Terms And Conditions of Use
Thank you for supporting our non-profit organization and for visiting our Websites. We apologize for the formal tone of this agreement; however, in order to serve our mission and continue bringing prevention programs, training, and state-of-the-art, comprehensive care to rape victims and sexually abused children, we must explain the terms and conditions of the contractual agreement governing your use of and access to our Websites.
Please read these Terms and Conditions carefully before viewing any of the content available on the Websites or making any donations through the Websites. We may also offer or provide links to other Websites that are governed by different terms and conditions.
This agreement may be amended by us from time to time at our sole discretion. All amendments must be in writing. Please periodically review the controlling version of the agreement. By continuing to use the Websites subsequent to us making available an amended version of the agreement, you thereby acknowledge, agree, and consent to such amendment.
Consent to Electronic Record Keeping
YOU CONSENT TO ENTERING THESE TERMS ELECTRONICALLY, AND TO STORAGE OF RECORDS RELATED TO THESE TERMS IN ELECTRONIC FORM.
Accessing the Websites
You may access portions of the Websites without submitting any information. However, in order to access some portions and features of the Websites, you will be required to provide a working email address. In the event you use our Websites over mobile devices, you hereby acknowledge that your carrier’s normal rates and fees, such as excess broadband fees, will still apply. Unless explicitly stated otherwise, any new tools or applications that alter or improve the current Websites or expand the accessibility of its content shall be included in the definition of “Websites.”
Our Intellectual Property
The Foundation and our associated logos and names are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used on or through the Websites, such as trademarks, service marks, names, or logos associated with third party organizations, are the trademarks, service marks, or logos of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Certain materials available on or through the Websites are our Works (i.e., content we own, authored, created, purchased, or licensed). Our Works may be protected by copyright, trademark, and/or other laws, and we reserve and retain all rights in our Works and the Websites. We hereby grant you a royalty-free, limited, revocable, non-sublicensable, and non-exclusive license to access our Works solely for your personal use in connection with using the Websites. You must not use any part of our copyrighted materials for commercial purposes without first obtaining a license to do so from us and our licensors. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, or publicly display the Works or any adaptations thereof unless expressly set forth herein.
Any ideas you send to us will be treated as non-confidential and non-proprietary. This means if you submit an idea you are waiving any and all rights to it and are ok with it being shared and used by us, by entities we transact with, and other organizations.
Prohibited Conduct/Representations and Warranties
You represent and warrant that you will not use the Websites to:
- Knowingly misrepresent any fact or make any false statement (including without limitation regarding your identity);
- Violate any law (including without limitation laws related to torts, contracts, export controls, intellectual property, defamation, obscenity, rights of publicity, or other rights) or encourage or provide instructions to another to do so;
- Act in a manner that negatively affects other users’ ability to use the Websites, including without limitation by: (i) transmitting 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, including by engaging in any denial of service attack or similar conduct; and/or (ii) engaging in conduct that is harmful, hateful, threatening, abusive, intimidating, violent or encouraging of violence, harassing, stalking, invasive of another’s privacy, or racially, ethnically, or otherwise objectionable;
- Communicate any content that is: (i) harmful, harassing, fraudulent, threatening, abusive, intimidating, violent, encouraging of violence, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable; (ii) is derogatory or harmful to our reputation; (iii) includes nudity or images of sexual acts; (iv) unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, pyramid schemes, sweepstakes, contests, or lotteries, or otherwise related to gambling, or any other form of unauthorized solicitation and/or (v) seeking to or discriminates against any individual based on race, gender, national origin, sexual preference, physical or mental handicap or on any other basis;
- Exceed your authorized access to any portion of the Websites;
- Collect or store personal data about anyone;
- Modify without permission any part of the Websites;
- Obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Websites;
- Exploit errors in design, features which are not documented and/or bugs to gain access that would otherwise not be available;
- Use any robot, spider, scraper, or other automated means to access the Websites for any purpose;
- Take any action that imposes, or may impose an unreasonable or disproportionately large load on our infrastructure; or
- Interfere or attempt to interfere with the proper working of the Websites or any activities conducted on the Websites, or bypass any measures we may use to prevent or restrict access to the Websites.
Making Claims of Copyright Infringement
We have adopted a policy, in compliance with the Digital Millennium Copyright Act (“DMCA”), to enable, at our sole discretion, the expeditious removal of infringing material and the termination of repeat infringer ability to post content. If you have a good faith belief that your copyright is being infringed by any content accessible on or through the Websites, please send a notice of claimed infringement, including the information listed below, to our Designated Copyright Agent at:
By mail: The Rape Foundation 1223 Wilshire Blvd. No. 410 Santa Monica, CA 90403
By email: email@example.com
To be effective, the notice of claimed infringement must include the following required contents:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity that is to be removed, or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (providing specific URLs is the best way to help us locate the Content quickly);
- Information reasonably sufficient to permit us to contact the complaining party, such as the address, telephone, fax, and/or an email address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that information provided in this legal notice may be forwarded to the person who posted the allegedly infringing content.
To leave a message for our Designated Agent by phone please call 310/451-0042
Making Other Complaints
If you believe that your rights, or the rights of a third party, are being violated in any way by any content accessible on or through the Websites, please contact us at firstname.lastname@example.org
You expressly release us from any and all liability arising from your use of any third party websites, service or content. Your dealings with or participation in promotions of advertisers found on those third party websites, including payment or delivery of goods, and any other terms, including, but not limited to warranties, are solely between you and those companies. You specifically agree that we are not responsible for any loss or damage of any sort resulting or arising from your dealings with those third party Websites and/or their advertisers.
