Terms of Use - Innocence OC

Terms of Use Agreement

Welcome to innocenceoc.org, the official platform of Innocence OC (“Innocence OC” or “our” or “we”). By using our services, which include our website and any related online or mobile applications (“Service”), you acknowledge and agree to abide by the terms outlined in this Agreement and our Privacy Policy. Should we make changes to these terms, we will inform our users accordingly. This Agreement encompasses all visitors, users, and others who access our services.

Our Service and Mission

Innocence OC operates as a nationwide organization dedicated to challenging and revisiting convictions based on the “kill zone theory.” We are deeply concerned about the disproportionate application of this theory to people of color. Our mission is to ensure equitable legal outcomes by addressing potential misapplications and biases associated with this theory, and advocating for a reformed criminal justice system that prevents such injustices in the future.

A. User Criteria

This document represents a binding contract between you and Innocence OC. You must accept these terms to use our Service. If you disagree with any term, please refrain from using the Service. The Service is only available to those legally capable of entering into contracts and in adherence to this Agreement and all relevant laws and regulations. Anyone below 13 years of age is strictly prohibited from accessing the Service. Innocence OC reserves the right to restrict access to any user previously banned from our Service.

B. Access to Innocence OC Services

Upon agreeing to this contract, you are provided a limited, non-exclusive license to use our Service for personal and non-commercial purposes, in line with our Service’s features. Innocence OC retains all rights to the Service and its content, unless stated otherwise. We may revoke this license for any reason.

For those wishing to contribute, donations to Innocence OC can be made via our Service. Once donated, the contribution is final and cannot be refunded unless executed fraudulently. In case of suspicious activities related to your payment method, please inform the concerned authority promptly. You may be requested to provide identity verification or other relevant information when donating.

C. Account Guidelines

Registering for an Innocence OC account grants access to features that we might offer periodically. If signing in via a third-party service, you authorize us to retrieve and store information permitted by that service.

You are prohibited from accessing other users’ accounts. Ensure the information provided during registration is accurate and regularly updated. Any activity on your account is your sole responsibility. We suggest using strong passwords (a mix of characters, numbers, and symbols) and informing Innocence OC of any unauthorized account access.

Your user profile settings and interactions with the Service can be managed through links provided in emails you receive. By sharing your email with Innocence OC, you agree to receive Service-related announcements, legal notifications, and other updates. You can opt out of certain emails using the ‘unsubscribe’ link, though this might restrict you from obtaining crucial Service-related updates and offers.

Conditions of Use

Innocence OC operates with a core focus on contesting convictions premised upon the “kill zone theory”, especially given its statistically disproportionate application to individuals of color. By accessing our platform, you agree to the following terms:

A. Eligibility Criteria

Users must be no less than 13 years of age.
Users previously prohibited or removed from the platform are not permitted to re-access or use the platform.

B. Service Use Licensing

Users are granted a non-transferable, limited license for personal, non-commercial utilization of the services.
Donations made through the platform are irrevocable unless there exists a demonstrable cause of fraud or misrepresentation.

C. Account Integrity and Communication

Users must maintain the confidentiality of their account credentials.
Any breach or suspected unauthorized use must be promptly reported to Innocence OC.
By providing your email address, you consent to receive periodic communication from us. Users may opt out of specific communications by selecting the ‘unsubscribe’ option.

2. User-Generated Content

The platform allows for user submissions. While we encourage active participation, there are guidelines and responsibilities attached:

A. Acceptable Use Policies

Unauthorized replication, data scraping, or undue burdening of the platform’s operational capacities is prohibited.
Transmission of spam, harmful software, or any form of intrusive data is strictly forbidden.
Any attempts to impersonate, gather unauthorized data, or breach platform security protocols will be met with strict remedial action.

B. Content Liability

Users must ensure their submissions do not harm, mislead, violate laws, or infringe upon third-party rights.
Content should be authentic, verifiable, and in adherence to intellectual property regulations.

C. Intellectual Property Protections

While user content retains the original ownership of the user, by uploading or sharing on the platform, you grant permission for its viewable and shareable use within the confines of the platform and this agreement.
All shared content must respect prevailing intellectual property laws and norms. Users must secure necessary permissions for any content that includes identifiable individuals or proprietary elements.

Your adherence to this Agreement ensures a secure and respectful environment for all users. Any violations may lead to corrective action, up to and including termination of access to the platform.

User-Generated Content Liability

Innocence OC disclaims any accountability or liability for content generated, posted, or shared by you or any other user or third-party via the platform. You bear sole responsibility for your content and its ramifications. Innocence OC merely provides a platform for distribution and is not liable for any inaccurate, inappropriate, or objectionable content you may encounter.

2. Licensing of User Content

Upon sharing or posting content on our platform, you automatically grant Innocence OC a worldwide, irrevocable, non-exclusive, royalty-free license. This license encompasses the right to use, adapt, reproduce, and distribute your content across any medium. Furthermore, other users of the platform are granted a license to access and use your content within the confines of platform functionalities and this agreement.

