Terms of Use

Terms of Use

THESE TERMS OF USE DESCRIBE YOUR RIGHTS AND RESPONSIBILITIES WHEN USING HEADSUPAMERICA.US AND COLLEGEPROMISE.ORG. PLEASE READ THEM CAREFULLY.

Last updated: September 9, 2016

1. Acceptance of Terms.

Headsupamerica.us and collegepromise.org, including all site-related content and services is provided by Civic nation (“we,” “us”). Your use of the website is subject to your compliance with the terms and conditions set forth in this Terms of Use agreement (“Terms of Use”), which supplement any additional guidelines or other terms posted by in relation to specific site-related services or content.

Please note that we reserve the right to update or modify the Terms of Use without advance notice by posting a revised Terms of Use to this website. Visitors to headsupamerica.us and collegepromise.org (“you”) can determine whether the Terms of Use has been modified since your last visit by checking the “Last updated” legend posted at the top of the Agreement. By using the website, you agree to be bound by the version of the Terms of Use then in effect. If at any point you no longer agree to the Terms of Use, please discontinue your use of headsupamerica.us and collegepromise.org CIVIC NATION may deny service to you at any time, including in the event you do not adhere to the Terms of Use.

2. Heads Up America, College Promise and CIVIC NATION; Purpose of CIVIC NATION.

Civic Nation is a nonpartisan, tax-exempt organization that uses organizing, engagement and public awareness to address some of our nation’s most pressing challenges. Heads Up America and College Promise are projects of Civic Nation.

As a tax-exempt organization, CIVIC NATION is prohibited from supporting attempts to influence the outcome of any election for public office.

3. Signing Up for Certain Site Features.

Based on the information you supply, we may contact you via email or SMS text messaging. Any contests, polls or other features requiring you to sign up may be governed by specific rules, which we will post for your review. By signing up for a particular feature, you become subject the rules governing that feature. By signing up with Civic Nation, you agree that you are 18 years of age or older.

4. Communications from CIVIC NATION.

We will communicate with you by email or SMS text messaging. By signing up, and giving us you phone number, you agree to receive text messages from us. You may receive between 1-4 text messages from us a month, but, message frequency will vary based on user needs. Message and data rates may apply. Reply STOP to cancel, HELP for help. By giving us your phone number, you agree to the following Terms & Conditions: http://crmtext.com/subscribers.You acknowledge that to the extent that you include personally identifiable information in Submissions, we may republish such information as part of the content. If we republish your content, we may provide authorship credit by listing your name as well.

Although Heads Up has no obligation to monitor the Submissions, you acknowledge and agree that we may do one or all of the following: A) monitor the Submissions; B) alter, edit, or remove any Submission; or C) disclose any Submissions. This section will survive any termination or expiration of these Terms of Use.

5. CIVIC NATION’s Proprietary Rights and Re-Use Policy.

You acknowledge and agree that the information and materials presented on or through headsupamerica.us and collegepromise.org will remain the property of CIVIC NATION and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by CIVIC NATION (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by CIVIC NATION are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by CIVIC NATION.

The trademarks, service marks, logos, and trade names displayed on headsupamerica.us and collegepromise.org (collectively the “Marks”) are the registered and unregistered trademarks of CIVIC NATION, its licensors and suppliers, and others. All Marks on CIVIC NATION not owned by CIVIC NATION are the property of their respective owners. The Marks owned by CIVIC NATION whether registered or unregistered, may not be used in connection with any product or service that is not CIVIC NATION’.

CIVIC NATION Partner logos are provided to CIVIC NATION by the relevant Partners and may not be reused in any manner without explicit authorization from the applicable Partner. TWITTER, TWEET, RETWEET and the Twitter Bird are trademarks of Twitter, Inc. or its affiliates.You agree to:

Respect Others. Please do not threaten, abuse, intimidate, or harass other Site users.
Use Heads Up for your personal use only. Posting entries solely to promote your own commercial ventures is not allowed.

