Terms of Service

WELCOME TO CHECK

Check is a web application developed by Meedan, Inc, a San Francisco based 501 c3 nonprofit international media and open source technology do-tank. Our goal in developing Check was to make the world a better place. Really. So, you can take these terms and conditions as our best effort to inform you of your legal obligations as a user and our legal obligations to you as the company that has designed and deployed this software. We recognize that as a user of our services you are extending to us certain aspects of your reputation and identity. We take this seriously and we’ve crafted these Terms of Service (the “Terms”) reflect that. Meedan is a project founded on the values of collaboration and open source approaches to content and code development. As much as the Terms reflect what our lawyers say we must say, we hope they also reflect our commitment to carry these values through to the formal agreement with our Users. Now, some of the language that pleases the lawyers.

GENERAL

Meedan provides Check users with the ability to publish, comment on, contextualize, and, generally, attempt to verify social media content from the internet. Collectively these are referred to as “the Services.” The services so defined in the Terms include any services performed by accessing any of the Check instances served by any of our media partners. The Terms describes Meedan’s offerings to you, the User, and describes your obligations to us, Meedan, and is an agreement between you, the User, and us, Meedan, the service provider (the “Agreement”). In order to use our services you must accept the Terms and Meedan’s Privacy Policy. Moreover, by using our site or services you are implicitly agreeing to be bound by Terms. We reserve the right to modify the Terms at any time, without prior notice, by making changes to this page. You are responsible for regularly reviewing these terms. Your continued use of the site after such changes serves as an acknowledgment and acceptance of the amended Terms.

YOUR CHECK ACCOUNT

You must be at least 13 (thirteen) years of age or older to register for a Check account. Use of the website as either a registered or unregistered User is void where prohibited. In consideration of your use of the site, you agree to: Provide accurate, current and complete information about you as may be prompted by any registration forms on the site (“Registration Data”). Maintain the security and confidentiality of your password and identification. Maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete. Be fully responsible for all use of your account and for any actions that take place using your account. Accept that your account is not transferrable. Notify Meedan immediately if you suspect unauthorized use of your Check account. Meedan will not be responsible for any losses arising out of the unauthorized use of your member name, password and/or account, and you agree to indemnify and hold harmless Meedan, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. Meedan reserves the right to terminate your Account or restrict access to your Account, or to delete any content posted through your Account, with or without notice, for any or for no reason, and without any liability to you.

USER CONDUCT

The Check application allows users to cross-post content from around the web. We are particularly aware that the varying political, social, and cultural sensitivities of our Users demand we take an active approach to ensuring everyone can participate in a respectful, inclusive online environment. By using the site and agreeing to the Terms, you agree that you will not: Post content or initiate communications which are unlawful, libelous, abusive, urging violence, promoting intolerance, discriminatory, or otherwise objectionable. Use Check for any illegal purpose. Upload, post, email, transmit or otherwise make available any content or initiate any communication that infringes upon patents, trademarks, copyrights, trade secrets, other proprietary rights, or that contains any content or information that you do not have the right to disclose or make available. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment. Attempt to pursue communications with someone who has indicated to you either explicitly or implicitly that they do not want to communicate with you. Post, transmit, promote, or distribute content that is illegal. Harass, threaten, embarrass, or do anything else to another User that is unwanted. We expect you to be respectful to other Users and never challenge another User on the basis of their race, heritage, religion, gender, sexual orientation, age, beliefs, etc. Game the structure of ‘the services’ in such a way to intentionally confuse, limit, inconvenience or otherwise negatively affect other Users Some of these breaches of conduct may constitute violations of civil or criminal codes and, as such, could subject you to civil or criminal prosecution.

USER DISPUTES

You are solely responsible for your interactions with other Users. We reserve the right to monitor disputes between you and other Users.

INTERNATIONAL USE

Recognizing the global nature of the internet, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Meedan will not be liable for keeping you, the User, apprised of changes in these laws. Nor will Meedan itself be liable for any illegal activities you engage in while using the system.

