THE HOW MOVEMENT™’s Terms of Service
THE HOW MOVEMENT™’s Terms of Service
Date of last revision: October 4th 2013
The following Terms of Service (“Statement”) govern THE HOW MOVEMENT™’s
(hereinafter “THE HOW MOVEMENT,” “howmovement.org,” “we,” “us,” or “our”)
relationship with users and others who interact with THE HOW MOVEMENT By
using or accessing our website, products, or services (“site”) you agree
to comply with and be legally bound by the Terms of Service, whether or not
you become a registered user of our services. Please review the Statement
carefully. If you do not agree to this Statement, you have no right to obtain
information from or otherwise use this site. We reserve the right to modify
this Statement at any time, effective upon posting an updated version of this
statement on this site. You are responsible for regularly reviewing this
Statement. By using this site, you agree that the posting of new or revised
terms and conditions on the site will constitute adequate and constructive
notice to you of any and all revisions and changes. Continued use of the
site after any such changes or after explicitly accepting the new terms upon
logging into the site shall constitute your consent to such changes.
You as a user or visitor to our website agree and acknowledges that THE HOW
MOVEMENT owns all right, title, and interest in the THE HOW MOVEMENT Website,
trademarks, and any software, technology or tools used by THE HOW MOVEMENT
(collectively “THE HOW MOVEMENT IP”) to promote, market, sell, generate, or
distribute the Offerings. User or visitor shall not rent, lease, sublicense,
distribute, transfer, copy, reproduce, download, display, modify or timeshare
THE HOW MOVEMENT IP or any portion thereof, or use THE HOW MOVEMENT IP as a
component of or a base for products or services prepared for commercial sale,
sublicense, lease, access or distribution. User or visitor shall not prepare
any derivative work based on THE HOW MOVEMENT IP. User or visitor shall not
translate, reverse engineer, decompile or disassemble THE HOW MOVEMENT IP.
1. Privacy
Your privacy is very important to us. We designed our Privacy Policy to
make important disclosures about how you can use THE HOW MOVEMENT to
exchange information with others and how we collect and can use your
content and information. We encourage you to read the Privacy Policy,
and to use it to help make informed decisions.
2. Sharing Your Content and Information
You own all of the content and information you post on THE HOW MOVEMENT
In addition:
1. -By submitting any content (including and without limitation, any
photograph, words, pictures, or symbols, or any content covered
by intellectual property rights, hereinafter,” content”)to our
site, you specifically grant us a perpetual, non-exclusive,
transferable, sub-licensable, royalty-free, worldwide license to
use any content that you post on or in connection with THE HOW
MOVEMENT (” License”). You represent and warrant that you have
sufficient rights to grant us this license. This License ends
when you delete your content or your account unless your content
has been shared with others, and they have not deleted it.
2. You are solely responsible for any content that you submit,
3. You may be exposed to content and information from other users or
4. We have no obligation to post any content from you or anyone
5. When you delete content, it is deleted in a manner similar to
6. When you publish content or information, you are allowing
7. We always appreciate your feedback or other suggestions about THE
post or transmit via THE HOW MOVEMENT You may not post or
submit content that (a) infringes the copyright, trademark, or
other intellectual property rights of any person, company, or
institution;(b) is defamatory; (c) contains nudity or sexually
explicit content, or is otherwise obscene; (d) may disparage any
ethnic, racial, sexual, religious, or other group.
third parties (hereinafter “third party content”), either at our
site or through links to third-party websites. We do not control,
and shall have no liability for third party content including any
material that may be unlawful, misleading, incomplete, erroneous,
offensive, indecent, or otherwise objectionable. You must
evaluate the veracity of, and bear all risks associated with your
exposure to third party content including, without limitation,
profiles of other users.
else. In addition, we may, in our sole discretion, edit, remove,
or delete any content that you post or submit.
emptying the recycle bin on a computer. However, you understand
that removed content may persist in backup copies for a
reasonable period of time (but will not be available to others by
us).
everyone, including people outside of THE HOW MOVEMENT to access
and use that information, and to associate it with you (e.g..,
your name and profile picture).
