Last Modified: September 14, 2020
In these Terms, the terms “you” and “yours” refer to the person using the Sites. The terms “we”, “our”, “us”, and “The Current” collectively refer to The Current organization. Even though you may have arrived to the Sites through a website or mobile application operated or controlled by a third party, you understand and agree that these Terms are entered into between you and The Current.
You and your use of certain of our Sites may also be subject to other terms and conditions that are provided to you or posted on the Sites specific to a particular program or service (“Other Agreement”). To the extent any Other Agreement includes additional terms that are not covered by or are inconsistent with these Terms, the terms and conditions of the Other Agreement will supersede these Terms.
- Modification of the Terms
We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time and for any reason, without penalty or liability to you or any third party. You should check the Terms from time to time when you use the Sites to determine if any changes have been made. You can determine when the Terms were last revised by referring to the “Last Modified” notation above. If you use the Sites after the amended Terms have been posted, you will be deemed to have agreed to the amended Terms. If any of the provisions of these Terms are not acceptable to you, your sole and exclusive remedy is to discontinue your use of the Sites.
In order to use the Sites, the following must be true:
- You are age 13 or over.
You understand and agree that satisfying the above requirements does not guarantee that you may use the Sites. In addition to the above requirements, The Current reserves the right to change or include new requirements as deemed appropriate in its sole discretion without providing prior notice to you.
- Restrictions on Use
You will not use, or encourage or permit others to use, our Sites except as expressly permitted in these Terms. You will not:
- Use or attempt to use the Sites for any person other than yourself;
- Access or use the Sites in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, or that violates any applicable local, state or federal law or regulation, or is prohibited by these Terms;
- License, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Sites or related materials in any way;
- Take any action or use the Sites in any manner which could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Sites or any content, in whole or in part;
- Disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Sites or any computer network;
- Bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure implemented by The Current or any of our service providers to protect our Sites;
- Remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Sites or any content made available to you on or through our Sites;
- Copy, duplicate, download, store in a retrieval system, publish, transmit or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to The Current or third-party content from the Sites; or
- Encourage or enable any other individual to do any of the foregoing.
Our Sites include functionalities that are available to visitors, as well as some password-protected functionalities, such as posting, that may be accessed only by individuals who have registered for and been provided with login information (collectively, “Authorized Users”). These Terms apply to both the public areas of the Sites and the password-protected areas of the Sites. To become an Authorized User, you may be asked to provide certain registration details or other information (“Registration Information”). It is a condition of your use of our Sites that all the Registration Information you provide on our Sites is correct, current and complete.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Sites or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
- intellectual property
As between The Current and you, The Current is the sole and exclusive owner of all right, title and interest in and to the Sites and its content, features and functionality (including, without limitation, all information, software, text, displays, images, video, audio, selection, arrangement and look and feel), and all intellectual property rights therein, and any suggestions, ideas or other information or feedback provided by you. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Sites shall be owned solely and exclusively by The Current or its licensors, including all intellectual property rights therein. You have permission to use the Sites solely for your personal and non-commercial use on the condition that you comply with these Terms. No other right, title or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by us.
Certain names, logos, and other materials displayed in and through the Sites may constitute trademarks, trade names, service marks or logos (“Trademarks”) of The Current. You are not authorized to use any such Trademarks without the express written permission of The Current. Ownership of all such Trademarks and the goodwill associated therewith remains with us.
- License and Use
Subject to your compliance with these Terms, The Current grants you a personal, limited, revocable, nonexclusive, and nontransferable license to view, access, and use the Sites and its content, solely for your personal and non-commercial use. No other right, title, or interest in or to the Sites is transferred to you, and all rights not expressly granted are reserved by The Current or its licensors. You are not permitted to reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any such content for commercial use.
