The website located at www.truth208.org (the "Site") is a copyrighted work belonging to the Truth208 ( "us," "our," and "we"). The Truth208 provides a website as part of our public service prevention program where we display content that we create, content from other media outlets or third parties, as well as teen- or other user-generated content (collectively, with all other services provided through the Site, the "Services"). Certain features of the Services or Site may be subject to additional guidelines, terms, or rules, which will be posted on the Service or Site in connection with such features.
THESE TERMS OF SERVICE ("AGREEMENT") SET FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND SERVICES. BY ACCESSING OR USING THE SITE OR SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SITE OR SERVICES.
1.1 License. Subject to the terms of this Agreement, the Truth208 grants you a non-transferable, non-exclusive, license to use the Site and Services for your personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive site or service; (d) you shall not use any automated means to access the Site or Services for any purpose without our express written permission or bypass measures we may use to prevent or restrict access to or modification of the Site or Services in any manner or form; and (e) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Site or Services shall be subject to the terms of this Agreement. All copyright and other proprietary notices on any Site or Services content must be retained on all copies thereof.
1.3 Modification. The Truth208 reserves the right, at any time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that the Truth208 will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in Section 8.
1.4 No Support or Maintenance. You acknowledge and agree that the Truth208 will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
1.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by the Truth208 or the Truth208's licensors. The provision of the Site and Services does not transfer to you or any third party any rights, title or interest in or to such intellectual property rights. The Truth208 and its licensors reserve all rights not granted in this Agreement.
2. USER CONTENT
2.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user's postings). You are solely responsible for your User Content. You assume all risks associated with use and distribution of your User Content, including any reliance on its accuracy, completeness or usefulness by others, any disclosure of your User Content that makes you or any third party personally identifiable, and any redistribution of your content to other users or websites. You hereby represent and warrant that you own or have the right to display your User Content on the Site, and that your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by the Truth208. Because you alone are responsible for your User Content (and not the Truth208), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. The Truth208 is not obligated to back up any User Content and User Content may be deleted at anytime. You are solely responsible for creating backup copies of your User Content if you desire.
2.2 License. You hereby grant, and you represent and warrant that you have the right to grant, to the Truth208 an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, modify, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site and Services. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Content Policy. In connection with our Site and Services, the Truth208 has adopted and implemented a policy respecting intellectual property and other rights that provides for the removal of any infringing or unauthorized materials and for the termination, in appropriate circumstances, of users of our online Site and Services who are repeat infringers of intellectual property rights or who repeatedly submit unauthorized content.
2.4 Acceptable Use Policy. The following sets forth Truth208's "Acceptable Use Policy":
(a) You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to use the Site or Services to: (i) upload, transmit, or distribute any computer viruses, worms, or any software intended to access, damage, or alter a computer system or data; (ii) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their informed consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site or Services or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site or Services, other computer systems or networks connected to or used together with the Site or Services, through password mining or other means; (vi) harass or interfere with another user's use and enjoyment of the Site or Services; or (vi) introduce software or automated agents or scripts to the Site or Services so as to generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Services (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
2.5 Enforcement. We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement, otherwise create liability for us or any other person, or threaten the physical safety of yourself or any other person. Such acts may include removing or modifying your User Content and/or reporting you to law enforcement authorities.
2.6 Feedback. If you provide the Truth208 any feedback or suggestions regarding the Site or Services ("Feedback"), you hereby assign to the Truth208 all rights in the Feedback and agree that the Truth208 shall have the right to use such Feedback and related information in any manner it deems appropriate. The Truth208 will treat any Feedback you provide to the Truth208 as non-confidential and non-proprietary. You agree that you will not submit to the Truth208 any information or ideas that you consider to be confidential or proprietary.
3. DONATIONS; PAYMENT TERMS.
You may make a donation online or by mail or phone to the Truth208 by following the directions on the Site. If you make a donation online, you agree to pay the amount of the gift you listed on the Site. The Truth208 will automatically bill the credit card on the date you submitted your donation online. All payments are non-refundable. You here by authorize Truth208 to bill your credit card as described above.