You agree not to:

Post any content or provide links to any content that endorse or oppose a particular political party or candidate for office.

Post any private information or otherwise harvest, collect, or disclose information, about another Heads Up user without his or her express consent.
Post any content to Heads Up that is unlawful, racist, libelous, defamatory, obscene, or harasses particular individuals or groups.

Post any content to Heads Up that infringes any third-party’s intellectual property or other rights.

Use Heads Up for any unlawful purpose, or transmit or otherwise make available in connection with Heads Up any material that would give rise to criminal or civil liability.

Use Heads Up for advertisements, chain letters, “spamming,” survey solicitations, junk mail, or solicitations. We are not free advertising.

Impersonate any person or entity, including any Heads Up employees, or falsely state or otherwise misrepresent your affiliation with any person or entity.

Imply that Heads Up endorses any of your statements or positions.

Transmit any harmful, invasive or disruptive code or other materials (such as viruses, worms, or web bugs) through or to Heads Up, or otherwise “hack” or deface any portion of Heads Up.

Frame or mirror any part of Heads Up without our prior written authorization.

You acknowledge that Heads Up has the right, but not the obligation, to modify or remove, any Submissions that violate Heads Up Community Rules or that otherwise violate the Terms of Use.

6. Heads Up’s Proprietary Rights and Re-Use Policy.

You acknowledge and agree that the information and materials presented on or through Heads Up will remain the property of Heads Up and/or Civic Nation and its licensors or providers, and are protected by copyright, trademark, patent, and/or other proprietary rights and related laws, rules and regulations. The materials produced by Heads Up and Civic Nation (including photographs, graphics, video and audio content) are protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. All individual articles, content and other elements comprising this compilation and produced by Heads Up and/or Civic Nation are also copyrighted works. You agree to abide by all additional copyright notices or restrictions contained in any materials produced by Heads Up and/or Civic Nation.

The trademarks, service marks, logos, and trade names displayed on Heads Up (collectively the “Marks”) are the registered and unregistered trademarks of Civic Nation and/or Heads Up, Heads Up’s licensors and suppliers, and others. All Marks on Heads Up not owned by Heads Up are the property of their respective owners. The Marks owned by Heads Up and Civic Nation, whether registered or unregistered, may not be used in connection with any product or service that is not Heads Up’.

Heads Up/Civic Nation Partner logos are provided to Heads Up by the relevant Partners and may not be reused in any manner without explicit authorization from the applicable Partner. TWITTER, TWEET, RETWEET and the Twitter Bird are trademarks of Twitter, Inc. or its affiliates.

General Re-Use Policy

You may copy reprint, publish, reproduce, or otherwise display materials created by CIVIC NATION and made available through CIVIC NATION (collectively, the “CIVIC NATION Works”) on the condition that you attribute those materials to CIVIC NATION or Civic Nation, as applicable, and provide a link to the CIVIC NATION website (www.civicnation.org). Specifically, any article or materials that you reprint or otherwise reproduce must be displayed with its by-line, if applicable.

You may not make any editorial changes to articles or materials without first receiving express permission from CIVIC NATION. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.

If any of these terms are breached, we reserve the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.

Limit on Use

Much information made available on or through headsupamerica.us and collegepromise.org is provided by third parties or other CIVIC NATION visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on CIVIC NATION does not indicate any approval or endorsement by CIVIC NATION. CIVIC NATION is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content. CIVIC NATION does not ensure the accuracy of the information and content provided on CIVIC NATION nor is it responsible for the accuracy of such information and hereby disclaims any and all liability that may arise from any content. You may not make any editorial changes to articles or materials without first receiving express permission from CIVIC NATION. This provision does not restrict excerpting portions of content in a manner that does not alter the editorial intent.

If any of these terms are breached, we reserve the right to withdraw your license to republish our material. In this situation, you must take immediate steps to remove our material from all current and past communications.