When you make a donation to our cause, we ask you to provide certain financial information that we need in order to complete your gift. We may use a third party provider to process your donation. We do not store any payment card information (e.g., credit card number, expiration date, and CVV) with respect to donations made online, by phone, or in person at fundraising events, via credit card. All payment card information is stored by our trusted third-party payment processors. If you make a donation online, your information may be added to one or more of our supporter lists and databases, and you may be contacted about The Current’s activities, news, and/or fundraising campaigns or other related organizations that we believe may interest you.
- Communications; Opt-Out
As part of your use of the Sites, you may be asked to elect to receive certain email notifications from The Current and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from The Current. You may opt-out of receiving certain notifications in association with the Sites and The Current by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important announcements or notifications even if you have opted-out from other messages.
- Use of Your Submission.
By posting or otherwise submitting your Submission, you hereby irrevocably assign (and agree to assign) to The Current, free and clear of any restriction or encumbrances, all of your rights, title and interest in and to the Submission posted or submitted, including, without limitation, all copyrights, rights in patents, rights in trade secrets, and all rights incidental, subsidiary, ancillary, or allied thereto (including, without limitation, all derivative rights) in and to the Submission. To the extent the assignment granted above fails for any reason, you hereby grant to The Current an exclusive, perpetual, irrevocable, royalty-free, worldwide license under your intellectual property rights, with the right to sublicense to third parties the right, to make, access, practice, sell, offer for sale, export, import, copy, use, modify, prepare derivative works from, distribute, publicly display, publicly perform, and otherwise exploit in any manner those Submissions with respect to which the foregoing assignment shall have failed. You agree to execute any documents and take any other actions as may reasonably be necessary, or as The Current may reasonably request, to evidence, perfect, maintain and enforce The Current’s ownership of or license to any such Submissions.
In addition to the foregoing, The Current shall have the right, in its sole discretion, to edit, duplicate, or alter the Submission in any manner for any purpose that The Current deems necessary or desirable, and you irrevocably waive any and all so-called moral rights you may have in the Submission. You further agree that you shall have no right of approval and no claim to compensation in connection with the Submission.
- Representations and Warranties.
You represent and warrant to The Current as follows: (a) you are voluntarily submitting the Submission; (b) you understand that no copy of your Submission will be returned to you; (c) the content of the Submission is previously unpublished and is original to you (or, if you are not the person that created the Submission, the person who created the Submission has assigned to you all rights necessary to allow you to assign and grant to The Current the rights assigned and granted (as the case may be) pursuant to these Terms); (d) the Submission does not disparage The Current or its competitors, does not contain any pornographic, obscene, profane, libelous, threatening, or otherwise objectionable material, and does not contain any trademarks belonging to a third party; (e) the content of the Submission is not the subject of any actual or threatened litigation or claim; and (f) neither the Submission, nor the use of the Submission by The Current in any manner, venue or media, whether now known or hereafter devised anywhere in the universe at any time for any purpose (including, without limitation, for purposes of advertising, promoting and publicizing The Current and its products and services), will infringe upon or violate the intellectual property rights or other rights of any other person or entity or any applicable laws.
- No Obligation to Use.
We encourage public engagement and welcome constructive conversations and coherent discussion through our Sites’ functionalities which allow for posting. However, The Current shall have no obligation (expressed or implied) to use or post a Submission or, if commenced, to continue the distribution or posting thereof, and The Current may at any time abandon the use (or posting) of the Submission and/or remove the Submission from any of the Sites for any reason in its sole discretion.
Additionally, The Current may refuse to post or remove Submissions which contain, in our sole discretion, inaccuracies, personal attacks, off-topic rants or improper content for our Sites. We have the right to block Authorized Users who repeatedly post Submissions which are deemed, in our sole discretion, inappropriate, non-constructive or improper for our Sites.
If we refuse to post your Submission to our Sites, remove your Submission from our Sites, and/or block you from being able to post Submissions in the future, you shall not be entitled to any damages or other relief by reason thereof.
- Nature of Relationship/Waiver of Equitable Relief.