3. Intellectual Property

All elements of the platform, barring user-generated content, including text, logos, graphics, and other related content (collectively referred to as “Innocence OC Content”), are the exclusive property of Innocence OC. Any unauthorized replication or use is prohibited. We do not grant any rights to our intellectual property, unless explicitly stated.

4. Feedback and Innovations

If you share suggestions, ideas, or feedback regarding the platform, you agree that Innocence OC is under no obligation, fiduciary or otherwise, concerning such feedback. Innocence OC is free to use and implement such feedback without compensation or acknowledgment.

5. Charitable Contributions

A. Transaction Authorization: By making a donation, you grant us and our designated payment processors permission to store your transaction details.

B. Cancellation and Refund Policy: Account cancellations can be made at your discretion, but all donations are final and non-refundable.

C. Financial Transparency: Ensure that all monetary transaction details provided are accurate. You consent to bear any charges incurred during a transaction. You also agree to settle any taxes related to these transactions.

D. For Californian Residents: If any disputes arise, Californian users can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at the specified address.

This agreement ensures a harmonious platform experience for all stakeholders. Non-adherence can result in necessary remedial actions.

DMCA Notification

Innocence OC holds a firm commitment to upholding the rights of artists and content creators. As such, we operate in accordance with the policy of addressing alleged infringement notices that are in line with the Digital Millennium Copyright Act of 1998 (“DMCA”).

Should you believe that your copyrighted work has been copied in a manner that qualifies as copyright infringement and this content is accessible through our Service, please inform Innocence OC’s designated copyright agent as stipulated in the DMCA. To ensure the validity of your complaint under the DMCA, you must provide the following details in writing:

An electronic or physical signature from an individual authorized to represent the copyright owner.
A clear identification of the copyrighted work you believe has been infringed.
Specific details of the material that you allege is infringing and its location on the Service.
Contact details to enable Innocence OC to reach you, including address, telephone number, and email address.
A statement asserting that you possess a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, made under penalty of perjury, confirming the accuracy of the provided information and your standing as the copyright owner or an authorized representative.

Kindly submit this information to the following DMCA Agent:

Attn: DMCA Notice

Innocence OC

301 Forest Ave

Laguna Beach, CA 92649

Phone: 949-376-5730

Email: info@innocenceoc.org

Under federal law, knowingly misrepresenting that online material is infringing can lead to criminal prosecution for perjury and may result in civil penalties, including monetary damages, court costs, and attorney fees.

Please be aware that this procedure is tailored solely for notifying Innocence OC and its affiliates about alleged copyright infringements. While these prerequisites are designed to align with Innocence OC’s responsibilities under the DMCA, including 17 U.S.C. §512(c), they do not constitute legal advice. Seeking counsel from a legal professional to understand your obligations and rights under the DMCA and relevant laws is advisable.

In accordance with the DMCA and other relevant regulations, Innocence OC maintains a policy to terminate the accounts of users who are deemed to be repeat infringers. Innocence OC also reserves the right to limit or terminate the accounts of any users who infringe the intellectual property rights of others.

*Limitation of Liability**

To the broadest extent allowable by law, Innocence OC, inclusive of its affiliates, representatives, directors, employees, suppliers, or licensors, shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, or data, resulting from the use or inability to use the Service. This limitation includes damages arising from unauthorized access, use, or alteration of your transmissions or content. Innocence OC’s liability shall not exceed the greater of one hundred U.S. dollars ($100) or the amount you paid to Innocence OC.

Notwithstanding the foregoing, these limitations will not apply where prohibited by law. Certain jurisdictions don’t allow limitations on implied warranties or the exclusion or limitation of certain damages, hence some of these exclusions may not apply.

The Service is managed within the U.S. Innocence OC does not assert that the Service is appropriate or available for use outside the U.S. Those accessing the Service from outside the U.S. are responsible for compliance with local laws.

**Governing Law and Jurisdiction**

This Agreement is governed by the laws of the State of California. The Service is viewed as being based within California, not giving rise to personal jurisdiction elsewhere. Any disputes arising under this Agreement will be resolved in the state or federal courts in Orange County, California.

General Provisions

A. **Assignment:** You may not transfer or assign this Agreement. Innocence OC may assign without restriction.

B. **Notifications and Modifications:** Innocence OC may notify you by various means, including email and postings on its website. We may also update this Agreement, and continued use of the Service means you accept the updated terms.

C. **Entire Agreement:** This Agreement, and any future amendments or additional agreements you might enter with Innocence OC related to the Service, represent the full understanding between you and Innocence OC.

D. **Waiver and Severability:** The non-enforcement of any provision of this Agreement by Innocence OC doesn’t act as a waiver. If any provision is found unenforceable, the remaining provisions remain effective.

E. **Contact:** For questions about this Agreement, reach out to us at innocenceoc.org.

This Agreement was last modified on Aug 31, 2023.