Terms & Conditions
Welcome to the family of Web sites owned and operated by the American Coalition for Clean Coal Electricity (ACCCE). ACCCE sites include AmericasPower.org, Factuality.org, BehindthePlug.AmericasPower.org, AmericasPowerArmy.org and CleanCoalUSA.org. ACCCE and any and all entities that control, are controlled by, or are affiliated or under common control with, ACCCE are collectively referred to herein as "us," "we", “our" or “ACCCE”.
Membership in the Service is void where prohibited. This Site is intended solely for users who are eighteen (18) years of age or older and users of the Site under 18 who are currently in high school or college.
Registration Data; Account Security
In consideration of your use of the Site, you agree to: (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to ACCCE, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
Proprietary Rights in Site Content; Limited License
The Site may provide access to information provided by ACCCE, registered users, advertisers, and contributors in the form of designs, text, graphics, pictures, video, information, applications, software, music, sound and other files (the “Site Content”). The Site Content may be owned by ACCCE, it may be owned by licensors of ACCCE or it may be owned by users who have uploaded to the Site. The responsibility for any particular content element remains with the owner of that content element.
The selection and arrangement of the Site Content are the proprietary property of ACCCE with all rights reserved.
No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without ACCCE's prior written permission. ACCCE’s permission is hereby granted with respect to the following:
- Your own User Content (as defined below) that you legally post on the Site.
- ACCCE Content other the trademarks and logos of ACCCE, content marked as “non-distributable,” and content provided by advertisers and third parties, for personal or non-commercial use and provided that you retain all copyright notices intact.
- Content of other users, other than content that is clearly marked as “non-distributable,” for personal or non-commercial use.
- Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and the Site Content and to download, copy or print a copy of any portion of the Site Content to which you have properly gained access solely for your personal or non-commercial use, provided that you keep all copyright or other proprietary notices intact.
Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of ACCCE, is strictly prohibited and will terminate the rights granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes.
You acknowledge and agree that, except for non-ACCCE advertising programs offered by us on the Site, the Service and the Site are available for your personal or non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
- harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
- use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
- use automated scripts to collect information from or otherwise interact with the Service or the Site;
- upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, transmit, share, store or otherwise make available any videos other than those that are taken by you or that are original art or animation created by you;
- register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
- impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
- upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
- solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
- upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intimidate or harass another;
- upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- use or attempt to use another's account, service or system without authorization from the ACCCE, or create a false identity on the Service or the Site.
- upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of ACCCE, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose ACCCE or its users to any harm or liability of any type.
Without limiting any of the foregoing, you also agree to abide by the code of conduct applicable to the American Coalition for Clean Coal Electricity (ACCCE) Site (See Below).
User Content Posted on the Site
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, video, advertisements, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content").
You may not post, transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that ACCCE may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the ACCCE violates this Agreement or the Code of Conduct applicable to the American Coalition for Clean Coal Electricity (ACCCE) Site, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the ACCCE.
When you post User Content to the Site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Site.
By posting User Content, you agree that other users of the site may download, distribute, copy or print all or any portion of your User Content solely for the personal, non-commercial use of the other users, unless you have clearly marked your content as “non-distributable.
By posting User Content to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant to ACCCE an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire with respect to future use of your User Content, provided that ACCCE may fulfill any obligations created with respect to your content prior to the effective date of the removal of the content. Notwithstanding the foregoing, you acknowledge and agree that ACCCE may retain archived copies of your User Content. ACCCE does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
ACCCE respects the intellectual property rights of others. To that end, ACCCE prohibits users from uploading, posting or otherwise transmitting on the American Coalition for Clean Coal Electricity (ACCCE) Site or service any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy applicable to the American Coalition for Clean Coal Electricity (ACCCE) Site (See Below) we will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millenium Copyright Act (DMCA). If you believe that any material on the Site infringes upon any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see the Copyright Policy applicable to the use of the American Coalition for Clean Coal Electricity (ACCCE) Site for more information on how to report infringement of your copyright.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, ACCCE has adopted a policy of terminating, in appropriate circumstances and at ACCCE's sole discretion, members who are deemed to be repeat infringers. ACCCE may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
How to Appeal Claims of Copyright Infringement
ACCCE respects the copyrights of others, and we prohibit users from uploading, posting or otherwise transmitting on the ACCCE Web site any materials that violate another party's copyrights. Among other things, this means that we remove content that is reported to us pursuant to the DMCA.
