended audience;
  • a description of the manner of distribution;
  • the length, retail price, and approximate size of first printing or circulation that will include the ACLU Content or Videos;
  • a description of the geographic scope of the distribution and the length of time for which rights are being requested. (Please note that ACLU grants only nonexclusive rights);
  • a reply fax number or email address and a phone number.

Information You Contribute to the Tell3 Site

To the extent you voluntarily contribute material to the Tell3 Site for display on the Tell3 Site itself (e.g., postings and comments or the story you submit), you automatically grant to ACLU an irrevocable, perpetual worldwide license for the ACLU to display such material on the Tell3 Site, except to the extent we have indicated otherwise on the portion of the Tell3 Site that permits you to post such information (e.g., if a particular blog or forum on the Tell3 Site posts any specific terms of use that applies to that particular blog or forum). Additionally, unless otherwise explicitly agreed upon in writing by you and ACLU, by posting any material to the Tell3 Site for display on the Tell3 Site, you are representing, warranting and covenanting to the ACLU that those materials are original to you or you have obtained permissions, releases, rights or licenses, if any are required (including where use of that material does not constitute "fair use"), that you assume full responsibility for the posting of such material vis-á-vis third parties, including but not limited to make any payments to third parties with respect to displaying such third party material. By posting material for display on a portion of the Tell3 Site that contains specific terms of use applicable to that portion of the Tell3 Site, you agree you have read, understand, agree to and accept such specific terms of use.

Trademark

AMERICAN CIVIL LIBERTIES UNION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION, ACLU, the ACLU and ACLU logos (collectively "ACLU Trademarks") are trademarks of the ACLU in the United States and other countries unless it is explicitly stated on the Tell3 Site where a trademark appears that the trademark is the trademark of a third party ("Third-Party Trademarks"), such as the coalition members' trademarks. To the extent your use of ACLU Trademarks does not constitute "fair use" for which you do not need our permission, the following rules apply to use of the material:

You may not use the ACLU Trademarks for any product or service that does not belong to the ACLU, or in any manner that is likely to cause confusion about whether we are, the source, affiliated with, sponsor of or endorser of any product or service. In addition, you may not use the ACLU Trademarks in any manner that illegally disparages or discredits us.

Your ability to use a Third-Party Trademark that appears on the Tell3 Site is limited to the manner, if any, in which the Tell3 Site explicitly states on the page on which such Third-Party Trademark appears that such use in such manner is authorized by the third-party owner of that Third-Party Trademark (unless your use is permissible under the law (e.g., it is "fair use") or the owner of such Third-Party Trademark has specifically granted you the right to such use in such manner).

Frames and Metatags

You may not frame the content of the Tell3 Site. You may not use metatags or any other "hidden text" that incorporates ACLU Trademarks without express written consent.

Links to Other Websites

The Tell3 Site contains links to other websites that we think may be of interest to you. We are not responsible for and have no control over these other sites or their content. Remember that when you link to another site, that other site is governed by its own user agreement and privacy statement, which you should be sure to read.

Disclaimers and Limitation of Liability

ALTHOUGH WE TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, "TROJAN HORSES" OR OTHER DESTRUCTIVE MATERIALS TO THE TELL3 SITE, WE DO NOT GUARANTEE OR WARRANT THAT THE TELL3 SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM THE TELL3 SITE ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.

WE ARE NOT LIABLE FOR ANY CLAIM, LOSS OR INJURY BASED ON ERRORS, OMISSIONS, INTERRUPTIONS OR OTHER INACCURACIES IN THE TELL3 SITE, NOR FOR ANY CLAIM, LOSS OR INJURY THAT RESULTS FROM YOUR USE OF THE TELL3 SITE OR YOUR BREACH OF ANY PROVISION OF THIS USER AGREEMENT.

Termination

We reserve the right to terminate the Tell3 Site and this User Agreement at any time without notice for any reason, including, in the case of the User Agreement, for your violation of any of its provisions. The Limitation of Liability and Governing Law Sections of this User Agreement survive any such termination.

Governing Law

This User Agreement is 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 in the State and County of New York and waive any jurisdictional, venue or inconvenient forum objections to such courts.