6. Information Available on or through headsupamerica.us and collegepromise.org.

Much information made available on or through Heads Up is provided by third parties or other Heads Up visitors or users (such information, “Third-Party Content”). The inclusion or appearance of Third-Party Content on Heads Up does not indicate any approval or endorsement by Heads Up. Heads Up is not responsible for, and hereby disclaims any and all liability that may arise from Third-Party Content.

7. Links.

The Site provides links to other websites and resources. Because CIVIC NATION has no control over these sites and resources, you acknowledge and agree that CIVIC NATION does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. CIVIC NATION is providing these links to you only as a convenience. CIVIC NATION has the right, but not the obligation to block links from or to CIVIC NATION at any time.

8. Claims of Copyright Infringement.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by CIVIC NATION infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to CIVIC NATION should be sent to:

By Mail:

Dara Lindenbaum
Counsel
Sandler Reiff Lamb Rosenstein & Birkenstock
1025 Vermont Ave. N.W. Suite 300
Washington DC 20005

By email: lindenbaum@sandlerreiff.com

9. Privacy Policy.

All information provided by you or collected by us during visits to headsupamerica.us and collegepromise.org (including when you register to become a member or sign up to use certain features) is governed by the Civic Nation, headsupamerica.us and collegepromise.org Privacy Policy, which is hereby incorporated into the Terms of Use by this reference.

Please be aware that if you decide to disclose personally identifiable information on forums open to other site visitors or CIVIC NATION members, this information may become public. CIVIC NATION does not control the acts of other CIVIC NATION visitors or members, so please be cautious when deciding to reveal personal information on CIVIC NATION. If you believe a CIVIC NATION visitor or member is improperly collecting or using information about you or other users, please contact us at info@civicnation.org.

10. Information collected from third parties.

CIVIC NATION may aggregate content from social media from users who use certain hashtags and post the content on CIVIC NATION’s website. CIVIC NATION has the right to remove any aggregated content from its website for any reason. If your content is posted on CIVIC NATION and you would like it removed for any reason, please email info@civicnation.org with the subject “remove content from CIVIC NATION” and a brief description of what content should be removed. If you believe someone else’s content should be removed for any reason, please email info@civicnation.org with the subject “remove content from CIVIC NATION” and a brief description of what content should be removed and why. Please be aware that if you decide to disclose personally identifiable information on forums open to other site visitors or Heads Up members, this information may become public. Heads Up does not control the acts of other Heads Up visitors or members, so please be cautious when deciding to reveal personal information on Heads Up. If you believe a Heads Up visitor or member is improperly collecting or using information about you or other users, please contact us at info@civicnation.org.

11. Jurisdictional Issues.

The Site is controlled and operated by CIVIC NATION from its principal office in the District of Columbia, U.S.A., and is not intended to subject CIVIC NATION to the laws or jurisdiction of any other state, country, or territory. Those who choose to access CIVIC NATION do so on their own initiative and at their own risk, and are solely responsible for complying with all local laws, rules, and regulations.

12. Termination.

You agree that CIVIC NATION, in its sole discretion, may terminate your use of headsupamerica.us and collegepromise.org or any part thereof, at any time and for any reason, including if CIVIC NATION believes that you have violated or acted inconsistently with the spirit of the Terms of Use. Further, you agree that CIVIC NATION will not be liable to you or any third party for any termination of your access to CIVIC NATION.

13. Disclaimers.

headsupamerica.us and collegepromise.org ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE WEBSITES, AND ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS THEREOF. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, CIVIC NATION DISCLAIMS ALL WARRANTIES WITH RESPECT TO CIVIC NATION.

