Effective as of August 15, 2024
These Terms of Use (these “Terms”) govern all use of the websites made available by Mission Roll Call (“MRC”, “we”, “us” or “our”) that refer to or link to these Terms, including https://www.missionrollcall.org/ (each, a “Site” and, collectively, the “Sites”) and all content, services and products available at or through the Sites (the “Services”). In order to use the Sites or Services or access the information contained on the Sites, you must first read these Terms and agree, without modification, to all the terms and conditions contained herein.
BY ACCESSING AND/OR USING THE SITES OR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS YOU MAY NOT USE OR ACCESS THE SITES OR SERVICES.
Changes to these Terms
We may add to, modify, or otherwise update these Terms from time to time in our sole discretion by notifying you that a new version of these Terms has been posted to the Sites or Services. You should review these Terms for any additions, modifications or updates each time that you access the Sites or use any of the Services. Your use of the Sites or Services is governed by the Terms effective at the time of your use, and your use of the Sites or Services following any additions, modifications or updates to these Terms constitutes your acceptance of such additions, modifications or updates.
Privacy
We have established a privacy policy to explain to you how your information is collected and used by us. Please review the privacy policy to understand our practices. The privacy policy is located here.
Using the Sites and Services
A. Eligibility. In order to use the Sites and Services, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms.
B. User Credentials. When you use the Sites or Services, you may be required to create a username and password (collectively, “User Credentials”). In creating your account, you must accurately provide all required information. You may not impersonate someone else, create an account for someone else, provide another’s email or create multiple accounts. You may not share your User Credentials with any third party, and you are responsible for maintaining the confidentiality of your User Credentials. You are fully responsible for all activities that occur through the use of your User Credentials.
C. Availability. We may modify, update, interrupt, suspend or discontinue the Sites or Services, or any portion of the Sites or Services, at any time in our sole discretion without notice. The Sites and Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. We are not responsible for any delays, failures or other damage resulting from such problems.
D. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferrable, revocable license to access and use the Sites and Services. You acknowledge and agree that you will not access, reproduce, duplicate, copy, sell, re-sell or otherwise exploit for any commercial or any other non-personal purpose the Sites, Services or any content contained or made available via the Sites or Services without our express written consent. The foregoing license granted by us immediately terminates if you do not comply with these Terms.
E. Termination of Account. We reserve the right, in our sole discretion, to determine whether your use of the Sites and/or Services is consistent with these Terms. We, in our sole discretion, may suspend, restrict or terminate your use of the Sites and/or Services if your use fails to comply with these Terms.
Restrictions on Use
In connection with your use of the Sites and Services, you represent and warrant to us that you:
(a) are at least 18 years of age;
(b) will not modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Sites or Services;
(c) will not access, retrieve, scrape, index, download or copy any information contained on the Sites or Services through artificial means, such as spiders, bots, hacking devices or other means;
(d) will not attempt to gain unauthorized access to the Sites or Services, the accounts of other users of the Sites or Services, or other computer systems or networks connected to the Sites or Services;
(e) will not use the Sites or Services in any way that could interfere with our rights or the rights of other users of the Sites or Services;
(f) will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Sites or Services, features that prevent or restrict the use or copying of content on the Sites or Services, or features that enforce limitations on the use of the Sites or Services;
(g) will not post any defamatory, illegal, infringing or misappropriated content to the Sites or Services; and
(h) will abide by all applicable laws in connection with your access or use of the Sites or Services.
Notice and Communications
You agree that we may communicate with you under these Terms through email or by posting any notices on the Sites or Services. You consent to receive communications from us electronically, such as e-mails, texts, or notices and messages on the Sites or Services, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property
Except for Your Content (defined below), all content, materials, and information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio clips, downloads, and software is the exclusive property of us or our licensors and are protected by United States and international copyright laws and other intellectual property laws around the world. All graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Sites and/or Services are trademarks or trade dress of us or our licensors in the U.S. and other countries. Our trademarks and trade dress may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. All other trademarks not owned by us that appear on the Sites or Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.