HOW MOVEMENT, but you understand that we may use them without
any obligation to compensate you for them (just as you have no
obligation to offer them).
3. Safety
We do our best to keep THE HOW MOVEMENT safe, but we cannot guarantee
it. We need your help to do that, which includes the following
commitments:
1. You will not send or otherwise post unauthorized commercial
2. You will not collect users’ content or information, or otherwise
3. You will not engage in unlawful multi-level marketing, such as a
4. You will not violate any local, state, provincial, national, or
5. You will not upload viruses or other malicious code.
6. You will not solicit login information or access an account
7. You will not bully, intimidate, or harass any user.
8. You will not post content that: is hateful, threatening, or
communications (such as spam) on THE HOW MOVEMENT
access THE HOW MOVEMENT using automated means (such as harvesting
bots, robots, spiders, or scrapers) without our permission.
pyramid scheme, on THE HOW MOVEMENT.
other law or regulation, or any order of a court.
belonging to someone else.
pornographic; incites violence; or contains nudity or graphic or
gratuitous violence.
9. You will not offer any contest, giveaway, or sweepstakes
10. You will not use THE HOW MOVEMENT to do anything unlawful,
11. You will not do anything that could disable, overburden, alter,
12. You will not facilitate or encourage any violations of this
(“promotion”) on THE HOW MOVEMENT without our prior, written
consent.
misleading, malicious, or discriminatory.
or impair the proper working of THE HOW MOVEMENT, such as a
denial-of-service attack.
Statement.
4. Registration and Account Security
THE HOW MOVEMENT users provide their real names and information, and
we need your help to keep it that way. Here are some commitments you
make to us relating to registering and maintaining the security of your
account:
1. You will not provide any false personal information on THE HOW
2. You will not create more than one account.
3. If we disable your account, you will not create another one
4. You will not use THE HOW MOVEMENT if you are under the age of 18.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your
7. You will not transfer your account to anyone without first
8. If you select a username for your account, we reserve the right
MOVEMENT or create an account for anyone other than yourself
without permission.
without our written permission.
account, or do anything else that might jeopardize the security
of your account.
getting our written permission.
to remove or reclaim it if we believe appropriate (such as when a
trademark owner complains about a username that does not closely
relate to a user’s actual name).
5. Protecting Other People’s Rights
We respect other people’s rights, and expect you to do the same.
1. You will not post content or take any action on THE HOW MOVEMENT
2. We can remove any content or information you post on THE HOW
3. If we remove your content for infringing someone else’s
4. If you repeatedly infringe other people’s intellectual property
5. You will not use our copyrights or trademarks (including THE HOW
6. If you collect information from users, you will: obtain their
that infringes or violates someone else’s rights or otherwise
violates the law.
MOVEMENT if we believe that it violates this Statement.
copyright, and you believe we removed it by mistake, we will
provide you with an opportunity to appeal.
rights, we will disable your account at our discretion.
MOVEMENT, the THE HOW MOVEMENT logo, or any confusingly similar
marks), without our written permission.
consent, make it clear that you (and not THE HOW MOVEMENT) are
the one collecting their information, and post a privacy policy
explaining what information you collect and how you will use it.
7. You will not post anyone’s identification documents or sensitive
financial information on THE HOW MOVEMENT.
8. You are solely responsible for your interactions with other users
of this site. We reserve the right, but have no obligation, to
monitor interactions between you and other users and to take any
action in good faith to restrict access to or the availability of
any material may consider a violation of this Statement.
6. Amendments
This Policy may be updated from time to time. If we make any material
changes, we will notify you by email (sent to the email address specified in
your account) or by means of a notice on this Site.
