Terms of Use

Peace is Loud Terms of Use

Last Update: March 13, 2024

Welcome! Peace is Loud (“Peace is Loud,” “we,” “us,” or “our”) invites you to access and use our website, located at https://peaceisloud.org, or any other digital properties or services that link to these Terms of Use, including any mobile application (collectively, the “Sites”), subject to the following terms and conditions (the “Terms of Use”). BY ACCESSING AND/OR USING OUR SITES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED INTO THESE TERMS OF USE AND MADE A PART HEREOF BY REFERENCE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO ANY OF THE TERMS IN THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITES.

We may change these Terms of Use from time to time with or without notice to you. If we modify these Terms of Use, we will post the modification on the Sites. Please check these Terms of Use periodically for changes. Your continued use of the Sites following the posting of the modified Terms of Use will mean you accept those changes.

If you are accessing and using the Sites on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” refers to such entity, in addition to you in your individual capacity.

From time to time we may offer fee-based consulting services and program training, including advising, educational frameworks, strategy and organizing (“Services”). We provide access to and use of our Services pursuant to commercial agreements, associated with the applicable Products made available to you at the time of purchase (the “Commercial Agreement”). If there is a conflict between these Terms of Use and terms and conditions of the applicable Commercial Agreement associated with the Product you are purchasing, the terms and conditions of the Commercial Agreement will take precedence with respect to the use of or access to such Products.

Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

1. Access and Use

The Sites are available only to individuals aged 13 years or older, and only available in the United States. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understands it. If you are under the age of 13, you may not use the Sites. We reserve the right, in our sole and absolute discretion, to deny you access to the Sites, or any portion thereof, including by closing or disconnecting your account, without notice and without reason.

2. Community Guidelines

By accessing and/or using the Sites you hereby agree to comply with the following guidelines:

You will not use the Sites for any unlawful purpose;
You will not access or use the Sites to collect any market research for a competing businesses or organization;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not decompile, reverse engineer, or disassemble any software or other data or processes accessible through the Sites;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Sites;
You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Sites;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Sites, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org);
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means.

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Sites, or any portion thereof, without notice.

3. Intellectual Property

a) The Sites and all information and materials available on the Sites (the “Content”) are protected by copyright, trademark, trade dress, unfair competition, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Peace is Loud and its licensors exclusively own all right, title, and interest in and to the Sites, including all associated intellectual property rights.

b) You may not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Sites.

c) The trademarks, service marks, and logos of Peace is Loud (the “Peace is Loud Trademarks”) used and displayed on the Sites are registered and unregistered trademarks or service marks of Peace is Loud. Other company, product, and service names located on the Sites may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Peace is Loud Trademarks, the “Trademarks”). Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Peace is Loud Trademarks inures to our benefit.

d) You may not copy or imitate in whole or in part, by any means, including, but not limited to, the use of framing or mirrors, any of the Content or the Sites.

e) You may view all Content for your own personal or internal business use. Except as explicitly permitted in Section 3.f) below, you may not:

View or use the Content for any other use, including any commercial use, without the prior written consent of Peace is Loud;
Retransmit the Content without our express, written consent for each and every instance;
Use or post any Content on any other website, social media page, or in a networked computer environment for any purpose; and/or
Sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.

We, and our licensors, will retain all right, title, and interest, including all intellectual property rights, in and to the Content.

f) You may view, copy, download, print, and share Content that is available on the Sites subject to the following conditions:

You may not modify or alter the Content and/or the Sites in any manner.
You may not remove any copyright, trademark, or other proprietary notices.
You may use or re-post brief quotes from the Sites (under 250 words) or individual pieces of Content (e.g., a video) on your website or social media page with proper attribution to us and a link to its source.

g) If you violate any part of this Agreement, your permission to access the Sites automatically terminates and you must immediately destroy any copies you have made of any Sites or Content.

4. Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Sites and our products and services (“Feedback”). Although we encourage you to e-mail us, we do not want you to, and you should not, e-mail us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

5. Downloaded Content and Attribution

Our Sites contain data relating to film impact campaigns, film educational resources, toolkits and action guides. Some of this information is available for you to download from our Sites. If you would like to download data from our Sites, you must request the ability to do so by engaging the “Download” link on our Sites. Approved requests will receive a link through which you may download such information. By downloading any data, or information from our Sites (“Downloaded Data”), you agree to the following: (i) Downloaded Data is licensed, not sold, to you for your personal or internal use only under the terms and conditions of this Agreement. Peace is Loud reserves all rights in and to the Downloaded Data not expressly granted to you in this Agreement; (ii) you shall retain all branding, trademark and copyright notices, attributions, and identification of authors that appear on the Downloaded Data delivered to you; (iii) to the extent you would like to use the Downloaded Data for external purposes, or excerpt portions of the Downloaded Data for external purposes, including without limitation, reports or published materials, you shall display the appropriate copyright notice and cite Peace is Loud as a source.

Further, you agree you shall not: (i) remove, obscure or modify any proprietary marking or restrictive legends placed on the Downloaded Data, copyright or other notices, trademark, source identifiers, or other designations; (ii) sell or commercialize the Downloaded Data or charge others a fee to view the Downloaded Data, or sell advertising specifically against it, without our prior written consent; or (iii) directly or indirectly, to create, implement, or enhance a engage or participate in any activity or course of action that could diminish or tarnish the image or reputation of the Downloaded Content or Peace is Loud, or cause confusion as to the ownership of the Downloaded Content.

6. Disclaimers and Limitation of Liability

THE SITES, AND INFORMATION AND CONTENT PROVIDED ON THE SITES, INCLUDING DOWNLOADED DATA, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER PEACE IS LOUD NOR ITS LICENSORS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND PEACE IS LOUD HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PEACE IS LOUD MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT AVAILABLE ON THE SITES, OR ANY DOWNLOADED DATA. PEACE IS LOUD PROVIDES ALL CONTENT AND DOWNLOADED DATA FOR INFORMATIONAL PURPOSES AND YOU MUST EXERCISE YOUR OWN JUDGEMENT WITH RESPECT TO YOUR USE OF SUCH CONTENT OR DOWNLOADED DATA. TO THE EXTENT THAT PEACE IS LOUD AND ITS SUPPLIERS MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SITES, THE CONTENT OR ANY DOWNLOADED DATA, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SITES, THE CONTENT OR ANY DOWNLOADED DATA SHALL BE LIMITED TO FIFTY DOLLARS ($50).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.

THE SITES, THE CONTENT AND THE DOWNLOADED DATA MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON ANY OF THE SITES, THE CONTENT AND ANY DOWNLOADED DATA. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SITES, THE CONTENT, AND ANY DATA PREVIOUSLY DOWNLOADED BY YOU, AT ANY TIME WITHOUT NOTICE.

7. External Websites

The Sites may contain links to third-party websites (“External Websites”), but we do not endorse and are not responsible for the maintenance or content of any linked External Website. Please refer to the terms of use and privacy policies of the External Websites for more information.

8. Indemnification

You will indemnify, defend, and hold Peace is Loud and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Peace is Loud Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Peace is Loud Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Sites, Content and/or the Downloaded Data; or (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim; and (iii) providing you with sole control over the defense and negotiations for a settlement or compromise.

9. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Sites, Content, and the Downloaded Data, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Sites, Content and/or the Downloaded Data at any time without prior notice or liability.

10. Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Sites, Content and the Downloaded Data (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States’ county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in the “Equitable Relief” Section below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.

11. Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12. Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for purposes of any such action by us.

13. MISCELLANEOUS

If the Agreement is terminated in accordance with the “Termination” Section above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “Disclaimers and Limitation of Liability,” “Indemnification,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.” These Terms of Use (together with the Privacy Policy) constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and Peace is Loud. The section headings in these Terms of Use are for convenience only and must not be given any legal import. In the event that any portion of these Terms of Use is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. Except for proceedings commenced by Peace is Loud to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New York and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement.