TRF reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Website, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Terms and applicable policies from time to time to understand the terms and conditions that apply to your use of the Website. If you do not agree to the amended terms, you must stop using the Website.
TRF controls and operates the Website from the United States. TRF makes no representation that materials on the Website are appropriate or available for use in other locations, and access to the Website from territories where its contents are illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
You agree that from time to time the Website may be inaccessible or inoperable for any reason, including, without limitation: (a) equipment malfunctions; (b) periodic maintenance procedures or repairs that TRF may undertake from time to time; or (c) causes beyond the control of TRF, whether or not foreseeable.
Copyright and Limited License
Unless otherwise indicated on the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Site Materials”) are the proprietary property of TRF and are protected by U.S. and international copyright, trademark, and other intellectual property laws. Permission is granted to access and use the Website and to display, copy, print and download the Site Materials for personal, non-commercial use only, in accordance with these Terms and the other rules and restrictions contained on the Website, provided you do not modify the Site Materials and that you retain all copyright, trademark, and other proprietary notices contained in the materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Website or the Site Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Site Materials, (d) making any derivative uses of the Website and the Site Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Site Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Site Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written consent of TRF or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded and printed materials. You also may not, without TRF’s permission, “mirror” any material contained on the Website on any other server. Any unauthorized use of any material contained on the Website may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
By using the Website, you agree that:
- you shall not post or transmit content (information, data, text, software, graphics, sound, photographs, video, messages, etc.) (“Content”) that is unlawful, harassing, libelous, defamatory, obscene, fraudulent, harmful, threatening, abusive, hateful, that violates the privacy or publicity rights of others, or are otherwise objectionable;
- you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- you shall not use the Website in any manner that could harm, infect, take over, disable, overburden, or otherwise impair any of our computer systems, including, but not limited to, the servers, networks, and other components connected to or used for the Website;
- you shall not interfere with any other party’s use of the Website, or of any of the content, information, or services provided on the Website;
- you shall not forge headers or otherwise manipulate identifiers in order to disguise or alter the origin of any content transmitted through the services or develop restricted or password-only access pages, or hidden pages or images (those not linked to/from another accessible page);
- you shall not upload, post, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- you shall not upload, post, or otherwise transmit 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;
- you shall not attempt to gain unauthorized access to any services, accounts, computer systems, or networks connected to any server used for the Website, through password mining, hacking, or any other means;
- you shall not seek to gain access to any materials or information through any means not intentionally made available by TRF;
- you shall not reproduce, duplicate, copy, download, sell, resell, or otherwise exploit the Website, or any portion hereof, for commercial purposes without TRF’s prior written consent;
- you shall not use any framing techniques to enclose any portion of the Website (including, but not limited to, images, text, page layout, and form) without TRF’s prior written consent;
- you shall not make any use of the trademarks, service marks, trade names, logos, and graphics on the Website without TRF’s prior written consent;
- you shall not use any network monitoring or discovery software to determine the Website architecture, or extract information about usage, individual identities, or users;
- you shall not collect any email addresses made available on the Website for purposes of promotions or marketing campaigns;
- you shall not distribute, on or through the Website, any advertising; promotion; solicitation for goods, services, or funds; or solicitation for others to become members of any enterprise or organization without TRF’s prior written consent; and
- you shall not use or otherwise export or re-export the Website, or any portion thereof, in violation of the export control laws and regulations of the United States of America.
If you believe that anything on the Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
- Name of Agent Designated to Receive
Notification of Claimed Infringement: Marybeth Roden
- Full Address of Designated Agent to Which Notification Should be Sent:
The Rape Foundation, 1223 Wilshire Boulevard, Suite 410, Santa Monica, CA 90403
- Telephone Number of Designated Agent: 310-451-0042
To the extent that product or service name or slogan contained in the Website are trademarked, they may not be copied, imitated or used, in whole or in part, without the prior written consent of TRF or the applicable trademark holder. You may not use any metatags or any other “hidden text” using “The Rape Foundation,” the initials of TRF, or any other name, trademark or product or service name of TRF without our prior written consent. In addition, the look and feel of the Website, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of TRF and may not be copied, imitated or used, in whole or in part, without our prior written consent. Reference to any products, services, promises or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.
Third Party Links on the Website
The Website may contain links to or may frame third party websites (“Third Party Sites”) and may contain or link to third party advertisements or other third party information, materials, communications or other content (collectively the “Third Party Content”). Such Third Party Content and Third Party Sites are not under TRF’s control, and TRF does not endorse, assume any responsibility or liability for, or make any representations or warranties regarding, the Third Party Sites, the Third Party Content or any products or services offered by any third parties on the Website or any Third Party Site. TRF does not intend links on the Website to be referrals or endorsements of the linked entities, or their products or services, and are provided for convenience only. Your use of Third Party Sites or Third Party Content, or any third party products and services is subject to the terms and conditions of the third party provider.
Sites Linking to the Website
If you would like to link another website to the Website, you may only do so if you obtain TRF’s prior written consent. Any such link may not suggest or imply TRF’s endorsement or approval of any product, position, entity, or individual, or portray TRF in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link to this Website may be revoked by TRF at any time in TRF’s sole discretion. You may not use the logo of TRF or other proprietary graphic of TRF to link to the Website without the prior written consent of TRF. Further, you may not frame the Website without TRF’s prior written consent.
The Website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than TRF, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TRF is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website.
YOUR USE OF THE WEBSITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE WEBSITE (THE “SERVICES”) IS AT YOUR OWN RISK AND ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. TRF DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE WEBSITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. TRF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS 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 TRF. TO THE FULLEST EXTENT ALLOWED BY THE LAW, TRF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.
Any comments or materials sent to TRF (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding the Website or any other products or programs of TRF (collectively “User Feedback”), shall be deemed to be non-confidential and shall become the sole property of TRF. You hereby assign all rights in the User Feedback to TRF, and TRF shall have no obligation of any kind with respect to such User Feedback. Without limiting the foregoing, TRF shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the User Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such User Feedback.
Account Information and Security
In consideration of your use of the Website, if you create any account on the Website, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Account Information”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Account Information, and any other information you provide to TRF, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Account Information and any other information you provide to TRF.
Limitation of Liability
IN NO EVENT SHALL TRF, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE WEBSITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABLE FOR ANY DIRECT, INCIDENTIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM TRF, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO TRF’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TRF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO TRF FOR ACCESS TO OR USE OF THE WEBSITE.
You agree to defend, indemnify and hold TRF, and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms and Conditions, any content you store or otherwise transmit on or through the Website, or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to the Website content, your conduct, or your violation of the rights of any third party.
Termination; Removal of User Content
Notwithstanding any of these Terms, TRF reserves the right, without notice and in its sole discretion, to discontinue the Website or any Services offered through the Website and to terminate your license to use and block your access to the Website at any time without notice. In addition, TRF reserves the right to delete, edit or modify any and all content contained in the Website and any services offered through the Website at any time without notice.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Governing Law and Jurisdiction
These Terms and your use of the Website are governed and construed in accordance with the laws of the State of California, applicable to agreements made and to be entirely performed in the State of California, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms shall be filed only in the state and federal courts located in the State of California and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.