The Site may include inadvertent inaccuracies or errors, or information or materials that violate the Terms of Use. Additionally, the possibility exists that a third party could make unauthorized alterations to headsupamerica.us and collegepromise.org, Content or Services. Although we attempt to ensure the integrity of CIVIC NATION, we make no guarantees as to its completeness or correctness. In the event that a situation arises in which headsupamerica.us and collegepromise.org’s completeness or correctness is in question, please contact us with, if possible, a description of the material to be checked and the location (URL) where such material can be found on headsupamerica.us and collegepromise.org, as well as information sufficient to enable us to contact you.

14. Limitation of Liability.

NEITHER CIVIC NATION, NOR ANY OF OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR CONSULTANTS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE BLOG AND/OR MATERIALS CONTAINED ON THE BLOG, ANY LINKED SITE OR ANY CONTENT OR SERVICE AVAILABLE THROUGH THE BLOG. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE BLOG, CONTENT, SERVICES OR ANY LINKED SITE IS TO STOP YOUR USE OF IT.

15. Indemnification.

You agree to defend, indemnify, and hold harmless CIVIC NATION, and our directors, officers, employees and consultants, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise out of or from A) your activities in connection with headsupamerica.us and collegepromise.org; B) any violation of these Terms of Use by you; or C) any allegation that any Submissions or other materials you submit to us or transmit to CIVIC NATION infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party.

16. Miscellaneous.

These Terms of Use is governed by and construed in accordance with the laws of the District of Columbia, United States of America, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of any court located in the jurisdiction of the District of Columbia, United States of America, and waive any jurisdictional, venue or inconvenient forum objections to such courts, in any matter arising out of or related to CIVIC NATION or these Terms of Use. If any provision of these Terms of Use is found to be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. CIVIC NATION may assign its rights and obligations under these Terms of Use. These, together with all policies referred to herein, is the entire agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements between us with respect to such subject matter.

17. Questions.

If you have any questions or feedback about these Terms of Use or CIVIC NATION, feel free to contact us at info@civicnation.org or write to: 1747 Pennsylvania Ave., NW, Suite 230, Washington, DC, 20006.

headsupamerica.us and collegepromise.org Privacy Policy

Last Updated: September 8, 2016

This Privacy Policy explains how information about you is collected, used and disclosed by Civic Nation. This Privacy Policy applies to information we collect when you use our websites, mobile sites, mobile applications and other online services that link to this Privacy Policy (collectively, the "Sites").

We may change this Privacy Policy from time to time.  If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification).  We encourage you to review the Privacy Policy whenever you access the Sites to stay informed about our information practices and the ways you can help protect your privacy.

Civic Nation is a nonpartisan, tax-exempt organization that uses organizing, engagement and public awareness to address some of our nation’s most pressing challenges. Heads Up America and College Promise are projects of Civic Nation.

Collection of Information

Information You Provide to Us

We collect information you provide directly to us.  For example, we collect information when you fill out a form, send us an email, sign up to receive email or text message updates, request information, sign a petition, sign up as a volunteer, create an account, participate in a contest or promotion, make a donation or purchase, communicate with us via third party social media sites, or otherwise communicate with us.  The types of information we collect may include your name, email address, social media handles, user names, postal address, phone number, mobile number, credit card information, location, and other contact or identifying information you choose to provide.

Information We Collect Automatically When You Use the Sites

When you access or use our Sites, we automatically collect information about you, including:

  • Log Information: We log information about your use of the Sites, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Sites.
  • Device Information: We may collect information about the computer or mobile device you use to access our Sites, including the hardware model, operating system and version, device identifiers and mobile network information.

Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device.  Cookies are small data files stored on your hard drive or in device memory that helps us to improve our Sites and your experience, see which areas and features of our Sites are popular and count visits.  We may also collect information using web beacons (also known as "tracking pixels").  Web beacons are electronic images that may be used in our Sites or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon.  For more information about cookies, and how to disable them, please see "Your Choices" below.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through our Sites.  For example if you create or log into your account through a social media site, we will have access to certain information from that site, such as your name, account information and friends lists, in accordance with the authorization procedures determined by such social media site. We may also use such information for list matching purposes.

