Welcome to Gaining Ground: The Fight for Black Land website (the “Site”). This Site is owned by American Dreamer Media LLC (“Company” or “ADM” or “we” or “us”).
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Some areas of this Site may be subject to additional terms and conditions (“Additional Terms”), which you should read carefully before making use of those areas. To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.
MODIFICATIONS TO THE TERMS
Although we may attempt to notify you when major changes are made to these Terms, you should periodically review the most up-to-date version. Company may add, change, discontinue, remove or suspend any portion of the Site at any time, without notice. We reserve the right, in our sole discretion, to modify, alter, or otherwise change these Terms and will post any new or revised terms on the Site. Nothing in these Terms shall be deemed to confer any third-party benefits.
If you are a member of the press and are interested in interviewing Al Roker, Eternal Polk or any other participant or creator of the film, send an email to firstname.lastname@example.org.
TABLE OF CONTENTS
- Third Party Services and User Accounts
- The Shop
- Unsolicited Submissions
- Ownership of Content / License
- Warranties / Disclaimers / Limitations on Liability
- No Personal Advice
- Third Parties/ No Endorsement
- Linking to the Site
- Location / Jurisdiction
- Non-United States Residents
- Filtering / Parental Controls
- Effective Date
THIRD PARTY SERVICES AND USER ACCOUNTS
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If an item arrives damaged or is never received, customer may request a refund by emailing us at email@example.com Any other concerns or issues related to purchases made through the Shop on the Site can be directed to firstname.lastname@example.org.
Gaining Ground is pleased to hear from its viewers and users and welcomes your comments regarding the film. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions or materials. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by Al Roker Entertainment/American dreamer Media LLC and its Affiliates or their respective professional staff might seem to others to be similar to their own creative work. If, at our request, you send us specific submissions or, despite our request that you not send us any other creative materials, you send us creative suggestions, ideas, notes, show or segment ideas, drawings, concepts or other information (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of the producers of Gaining Ground the Film.
OWNERSHIP OF CONTENT / LICENSE
This Site and all of its past, current and future content, such as articles, opinions, other text, directories, guides, photographs, illustrations, designs, compilations, images, video and audio clips and advertising copy, as well as the trademarks, logos, domain names, trade names, service marks, trade identities, any and all copyrightable material (including source and object code), and all other materials related to the “look and feel” of the Site, and any other form of intellectual property (collectively, the “Content”) is owned by or licensed to Company or other authorized third parties and is protected as intellectual property or otherwise. Except as expressly set forth in these Terms or expressly granted to you in writing by Company, no rights (either by implication, estoppel or otherwise) are granted to you. You may only use the Content as expressly set forth in these Terms. UNAUTHORIZED USE, COPYING, REPRODUCTION, STORING, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING, DUPLICATING, REMOVAL OR ALTERATION OF ADVERTISING OR ANY OTHER MISUSE OF ANY OF THE CONTENT IS STRICTLY PROHIBITED. You agree to abide by any and all additional copyright notices, information or restrictions contained in any part of the Site.
Any software that we make available for download or use from the Site and/or our servers (the “Software”) is the copyrighted work of Company or its licensors or suppliers. Your use of the Software may be governed by Additional Terms. Please carefully read any Additional Terms to determine the full extent of conditions governing the use of such Software. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE ADDITIONAL TERMS APPLICABLE TO SUCH SOFTWARE.
WARRANTIES / DISCLAIMERS / LIMITATIONS ON LIABILITY
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EITHER EXPRESS OR IMPLIED, ABOUT: (A) THE SITE; (B) THE CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE; (C) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE; (D) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS; (E) ANY PRODUCTS OR SERVICES OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. COMPANY DOES NOT WARRANT THAT THE SITE, ANY OF THE SITE’S FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
FURTHER, COMPANY AND ITS AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE AND TITLE. COMPANY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, COMPANY SPECIFICALLY DISCLAIMS SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT. COMPANY OR ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES OR OTHER REPRESENTATIVES OF EACH OF THEM SHALL NOT BE LIABLE FOR THE USE OF THE SITE INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
YOU UNDERSTAND AND AGREE THAT COMPANY FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AS SET FORTH BELOW.
NEITHER COMPANY NOR ITS AFFILIATES ARE RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, SOFTWARE, CELL PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
UNDER NO CIRCUMSTANCES SHALL COMPANY AND ITS AFFILIATES OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, ECONOMIC OR PUNITIVE DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (1) THIS SITE AND ITS CONTENT, SOFTWARE OR USER GENERATED CONTENT; (2) THE USE OF, INABILITY TO USE, OR PERFORMANCE OF THE SITE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE AND ITS CONTENT OR SOFTWARE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION, EVEN IF FORESEEABLE OR EVEN IF COMPANY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE OR THEFT OR DESTRUCTION OF THE SITE).
IN NO EVENT WILL COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANY OTHER PROVISION IN THESE TERMS, UNDER NO CIRCUMSTANCES WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU FOR ANY REASON OR ANY CAUSE OF ACTION WHATSOEVER IN AN AMOUNT GREATER THAN FIFTY DOLLARS ($50).
YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
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BY ACCESSING THIS SITE, YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE OR THE CONTENT AND WHERE USER GENERATED CONTENT OR ANY SUBMISSIONS POSTED BY YOU CAN BE VIEWED BY OTHERS.
