Terms of Service
You are now reading (or skimming) the Terms of Service ("Terms"), governing Do Something, Inc. and dosomething.org (collectively "Do Something" or us), our website, products, services, and/or content provided by Do Something (collectively, the "Services"). Read this carefully, and in return we'll highlight the super-important stuff to make it easier. Oh, and if you have any questions or suggestions, email us.
1. Accepting the Terms of Service
2. Use of the Services
Eligibility. You may only use the Services if you can form a binding contract with Do Something and are not legally prohibited from using the Services. If you're younger than 13, even if you're 12.9 years old, you must ask your parent or guardian before using the Services. You also may have to provide us with contact information for your parent or guardian so that we can obtain their consent to your use of the Services. Or try our book instead.
3. Registration and Security
As a condition to using certain of the Services, you may be required to create an Account and select a password (and don't make it something pathetically easy like "1234").
You should provide Do Something with accurate, complete, and updated registration information, particularly your email address or cell phone number, and failure to do so may result in suspension of your Account.
Life isn't a spy movie. You agree that you will not select or use a name of another person or entity with the intent to impersonate that person or entity or to otherwise cause confusion as to the origin or source of your Account. Do Something reserves the right to refuse registration of, cancel, or modify a profile in our sole discretion if we reasonably suspect a violation of this provision.
You are also responsible for maintaining the confidentiality of your Account password and for the security of your Account, and you will notify Do Something immediately of any actual or suspected loss, theft, or unauthorized use of your Account or Account password.
5. Warranty Disclaimer; Services Available on an "As-Is" Basis
Your access to and use of the Services or any content is at your own risk (like bungee-jumping). YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, Do Something DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Do Something makes no representations or warranties of any kind with respect to the Services, including any representation or warranty that the use of the Services will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free of viruses or other harmful components. Do Something also makes no representations or warranties of any kind with respect to content; content, in particular, is provided by and is solely the responsibility of, the user providing that content. No advice or information, whether oral or written, obtained from Do Something or through the Services, will create any warranty not expressly made herein.
6. Release from Liability
You release, to the fullest extent permitted by law, Do Something, its directors, officers, shareholders, employees, representatives, consultants, agents, suppliers, and/or distributors from responsibility, liability, claims, demands, and/or damages of every kind and nature (including without limitation actual, incidental, punitive, and consequential damages), known and unknown, arising out of, or in any way concerning the Services, including without limitation, the following:
- Disputes between users of the Services, including those between you and other users.
- Third party sites and services, including content found on such sites and services.
- Disputes concerning any use of or action taken using your Account by you or a third party.
- Claims relating to the unauthorized access to any data communications or content stored under or relating to your Account, including unauthorized use or alteration of such communications or your content.
- Claims relating to any involvement with a third party while in the course of using the Services, whether on the internet, in a physical location or otherwise. You understand that such third party is not a representative, employee, agent or affiliate of Do Something, and shall not be considered as such for any purpose whatsoever.
7. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DO SOMETHING, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS SHALL NOT BE LIABLE FOR: (A) ANY ACTUAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER; (B) LOSS OF PROFITS, REVENUE, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES; (C) DAMAGES RELATING TO YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICES; (D) DAMAGES RELATING TO ANY CONDUCT OR CONTENT OF ANY THIRD PARTY OR USER USING THE SERVICES, INCLUDING WITHOUT LIMITATION, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OR CONTENT; AND/OR (E) DAMAGES IN ANY MANNER RELATING TO ANY CONTENT. THIS LIMITATION APPLIES TO ALL CLAIMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT DO SOMETHING HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND FURTHER WHERE A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF DO SOMETHING AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, AND/OR DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF FIFTY DOLLARS (US $50.00) OR THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES. Some jurisdictions may not allow the exclusion of certain warranties or the exclusion/limitation of liability, so the limitations above may not apply to you.
*we aren't yelling. We just needed to get the point across.
Much like a breakup, Do Something may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of these Terms. (We promise not to do it by Post-It note.) In particular, Do Something may immediately terminate or suspend Accounts that have been flagged for repeat copyright infringement.
Upon termination of your access to or ability to use the Services, including but not limited to suspension of your Account on a Service, your right to use or access the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to Do Something or any third party.
9. Legal Disputes
You and Do Something agree that we will resolve any claim or controversy at law or equity that arises out of these Terms or the Services in accordance with this Section unless you and Do Something otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.
Law and Forum for Legal Disputes. These Terms shall be governed in all respects by the laws of the State of New York as they apply to agreements entered into and to be performed entirely within New York between New York residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Do Something must be resolved exclusively by a state or federal court located in New York County, New York, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
Digital Millennium Copyright Act
A. If you are a copyright owner or an agent thereof and believe that any content posted on the Services 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):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- 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 the service provider to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted;
- 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
- 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.
Do Something's designated Copyright Agent to receive notifications of claimed infringement is Peter Weinberg, c/o Gibson, Dunn & Crutcher LLP, 200 Park Avenue, New York, NY 10166, email: email@example.com, fax: 212-254-2391. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Do Something User Relations through firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent (see 17 U.S.C. § 512(g)(3) for further detail):
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material to be removed or disabled; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the United States District Court for the Southern District of New York in New York, New York, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Do Something may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Do Something's sole discretion.
If any part of these Terms shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms.
11. Waiver; Remedies
The failure by us to partially or fully exercise any rights or the waiver of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by us or be deemed a waiver by us of any subsequent breach by you of the same or any other provision of these Terms. Our rights and remedies under these Terms shall be cumulative, and the exercise of any such right or remedy shall not limit our right to exercise any other right or remedy.
12. Changes to Terms of Service
We reserve the right to change these Terms at any time and without prior notice, by posting a revised version on the Services. Such changes shall be effective immediately upon the time that such changes are posted on the Services. Your continued access or use of the Services after those changes are posted shall be deemed your acceptance of those changes. You agree to review these Terms periodically to confirm your acceptance.
13. Contact Us
You have questions? We have answers (and some great knock-knock jokes). Email email@example.com.
14. Effective Date
These Terms were last updated on April 23, 2012.