However, while ACCCE does not tolerate copyright infringement, we also do not tolerate false claims of infringement. If you believe that content that you posted on the site was removed by mistake, you can file a DMCA counter-notice by with our Designated Agent (see, the Copyright Policy applicable to the American Coalition for Clean Coal Electricity (ACCCE) Site). So long as everything appears to be in order with your counter-notice, we will forward it to the complaining rights owner. The DMCA then allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.
Please be aware that the DMCA makes users liable for materially misrepresenting in a counter-notice that their content was removed by mistake. Therefore, if you are not confident of your claims, we suggest you seek legal advice before filing a DMCA counter-notice with us.
Third Party Web Sites and Content
The Site contains (or you may be sent through the Site or the Service) links to other Web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies do not govern your use of the Third Party Sites, Third Party Applications, Software or Content or any rights or obligations you may have with respect thereto. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
American Coalition for Clean Coal Electricity (ACCCE) Pages
American Coalition for Clean Coal Electricity (ACCCE) Pages are special profiles used solely for commercial, political, or charitable purposes. You may not set up an American Coalition for Clean Coal Electricity (ACCCE) Page on behalf of another individual or entity unless you are authorized to do so.
You are solely responsible for your interactions with other users of the American Coalition for Clean Coal Electricity (ACCCE) Site. We reserve the right, but have no obligation, to monitor disputes between you and other users.
ACCCE is not responsible or liable in any manner for any User Content or Third Party Applications, Software or Content posted on the Site or in connection with the Service, whether posted or caused by users of the Site, by American Coalition for Clean Coal Electricity (ACCCE), by third parties or by any of the equipment or programming associated with or utilized in the Site or the Service. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Applications, Software or Content. ACCCE is not responsible for the conduct, whether online or offline, of any user of the Site or Service. In addition, ACCCE is not responsible for use of user content by others, including use of user content marked, “Not For Redistribution.”
The Site and the Service may be temporarily unavailable from time to time for maintenance or other reasons. ACCCE assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. ACCCE is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any Site or combination thereof, including injury or damage to User's or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Web and/or in connection with the Service, including any Mobile Client software. Under no circumstances will ACCCE be responsible for any loss or damage, including any loss or damage to any User Content or personal injury or death, resulting from anyone's use of the Site or the Service, any User Content or Third Party Applications, Software or Content posted on or through the Site or the Service or transmitted to Users, or any interactions between users of the Site, whether online or offline.
Disclaimer of Warranty
THE SITE, THE SERVICE, ANY PLATFORM APPLICATIONS AND THE SITE CONTENT ARE PROVIDED "AS-IS" AND ACCCE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ACCCE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE AND/OR ANY PLATFORM APPLICATIONS. ACCCE DOES NOT REPRESENT OR WARRANT THAT SOFTWARE, CONTENT OR MATERIALS ON THE SITE, THE SERVICE OR ANY PLATFORM APPLICATIONS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR SERVICE ITS SERVERS, OR ANY PLATFORM APPLICATIONS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH SOFTWARE, CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT, MATERIAL, DATA OR SOFTWARE (INCLUDING ANY MOBILE CLIENT) FROM OR THROUGH THE SERVICE AND ANY PLATFORM APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.
ACCCE reserves the right to change any and all content, software and other items used or contained in the Site and any Services and Platform Applications offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by ACCCE.
Limitation on Liability
IN NO EVENT WILL ACCCE OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF ACCCE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO ACCCE FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM ACCCE, INCLUDING DIRECT DAMAGES, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
ACCCE may terminate your membership, delete your profile and any content or information that you have posted on the Site or through any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 years of age. When we are notified that a user has died, we will generally, but are not obligated to, keep the user's account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.