You agree to indemnify and hold the Truth208 (and its officers, employees, and agents) harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Services, (b) your User Content, (c) your violation of this Agreement, including any representation or warranty herein; or (d) your violation of applicable laws or regulations. The Truth208 reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of the Truth208. The Truth208 will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. THIRD PARTY SITES; OTHER USERS
5.1 Third Party Sites. The Site might contain links to third party websites and services (collectively, "Third Party Sites"). Such Third Party Sites are not under the control of the Truth208 and the Truth208 is not responsible for any Third Party Sites. The Truth208 provides these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites.
5.2 Other Users. Each Site or Service user is solely responsible for any and all of its User Content. Because we do not control all User Content, you acknowledge and agree that we are not responsible for User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of User Content, and we assume no responsibility for User Content. Your interactions with other Site or Service users are solely between you and such user. You agree that the Truth208 will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
5.3 Release. You hereby release and forever discharge us (and our affiliates, officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service users or Third Party Sites, including any Third Party Site content. IN CONNECTION WITH THE FOREGOING, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AS WELL AS THE LAW OF ANY OTHER STATE WITH SIMILAR EFFECT, WHICH STATES: "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."
THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
7. LIMITATION ON LIABILITY
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY US DOLLARS ($50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
8. TERM AND TERMINATION.
Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site or Services in violation of this Agreement. Upon termination of this Agreement, your right to access and use the Site and Services will terminate immediately. You understand that any termination of this Agreement involves deletion of your User Content associated therewith from our live databases. The Truth208 will not have any liability whatsoever to you for any termination of this Agreement, including for deletion of your User Content. Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect: Sections 1.2-1.5, 2 ¬9.
A Note to Users Outside of the United States. Your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country.
Types of Data We Collect. "Personal Data" means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
Information You Provide to Us
We may collect Personal Data from you, such as your first and last name, gender, e-mail and mailing addresses, when you submit content to the Site, including videos, audio recordings, photographs, and artwork.
When you make a donation on our Site, we will collect all information necessary to complete the transaction, including your name, credit card information, billing information and shipping information.
If you provide us feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
When you participate in one of our surveys, we may collect additional profile information.
When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information, if you contact us via e-mail regarding technical support for the Services.
If you decide to share information with a third party, we may collect your and the third party's names and e-mail addresses in order to share the information with the third party. You or the third party may contact us to request the removal of this information from our database.
We may also collect Personal Data, such as at other points in our Site that state that Personal Data is being collected.
Information Collected via Technology
To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
We also use spotlight tags to gather information regarding the date and time of your visit. A "spotlight tag" is a mechanism that allows us to track whether you have been served one of our advertisements on a third party website.
Use of Your Personal Data
General Use. In general, Personal Data you submit to us is used either to respond to requests that you make, or to aid us in serving you better. We use your Personal Data in the following ways:
identify you as a user in our system;
provide improved administration of our Site and Services;
provide the Services you request;
improve the quality of experience when you interact with our Site and Services;
send you administrative e-mail notifications, such as security or support and maintenance advisories;
respond to your inquiries related to volunteer or employment opportunities or other requests;
to make telephone calls to you, from time to time, as a part of secondary fraud protection or to solicit your feedback; and
to send newsletters, surveys, offers, and other promotional materials related to our Services and for other marketing purposes of the Truth208.
Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that make the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. The Truth208 reserves the right to use Anonymous Data for any purpose and disclose Anonymous Data to third parties in its sole discretion.
Information Disclosed to Third Party Service Providers. We may share your Personal Data with third party service providers to: provide you with the Services that we offer you through our Site, such as the creation of ads for our messaging campaign; to conduct quality assurance testing; to provide technical support; to process your credit card if you make a donation; and/or to provide other services to the Truth208. These third party service providers are required not to use your Personal Data other than to provide the services requested by the Truth208.
Your Choices Regarding Your Personal Data
Choices. We offer you choices regarding the collection, use, and sharing of your Personal Data.
We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below).
Changes to Personal Data. You may request deletion of your Personal Data by us, but please note that we may be required to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives. We may retain your information for fraud or similar purposes.
Security of Your Personal Data. The Truth208 is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while the Truth208 uses reasonable efforts to protect your Personal Data, the Truth208 cannot guarantee its absolute security.
Donation/Membership Fee Refund Policy
A tax-deductible charitable contribution made to the Truth208 cannot be cancelled or returned once it has been completed.