Your Content
If you submit your story or any other content to us, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use, edit, create derivative works of, broadcast, reproduce, copy, modify, distribute, and publish for advertising, promotion, publicity, trade, merchandising, public relations and media purposes, and for any other lawful purposes whatsoever, your story or content and any images, photos or other materials provided by you (collectively, “Your Content”), whether together or separately, or any part thereof in combination with or as a composite of other matter, in all media or embodiments now known or hereafter developed without limitation. You agree that we have no obligation to use Your Content, whether in whole or in part. In addition, you hereby grant to us a worldwide, perpetual, non-exclusive, royalty-free license to use and permit to be used your name, image and likeness, whether in original or modified form, in connection with Your Content, as we may choose in our sole discretion. You hereby waive and agree not to assert any and all “moral rights” wheresoever held in the world in relation to Your Content. You release and discharge us from any liability whatsoever, and you shall neither sue nor bring any proceeding against us for, any claim, demand or cause of action whether now known or unknown, including without limitation claims for defamation, invasion of the right to privacy, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of Your Content, including claims for any alteration, distortion or illusionary effect, whether intentional or otherwise. You hereby waive any right that you may have to inspect or approve any works into which Your Content are incorporated and any materials that may be used in connection therewith (both of which are solely owned by us) or the use to which the foregoing may be applied.
No Warranty
THE SITES AND SERVICES ARE BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS OR FAILURE BY THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITES AND SERVICES AND THEIR OPERATION, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY WARRANTY THAT THE SITES OR SERVICES WILL: (A) MEET YOUR REQUIREMENTS; (B) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SITES OR SERVICES WILL BE CORRECTED. YOU AGREE THAT USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITES OR SERVICES OR FROM ANY INFORMATION OR CONTENT ON THE SITES OR SERVICES INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING SIGNED BY OUR DULY AUTHORIZED REPRESENTATIVE.
Notice to California Residents
Under California Civil Code, Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Sites or Services, please contact us by writing to Mission Roll Call, PO BOX 1373, Clover, SC 29710, or by calling us at [706-399-7373]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834 or by phone at 916-445-1254 or 800-952-5210.
Digital Millennium Copyright Act
In accordance with the Digital Millennium Copyright Act (“DMCA”), we will promptly respond to claims of copyright infringement that are reported to the agent we have designated to receive notifications of claims of infringement, whose contact information is:
Mission Roll Call
PO BOX 1373
Clover, SC 29710
Attn: [Ray Whitaker]
Email: [rwhitaker@missionrollcall.org]
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our agent with written notice of the claimed infringement that includes the following:
(a) a physical signature of a person authorized to act on behalf of the owner of the copyright allegedly infringed;
(b) a description of the copyrighted work that is claimed to have been infringed;
(c) a description of where the allegedly infringing material is located on the Sites;
(d) your address, telephone number, e-mail address and any other information reasonably sufficient to allow us to contact you;
(e) a statement from you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) a statement made by you, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the owner’s behalf.
Governing Law
These Terms and the relationship between you and us will be governed by the laws of the State of South Carolina, without regard to conflict of law provisions. You agree and consent to the exclusive jurisdiction of the state or federal courts located in South Carolina and waive any defense of lack of personal jurisdiction or improper venue or inconvenient forum.
Severability
These Terms are severable. If any provision contained in these Terms is found to be illegal, invalid or unenforceable, the remaining provisions shall nevertheless continue in full force and effect, and the illegal, invalid or unenforceable provision shall be deemed modified so that they are legal, valid and enforceable to the maximum extent permitted by law.
Entire Agreement
These Terms and the Privacy Policy contain the entire agreement between you and us regarding the use of the Sites and Services, and supersede any prior agreement, whether written or oral, between you and us regarding the subject matter contained in these Terms.