Governing Law; Venue and Jurisdiction
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration shall be in Washington, DC, and the allocation of costs and fees for such arbitration shall be determined in accordance with AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, ACCCE will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
You agree to indemnify and hold ACCCE, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with any User Content, any Third Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to ACCCE are non-confidential and shall become the sole property of ACCCE. ACCCE shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Definitions and Constructions
Unless otherwise specified, the terms "includes", "including", "e.g.,", "for example", and other similar terms are deemed to include the term "without limitation" immediately thereafter. Terms used in these Terms with the initial letter(s) capitalized will have the meaning attributed to them in these Terms.
Code of Conduct For Use of the American Coalition for Clean Coal Electricity (ACCCE) Site
ACCCE allows you to upload and share user generated Content, such as photographs and videos you upload from your camera, webcam or mobile phone. This means that you may post and share original photographs and video that are taken by you or are original art or animation created by you or your friends. It is not intended as a place for you to post third-party copyrighted content, such as photographs, videos, art, or articles that you did not create. In addition, we expect our users to use good judgment and respect the copyrights and other intellectual property rights of others. Therefore, in using the American Coalition for Clean Coal Electricity (ACCCE) Site, you may not:
- upload or share any photographs, videos or other Content other than original works that are created by you
- post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party
- attempt to circumvent any content filtering techniques we may employ
- upload of inappropriate Content
While we believe users should be able to express themselves and their point of view, certain kinds of speech simply do not belong in a community as established on the American Coalition for Clean Coal Electricity (ACCCE) Site. Therefore, you may not post or share Content that:
- is obscene, pornographic or sexually explicit
- depicts graphic or gratuitous violence
- makes threats of any kind or that intimidates, harasses, or bullies anyone
- advocates violence or harm to another individual or group or to property
- is derogatory, demeaning, malicious, defamatory, abusive, offensive or hateful
Unlawful or Harmful Content or Conduct
Although as an online service provider, we are not responsible for the conduct of our users, we want the American Coalition for Clean Coal Electricity (ACCCE) Site to be a safe place on the Internet. Therefore, in using American Coalition for Clean Coal Electricity (ACCCE) Site, you may not:
- violate any local, state, national or international law or post any Content that would encourage or provide instructions for a criminal offense
- impersonate any person or entity or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- use the American Coalition for Clean Coal Electricity (ACCCE) Site to send or make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation
- post or share any personally identifiable or private information of any third party
- solicit passwords or personal information from anyone, including those under 18
- post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment
- register for more than one account or use or attempt to use another's account, service or system without authorization or create a false identity on the Service or the Site
- engage in any predatory or stalking conduct
This Content Code of Conduct is subject to change at any time at ACCCE’s sole discretion.
How to Report Claims of Intellectual Property Infringement
ACCCE is committed to protecting the intellectual property of third parties. On this page, rights owners will find information regarding how to report copyright and other intellectual property infringements by users posting content on our American Coalition for Clean Coal Electricity (ACCCE) Site, and answers to some frequently asked questions regarding our policies.
How to report claims of copyright infringement by users
ACCCE complies with the Digital Millennium Copyright Act (17 U.S.C. § 512), also known as the DMCA. The DMCA provides a simple procedure for copyright owners to report content that infringes their copyrights. Please be aware that the DMCA makes copyright owners liable if they materially misrepresent that a user's content is infringing.
To report a copyright infringement by an ACCCE user, you will need to send an email to copyright@CleanCoalUSA.org. You will need to include all of the notice elements listed in the DMCA at 17 U.S.C. § 512(c)(3). Emails sent to this address will be forwarded to our Designated Agent.
How to report other claims of intellectual property infringement by users
If you wish to report other claims of intellectual property infringement (i.e. non-copyright) by an ACCCE user, send an email to copyright@CleanCoalUSA.org.
Last Updated: October 24, 2011
Use of any America’s Power website materials beyond the uses stated above must have prior written permission. Please contact Bianca Prade for permission.