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ACT Posting Terms

Overview

These Posting Terms apply to your choice to post content to the www.act.org website (the Site). They, together with the ACT Terms of Use and Privacy Policy, form an agreement between you and ACT, Inc. (the Terms). If anything in these Posting Terms conflicts with any other Terms, these Posting Terms govern. ACT may revise these Posting Terms and any other Terms or information contained in the Site at any time. When we make revisions, we will tell you by noting that the Terms are new next to the link to the affected Terms. The date of last revision is at the bottom of this page. Any time we change the Terms, your continued use of the Site shows your consent to the changes.

Providing Information

If you want to comment on articles, you must provide certain personal information, specifically your name and email address. You may also choose to give us a website address. Your email address will not be displayed, though your name and website address will. We will also log your IP address. We will disclose your email address and IP address to third parties only as disclosed in the Terms, as required by law, or to protect ACT’s own legal interests in the event of a dispute with you. We may also use your IP address to block your access to the Site if we determine that you have violated the Terms.

All information displayed in the “Comment” box will be publicly available. You cannot delete a comment yourself. If you wish to remove a comment you made, please contact ACT at the email address provided for the item you are commenting on.

Disclaimers Regarding Content

ACT is not responsible for any content provided by commenters; each commenter is solely responsible for any content he or she submits (collectively “Submissions”) to the Site.

Submissions

If you submit a Submission to the Site, ACT may, but is not obligated to, display that content on the Site. ACT does not and cannot review all Submissions, and it does not take on the obligation to do so under these Terms of Use. ACT reserves the right to remove or refuse to publish any Submission at any time in its sole discretion.

When submitting any Submission to the Site, you:

  1. Grant to ACT an irrevocable, perpetual, worldwide, royalty-free, fully paid-up, fully sublicenseable, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute such Submission within the Site, in any format and through any channel now existing or created in the future. This means that ACT can use any Submission in any way it chooses, though you retain ownership of your own content.
  2. Waive any applicable moral rights in your Submission.
  3. Must either have created the Submission by yourself or have permission from the owner (or other co-owners) of the Submission to post it to the Site.
  4. Represent and warrant that ACT’s publication of the Submission does not violate any intellectual property rights, publicity rights, privacy rights, contractual rights, or other rights of any person or entity, and that the information contained in the Submission is accurate.

No Submission may contain any unlawful, harmful, threatening, abusive, harassing, bullying, defamatory, vulgar, obscene, violent, pornographic or sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind. No Submission may encourage conduct that would (a) advocate or advance computer hacking or cracking, (b) constitute a criminal offense, (c) give rise to civil liability, or (d) otherwise violate any applicable law. No Submission may contain someone else’s personal information, such as information that could be used to contact someone or commit identity theft. No Submission may contain spam, viruses, phishing, Trojans, worms, or other harmful content designed to damage the Site or the internet access device of other visitors to the Site.

If you wish to report a violation of this Submission policy, please contact ACT at the email address provided for the item you are commenting on.

Confidential and Proprietary Information

ACT does not want to receive confidential or proprietary information from you. Therefore, any information or material sent to ACT via the Site or other means will be deemed NOT to be confidential, and we may use it in any way that we can use a Submission. You also agree that ACT is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose, without compensation of any sort. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit will be published or otherwise used with your name on it; (c) we are required to do so by law; or (d) we deem it necessary in our sole discretion to defend our own legal interests.

DMCA Take-Down Notices

If you are a copyright owner or an agent of a copyright owner and believe that any content on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

  1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works on the Site;
  3. 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 us to locate the material;
  4. information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an e-mail address;
  5. a statement that you 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; and
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send ACT a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notification and counter-notification pursuant to the DMCA should be submitted to:

Katy Marescalco
500 ACT Drive
Iowa City, IA 52240
Katy.marescalco@act.org

You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice or counter-notice may not be valid. ACT encourages you to consult with your attorney before filing a notice or counter-notice. Please be aware that there may be penalties for false claims under the DMCA.

Last revised: February 15, 2013.