You hereby acknowledge and agree that the relationship between you and The Current is not a confidential, fiduciary, or other special relationship, and that your decision to provide the Submission to The Current does not place The Current in a position that is any different from the position held by members of the general public with regard to elements of the Submission. You acknowledge and agree that The Current does not now, and shall not have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
- General Release and Limitations on Liability.
By making your Submission, you agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Submission shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting the Submission, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will you be permitted to obtain any award for, and you hereby knowingly and expressly waive all rights to seek, punitive, incidental, or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. You acknowledge and agree that The Current is not responsible for any damage to your computer system that is occasioned by accessing any of the Sites, or for any computer system, phone line, hardware, software, or program malfunctions, or other errors, failures, delayed computer transmissions, or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Most disputes can be resolved without resort to litigation. Please contact Margaret Coker, editor in chief, at email@example.com or Susan Catron, managing editor, at firstname.lastname@example.org. Except for intellectual property and small claims court claims or claims for injunctive or special relief, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our [editor in chief and/or our managing editor], and good faith negotiations shall be a condition to either party initiating litigation.
You agree that any litigation between you and The Current arising from or pertaining to your Submission (including, without limitation, any use by The Current of your Submission) and/or your use of our Sites shall be governed by Georgia law and that exclusive jurisdiction resides in the courts of the State of Georgia, in the USA, subject to mandatory local laws applicable by virtue of your status as a consumer.
- Links to Third-Party Hyperlinks and Sites
The Sites may contain hyperlinks or references to other websites (“Linked Sites”) operated by third parties. This includes links contained in advertisements, including banner advertisements and sponsored links. The Linked Sites may not be under our control; therefore, we are not responsible for the information, products or services described thereon, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We are providing these Linked Sites to you only as a convenience, and the inclusion of any link does not necessarily imply endorsement of the Linked Site or any association with its operators. Your use of these Linked Sites is at your own risk, and we are not liable to you in any way, either directly or indirectly, for any content, errors, damage or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.
You may have arrived to the Sites through a Linked Site. You understand and agree that we are not responsible for the information, products or services described on those Linked Sites and only these Terms will apply to your use of or access to the Sites.
- Disclaimer of Warranties; Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE SITES ARE AT YOUR SOLE RISK. THE CURRENT AND ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES AND SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITES, INCLUDING ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES, INCLUDING, TO THE EXTENT PERMITTED BY LAW, RIGHTS OF PRIVACY.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS SECTION, NEITHER THE CURRENT NOR ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS OR LICENSORS WILL BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES.
You agree to indemnify, defend, and hold The Current and any of its officers, directors, employees, licensors, and agents harmless from and against any and all third-party claims, demands, liabilities, costs or expenses, including attorneys’ fees and costs, arising from or related to: (i) any breach by you of these Terms or an Other Agreement, (ii) your use of content or data available on the Sites in an unauthorized manner, and/or (iii) a violation by you of any and all applicable laws, rules, or regulations.
- Modifications to the Sites
The Current reserves the right at any time and for any reason to modify, or temporarily or permanently discontinue, the Sites, or any portion thereof, with or without notice. You agree that The Current shall not be liable to you and/or to any third party for any modification, suspension, or discontinuance of the Sites.
The Terms set forth the entire understanding and agreement between you and us with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe, or describe the scope or extent of such section. Our failure to act with respect to any failure by you or others to comply with these Terms does not waive our right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.
The Sites are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. These Terms will be governed by the laws of the State of Georgia without regard to conflicts of law principles.
- Copyright Infringement Claims
The Current reserves the right to remove any content or any other material or information available on or through our Sites, at any time, for any reason. The Current otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. If you have objections to copyrighted content or material made available on or through our Sites, you may submit a notification to our Designated Agent at the following address:
Attn : Editor
P.O. Box 8681
Savannah, GA 31401
- Contact Information