THIRD PARTY LINKS

Check serves as an aggregation point for content from other websites. We cannot warrant and do not take responsibility for the text, photos, videos, graphics, audio, software, or any other data or content originating from or belonging to these sites. Linking to Third Party sites does not express or imply approval or endorsement of these sites or the content contained therein. You agree that neither Meedan nor the partner or individual managing this Check instance, bear responsibility or liability for any content accessed or harm caused from any third-party website. These Terms of Service are not in effect should you link from Check to a Third Party site. We encourage you to review the terms and policies of any site you link to from Check

CONTENT RIGHTS AND LICENSES

Creative Commons All content created on Check, except where otherwise noted, is licensed under a Creative Commons Attribution Non-Commercial Share-Alike 3.0 Unported License. Others can download, redistribute, translate, remix, tweak, and build upon your contributions non-commercially, as long as they credit you and license their new creations under identical terms. All new work based on yours will carry the same license, so any derivatives will also be non-commercial in nature. This license covers all linguistic data generated on the liveblog. Some rights reserved.

MEEDAN

Meedan does not claim ownership of Content you submit or make available for inclusion on the Meedan Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Meedan Services, you grant Meedan a non-exclusive, royalty-free, perpetual, and worldwide license to use your content in connection with the operation of the Services, including, without limitation, the license rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, machine translate, reformat, and/or to incorporate it into a collective work.

USER REPRESENTATIONS AND WARRANTIES

By posting any content, you represent and warrant that you have all right, title, and interest to such posted content, including but not limited to any consent, authorization, release, clearance or license from any third party (such as, but not limited to, any release related to rights of privacy or publicity) necessary for you to provide, post, upload, input or submit the content, and that posting such content does not violate or constitute the infringement of any patent, copyright, trademark, trade secret, right of privacy, right of publicity, moral rights, or other intellectual property right recognized by any applicable jurisdiction of any person or entity, or otherwise constitute the breach of any agreement with any other person or entity. You further represent and warrant that you are who you say you are, that you have not submitted false or inaccurate information about yourself, and that all information contained in the posted content is true and your own work or work you are authorized to submit, and that the posted content does not contain any threatening, harassing, libelous, false, defamatory, offensive, obscene, or pornographic, material, or other material that would violate any other applicable law or regulation. You agree that you will not knowingly and with intent to defraud provide material and misleading information. You represent and warrant that the content you supply does not violate the Terms.

COPYRIGHT COMPLAINTS

If you are a copyright owner and you believe that your copyrighted materials have been used in a way that constitutes copyright infringement, please see our DMCA Notice Policy below.

WARRANTIES, DISCLAIMERS AND INDEMNIFICATION?

YOUR USE OF Check SITES IS AT YOUR OWN RISK. WE ASSUME NO RESPONSIBILITY AND/OR LIABILITY FOR: THE CONTENT OF ANY MATERIAL OR COMMUNICATION CREATED BY YOU, ANY THIRD PARTY OR RECEIVED BY YOU FROM A SOURCE OUTSIDE THE OUR SITE (EVEN IF YOU HAVE LINKED TO THAT SITE FROM the Check powered liveblog); ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LIABILITY AND/OR COSTS, INCLUDING ATTORNEYS FEES, CAUSED BY THE WAY YOU USE THE liveblog MATERIALS OR TECHNOLOGY, INCLUDING BUT NOT LIMITED TO CLAIMS OF SLANDER, LIBEL, INFRINGEMENT, AND/OR PLAGIARISM; ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, LIABILITY AND/OR COSTS, INCLUDING ATTORNEYS FEES, ARISING FROM Meedan SERVICE INTERRUPTIONS, INTERNET SERVICE INTERRUPTIONS OR CHANGES, EVEN IF THESE DISRUPTIONS ARISE FROM CIRCUMSTANCES UNDER OUR CONTROL; ANY OTHER DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES OF ANY KIND, INCLUDING ATTORNEYS FEES, ARISING FROM YOUR PARTICIPATION; PRIVACY IN CONNECTION WITH YOUR USE OF Check powered liveblog AND/OR OTHER INTERNET ACTIVITIES (EXCEPT IN THE CASE OF ANY WILLFUL OR GROSSLY NEGLIGENT BREACH OF THE PRIVACY POLICY BY Meedan). EVERYTHING ON THE liveblog SITE IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. If you do something that, according to the terms of the Privacy Policy and Other Agreements, warrants your termination from the service or expulsion from the Check liveblog, you accept full responsibility for anything that happens following your expulsion, including indemnifying and holding Meedan harmless from any and all claims by others arising from your conduct and/or use of the Meedan site, and/or the materials and services provided.

SERVICE UPTIME

Meedan disclaims all responsibility and liability for the availability, timeliness, security or reliability of the Services or any software provided through the Services. Meedan reserves the right to modify, suspend, or discontinue the Services or access to the Services without any notice at any time and without any liability to you.

NO WAIVER OF TERMS

Failure of Meedan to exercise or enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision in that or any other instance.

GOVERNING LAW

These Terms are governed by the laws of the State of California, without regard to the rules of conflict of law that may cause the laws of another jurisdiction to apply. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts of the State of California in the event of any dispute of any kind arising from or relating to the Site, or your use or review of it. The Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.

CONTACT

If you are interested in discussing this agreement or have any thoughts on your mind, please contact us at TOS@meedan.com These Terms are licensed under . Some rights reserved, with attribution and thanks to the Citizens Media and Law Project at the Berkman Center (http://www.citmedialaw.org/)

DMCA

Notice and Takedown Procedure It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (DMCA). This page describes the information that should be present in these notices. It is designed to make submitting notices of alleged infringement to Meedan as straightforward as possible while reducing the number of notices that we receive that are fraudulent or difficult to understand or verify. The form of notice specified below is consistent with the form suggested by the DMCA (the text of which can be found at the U.S. Copyright Office Web Site, http://www.copyright.gov), but we will respond to notices of this form from other jurisdictions as well.

It is expected that all users of any part of the Meedan site will comply with applicable copyright laws. However, if the Meedan receives proper notification of claimed copyright infringement, our response to these notices will include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating subscribers, regardless of whether we may be liable for such infringement under United States law or the laws of another jurisdiction. If we remove or disable access in response to such a notice, we will make a good-faith attempt to contact the owner or administrator of the affected site or content so that they may make a counter notification pursuant to Sections 512(g)(2) and (3) of the DMCA. We may also document notices of alleged infringement on which we act.

Designated Agent Meedan’s Designated Agent to receive notification of alleged infringement under the DMCA is:

Ed Bice Email: TOS@Meedan.com

Physical Mail: 1355 Market, Suite 488, San Francisco, CA 94103 USA

Upon receipt of proper notification of claimed infringement, Meedan will follow the procedures outlined herein and in the DMCA. Infringement Notification If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Meedan’s Registered Agent (listed above) the following information in a written communication (preferably via email): Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Meedan to locate the material; Information reasonably sufficient to permit Meedan to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; The following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law”; 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”; and A physical or electronic signature of the owner or a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing your copyrights. Accordingly, if you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

Counter Notification A provider of content subject to a claim of infringment may make a counter notification pursuant to sections 512(g)(2) and (3) of the DMCA. To file a counter notification with us, please provide Meedan’s Registered Agent (listed above) the following information in a written communication (preferably via email):

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; Your name, address, and telephone number; The following statement: “I consent to the jurisdiction of Federal District Court for the [insert the federal judicial district in which your address is located]”; The following statement: “I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent”; The following statement: “I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and Your signature, in physical or electronic form. Upon receipt of such counter notification, Meedan will promptly provide the person who provided the original infringement notification with a copy of the counter notification, and inform that person that Meedan will replace the removed material or cease disabling access to it in 10 business days. Meedan will replace the removed material and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the counter notice, unless our Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain the subscriber from engaging in infringing activity relating to the material on our system or network.

Repeat Infringers In accordance with Section 512(i)(1)(a) of the DMCA, Meedan will, in appropriate circumstances, disable and/or terminate the accounts of users who are repeat infringers.

Accommodation of Standard Technical Measures It is Meedan’s policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that Meedan determines are reasonable under the circumstances.