Use of Information

We may use information about you for various purposes, including to:

  • Provide, maintain and improve our Sites and send you confirmations, receipts, technical notices, updates, security alerts and support and administrative messages;
  • Provide and deliver the information or products you request, process donations and transactions and send you related information, including confirmations and invoices,
  • Respond to your emails, submissions, comments, questions and requests, provide customer service, request feedback, and otherwise contact you about your use of the Sites;
  • Send you newsletters and otherwise provide you with information or services you request or that we think will be of interest to you, such as sending you information to keep you informed about various issues, events, resources, promotions, contests, products and services;
  • Help connect you with others and to solicit volunteers, donations and support Civic Nation and for issues and organizations that we support;
  • Monitor and analyze trends, usage and activities in connection with our Sites;
  • Personalize and improve the Sites and provide advertisements, content or features that match user profiles or interests or that are based on the information you provide or the actions you take;
  • Notify and contact contest or sweepstakes entrants; and
  • Carry out any other purpose for which the information was collected.

Civic Nation is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Sites or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

Contacting you

We will primarily be contacting you by email but may contact you via email and SMS text message. By signing up, and giving us you phone number, you agree to receive text messages from us. You may receive between 1-4 text messages from us a month, but, message frequency will vary based on user needs. Message and data rates may apply. Reply STOP to cancel, HELP for help. By giving us your phone number, you agree to the following Terms & Conditions: http://crmtext.com/subscribers.

Sharing of Information

We may share information about you as follows or as otherwise described in this Privacy Policy:

  • With vendors, consultants and other service providers or volunteers who need access to such information to carry out work on our behalf;
  • With organizations, groups or causes that we believe have similar viewpoints, principles or objectives or share similar goals and with organizations that facilitate communications and information sharing among such groups;
  • When we believe in good faith that we are lawfully authorized or required to do so or that doing so is reasonably necessary or appropriate to comply with the law or legal processes or respond to lawful requests, claims or legal authorities, including responding to lawful subpoenas, warrants, or court orders;
  • If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Civic Nation, its employees, volunteers or others;
  • With your consent or at your direction, including if we notify you through our Sites that the information you provide will be shared in a particular manner and you provide such information.

We may also share aggregated or anonymized information that does not directly identify you.

Online Petitions

If you sign an online petition, you understand that such petition is public information and that we may make the petition, and your name, city, state, and any comments provided in connection therewith publicly available.  In addition, we may provide such petitions or compilations thereof, including your comments, name, city, and state to national, state or local leaders, or to the press.

Social Sharing Features

The Sites may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Sites with other media, and vice versa.  The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature.  For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Advertising and Analytics Services Provided by Others

We may allow third parties to use cookies or other technologies or otherwise collect information about you in order to provide analytics services and to serve ads on the Sites or on other sites based on your visits to the Sites and other sites across the Internet and across various mobile applications.  These entities may collect or receive information about your use of the Sites and other websites and mobile applications, including your IP address, browser, device information, pages viewed, time spent on pages, links clicked and conversion information.  This information may be used by Civic Nation and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and better understand your online activity.

For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit www.aboutads.info/choices.

Security

Civic Nation takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

Your Choices

Cookies

Most web browsers are set to accept cookies by default.  If you prefer, you can usually choose to set your browser to remove or reject browser cookies.  Removing or rejecting browser cookies does not necessarily affect third party flash cookies that may be used in connection with our Sites.  To delete or disable flash cookies please visit www.adobe.com/products/flashplayer/security for more information.  Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Sites.

Promotional Communications

You may opt out of receiving text messages, updates and newsletters by following the instructions in those emails or text messages.  If you opt out, we may still send you other types of emails, such as those about your use of the Sites or any donations or transactions.

Contact Us

If you have any questions about this Privacy Policy, please contact us at: info@civicnation.org.