If you have a dispute with any party who provides a website linked to on the Websites, you release us from any and all claims, demands, and damages (incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You also waive California Civil Code § 1542 which says:
“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 also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province, or local law or regulation that may govern this release, which statute, regulation, law, or principle provides in substance something similar to California Civil Code § 1542. You agree not to file any action or lawsuit inconsistent with the foregoing release.
You will indemnify and hold us harmless from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses), relating to or arising under or out of the relationship between you and us described in these Terms and Conditions, including any breach of the representations and warranties contained herein. You hereby agree that we shall have the sole right and obligation to control the legal defense against any such claims, demands, or litigation, including the right to select counsel of our choice and to compromise or settle any such claims, demands, or litigation.
Choice of Law and Venue
Unless otherwise expressly stated herein, the laws of the United States of America and the laws of the State of California, without regard to the principles of conflicts of laws, will govern these Terms and Conditions, your use of the Websites, and all matters relating to your access to, and/or use of, the Websites, including all disputes between you and us. You also agree that the Websites shall be deemed solely based in California.
Any and all disputes relating to or arising under or out of these Terms and Conditions must be brought in the state or federal courts in California. You hereby consent to jurisdiction and venue in those courts.
YOU USE THE WEBSITES AT YOUR SOLE RISK. WE PROVIDE THE WEBSITES “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM TO THE FULL EXTENT PERMITTED BY LAW ALL WARRANTIES OF ANY KIND RELATED TO THE WEBSITES AND CONTENT OBTAINED THROUGH THE WEBSITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE WEBSITES.
WE MAKE NO WARRANTY THAT (1) THE WEBSITES WILL MEET YOUR REQUIREMENTS; (2) THE WEBSITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE WEBSITES RESULTS WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH THE WEBSITES WILL MEET YOUR EXPECTATIONS; OR (5) THE WEBSITES, OUR SERVERS, OR COMMUNICATIONS SENT FROM US WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NO INFORMATION OBTAINED BY YOU FROM US OR THROUGH THE WEBSITES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Limitation of Liability
UNLESS EXPRESSLY AND SEPARATELY AGREED OTHERWISE IN A WRITING SIGNED BY US, TO THE EXTENT ALLOWED BY LAW, WE SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF THE FOLLOWING:
- DELAYING, REJECTING, OR REMOVING ANY OR ALL CONTENT AT ANY TIME FOR ANY OR NO REASON WHATSOEVER WITH OR WITHOUT NOTICE TO YOU;
- MAKING AVAILABLE CONTENT POSTED BY YOU;
- MODIFYING OR DISCONTINUING TEMPORARILY OR PERMANENTLY, THE WEBSITES (OR ANY PART THEREOF) WITH OR WITHOUT NOTICE TO YOU FOR ANY OR NO REASON WHATSOEVER;
- IMMEDIATELY TERMINATING YOUR ACCESS TO THE WEBSITES FOR ANY OR NO REASON WHATSOEVER AND WITH OR WITHOUT NOTICE TO YOU;
- THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION POSTED TO OR THROUGH THE WEBSITES; OR
- ANY LOSS OR DAMAGE OF ANY SORT INCURRED BY YOU AS A RESULT OF INTERACTIONS YOU HAVE WITH THIRD PARTIES FOUND ON OR THROUGH THE WEBSITES.
IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, STATUTORY, EXEMPLARY, EXPECTATION, SPECIAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFIT, LOSS OF GOODWILL, INTERRUPTION, LOSS OF BUSINESS INFORMATION OR ANY OTHER FINANCIAL LOSS) IN ASSOCIATION WITH ANY CLAIM, OR ANY LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING RELATING TO OR ARISING UNDER OR OUT OF THE TERMS AND CONDITIONS, EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS FOUNDED UPON CONTRACT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, TORT, NEGLIGENCE OR OTHER GROUNDS. YOU AGREE NOT TO FILE ANY LAWSUIT OR PROCEEDING INCONSISTENT WITH THE FOREGOING LIABILITY LIMITATIONS.
SOME JURISDICTIONS MAY NOT PERMIT CERTAIN LIABILITY LIMITATIONS OR WAIVERS. IF ANY COURT DETERMINES THE LAW OF SUCH A JURISDICTION APPLIES, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
These Terms and Conditions constitute the entire agreement between you and us, and govern your use of the Websites.
These Terms and Conditions supersede any prior agreements between you and us with respect to the Websites and content posted to or made available through the Websites.
We each acknowledge that, in entering into these Terms and Conditions, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
These Terms and Conditions and the rights, benefits and obligations contained herein are fully assignable by us and will be binding upon and inure to the benefit of our successors and assigns.
No party, nor any of the parties’ respective attorneys, shall be deemed the drafter of this agreement for purposes of interpreting any provision hereof in any judicial or other proceeding that may arise between the parties.
Except as otherwise expressly provided in these Terms and Conditions, there shall be no third-party beneficiaries to this agreement. For the purpose of clarity, our representatives, officers, employees, and agents are intended third-party beneficiaries.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions.
Any failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. Any waiver of any right or provision of these Terms and Conditions must be in writing.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the court should nevertheless endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
The headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
“Include,” “Includes,” “Including,” “include,” “includes,” and “including” herein mean including without limitation.