NO PERSONAL ADVICE
This Site, (including any information provided by users) is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal or other advice. In addition to the “Disclaimer/Limitation on Liability” paragraph above, the Company Entities and Individuals make no representations or warranties and expressly disclaim any and all liability concerning any treatment or action by any person following the information offered or provided within or through the Site. If you have specific concerns or a situation in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
You agree to indemnify, defend and hold harmless the Company Entities and Individuals from and against any actual or alleged claims, demands, causes of action, investigations, settlements, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys’ and other legal fees and costs) arising out of or relating to: (1) your use of the Site; (2) your violation of these Terms, any Additional Terms or any law, rule or regulation; (3) your use of the Content; or (4) purchase made through the Shop. You will cooperate as fully and reasonably as required by Company or its Affiliates in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company. This defense and indemnification obligation will survive these Terms and your use of the Site.
THIRD PARTIES / NO ENDORSEMENT
Certain areas of the Site may allow you to conduct transactions or purchase goods or services from or through a third party or Third-Party Sites. Also, third party advertisers may offer goods, services and other materials to you on the Site and we may also provide hyperlinks to Third Party Sites. Your correspondence and business dealings with third parties on or through the Site including, without limitation, the payment and delivery of products and services, and any terms, conditions, warranties and representations associated with such dealings, are solely between you and such third party.
You should be aware that applications provided by third parties on the Site or that link to Third Party Sites might contain errors, omissions, inaccuracies, outdated information and inadequacies and that the such Third Party Sites or links may be subject to terms and conditions, which may be found in the documents and policies of third parties or Third Party Sites. We make no representations or warranties as to the completeness, accuracy, adequacy, currency or reliability of any Content and will not be liable for any lack of the foregoing.
Third parties and Third-Party Sites may have different privacy policies, terms and conditions and business practices than we do. We do not endorse, verify, make any representations, or take responsibility for the content, truthfulness, accuracy, quality or completeness of the content or activities conducted on any Third-Party Sites.
YOU AGREE THAT COMPANY AND ITS AFFILIATES WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, RESOURCES OR CONTENT AVAILABLE THROUGH ANY THIRD PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OF OR RELIANCE ON THE CONTENT, ADVERTISING, OR BUSINESS PRACTICES OF ANY THIRD PARTY.
Reference on the Site to any product, process, publication or service of any third party by trade name, domain name, trademark, trade identity, service mark, trade identity, logo, manufacturer or otherwise does not constitute or imply its endorsement or recommendation by Company or its Affiliates, nor of the third party’s endorsement or recommendation of Company or its Affiliates. Users are requested to inform Company of any errors or inappropriate material found on Third Party Sites to which this Site is or may be linked.
LINKING TO THE SITE
If you establish or maintain a link to this Site, such link must go directly to the home page, and the link must be in plain text, unless otherwise pre-approved in writing by Company. The link to this Site must not damage, dilute or tarnish the goodwill associated with any Company names or any other Company intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Company or its Affiliates. You may not “frame” or create a border around this Site or alter its intellectual property or Content in any way. You may not establish or maintain a link to the Site from a site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts, that contains expressions of racism, that is libelous, defamatory, scandalous, or inflammatory or is otherwise inappropriate (in Company’s sole discretion). Company reserves the right, in its sole discretion, to terminate a link with any web site that it deems inappropriate or inconsistent with this Site or these Terms.
LOCATION / JURISDICTION
Company operates this Site in the United States. Information contained on this Site may not be appropriate or available for use in other locations, and access to this Site where the Content of the Site may be illegal is prohibited. If you access this Site from other locations, you do so on your own initiative and you are solely responsible for compliance with applicable laws. These Terms will be construed and enforced in accordance with the laws of the State of New York, without regard to its conflicts of law principles, and specifically will not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. Any cause of action filed by you with respect to the Terms any Additional Terms or your use of this Site must be filed in the County of New York, City of New York, State of New York. You hereby consent and submit to the exclusive jurisdiction and venue of the courts located in the County of New York, City of New York, State of New York for any cause of action arising under these Terms or related to the Site and you hereby agree to waive all objections to such venue on grounds of forum non conveniens.
NON-UNITED STATES RESIDENTS
Company makes no representation that the Site or any Content, Software or other materials offer through the Site, including merchandise offered for sale on the Site and their copyrights, trademarks, patents and licensing arrangements, are appropriate or available for use in locations other than the United States. No software from this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.
FILTERING / PARENTAL CONTROLS
Pursuant to 47 U.S.C. Section 230(d), as amended, Company hereby notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at: http://www.internet-filters.net/ Please note that Company does not endorse any of the products or services listed at such site.
You understand and agree that Company will determine your compliance with these Terms or any Additional Terms in its sole discretion. Company reserves the right to deny access to all or part of the Site to any person or entity in its sole discretion. Any violation of these Terms or any Additional Terms may be referred to law enforcement authorities. Upon termination of your user account or access to the Site, or upon demand by Company, you must destroy all materials obtained from this Site and all related documentation.
You are solely responsible for compliance with applicable laws, rules, and regulations in connection with your use of the Site, the Content and the Software, including, without limitation, those governing your transmission or use of any software or data. These Terms and any applicable Additional Terms contain the sole and entire agreement between the parties with respect to the Site, the Content, the Software and any Submissions and supersede any and all other prior written or oral agreements between the parties. You agree that these Terms and any Additional Terms will not be construed against Company by virtue of Company having drafted these Terms. If any provision of these Terms or any Additional Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms or any Additional Terms, which will remain in full force and effect. No waiver of any of these Terms or any Additional Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Company. No waiver of any term of these Terms or any Additional Terms shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under these Terms or any Additional Terms shall not constitute a waiver of such right or provision. Company reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Site following any amendment of these Terms will signify your assent to and acceptance of its revised terms. The section titles in these Terms are for your convenience only and do not have any legal or contractual effect. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
These Terms were last updated on July 27, 2023.