7. Termination
If you violate the letter or spirit of this Statement, or otherwise
create risk or possible legal exposure for us, we can stop providing
all or part of THE HOW MOVEMENT including but not limited to its
website, services, or other account features to you. We will notify you
by email or at the next time you attempt to access your account. You
may also delete your account or disable your application at any time.
In all such cases, this Statement will terminate, but the following
provisions will still apply: 2, 3, 4, 5, 8, 9, 10 and 11.
8. Disputes
1. You will resolve any claim, cause of action, or dispute (“claim”)
you have with us arising out of or relating to this Statement
or THE HOW MOVEMENT exclusively in a state court located in
Sacramento County, California or a federal court in the Northern
District of California. The laws of the State of California will
govern this Statement, as well as any claim that might arise
between you and us, without regard to conflict-of-law provisions.
You agree to submit to the personal jurisdiction of the state
courts located in Sacramento County, California and the federal
courts for the Northern District of California for the purpose of
litigating all such claims.
2. If anyone brings a claim against us related to your actions,
content, or information on THE HOW MOVEMENT, you will indemnify
and hold us harmless from and against all damages, losses, and
expenses of any kind (including reasonable legal fees and costs)
related to such claim.
3. WE TRY TO KEEP THE HOW MOVEMENT UP, BUG-FREE, AND SAFE, BUT YOU
USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE HOW MOVEMENT “AS
IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE HOW MOVEMENT
WILL BE SAFE OR SECURE. THE HOW MOVEMENT IS NOT RESPONSIBLE FOR
THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND
YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY
SUCH THIRD PARTIES. 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH
IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH
THE DEBTOR.” WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS
OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES
ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR THE HOW
MOVEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS TERMS
OF SERVICE THE HOW MOVEMENT WILL NOT EXCEED THE GREATER OF ONE
HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST
TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR
EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN
SUCH CASES, THE HOW MOVEMENT’S LIABILITY WILL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for
everyone, but we also strive to respect local laws. The following
provisions apply to users outside the United States:
1. You consent to having your personal data transferred to and
2. If you are located in a country embargoed by the United States,
processed in the United States.
or are on the U.S. Treasury Department’s list of Specially
Designated Nationals, you will not engage in commercial
activities on THE HOW MOVEMENT
10. Definitions
1. By “THE HOW MOVEMENT” we mean the features and services
2. By “information,” we mean facts and other information about you,
3. By “content,” we mean anything you post on THE HOW MOVEMENT that
4. By “data,” we mean content and information that third parties can
5. By “post,” we mean post on THE HOW MOVEMENT or otherwise make
6. By “use,” we mean use, copy, publicly perform or display,
we make available, including through (a) our website at
www.howmovement.org and any other THE HOW MOVEMENT branded or co-
branded websites (including sub-domains, international versions,
widgets, and mobile versions) and (b) other media, software
(such as a toolbar), devices, or networks now existing or later
developed.
including actions you take.
would not be included in the definition of “information.”
retrieve from THE HOW MOVEMENT or provide to THE HOW MOVEMENT
through the Platform.
available to us (such as by using an application).
distribute, modify, translate, and create derivative works.
11. Other
1. This Statement makes up the entire agreement between the parties
regarding THE HOW MOVEMENT and supersedes any prior agreements.
2. If any portion of this Statement is found to be unenforceable,
the remaining portion will remain in full force and effect.
3. If we fail to enforce any of this Terms of Service, it will not
be considered a waiver.
4. Any amendment to or waiver of this Terms of Service must be made
in writing and posted to this website.
5. You will not transfer any of your rights or obligations under
this Terms of Service to anyone else without our consent.
6. All of our rights and obligations under this Terms of Service are
freely assignable by us in connection with a merger, acquisition,
or sale of assets, or by operation of law or otherwise.
7. Nothing in this Statement will prevent us from complying with the
law.
8. This Statement does not confer any third-party beneficiary
rights.
9. You will comply with all applicable laws when using or accessing
THE HOW MOVEMENT.
THE HOW MOVEMENT™ 2013
