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Terms of Use
Welcome to the Web Sites of the Take Back The Night Foundation
(the “TBTN FOUNDATION Sites”). Please review the following
terms and conditions carefully. These Terms of Use and our
Privacy Policy ("TBTN FOUNDATION
Policies") govern the use of the TBTN FOUNDATION Sites and the information,
services, products, messages, content, materials, and any other
electronic documentation accessible from
www.takebackthenight.org
or any sub-domains thereof or other web sites operated by or for
TBTN FOUNDATION ("Materials") provided to our visitors. Your
use of the TBTN FOUNDATION Sites constitutes your agreement to these
Terms of Use and the TBTN FOUNDATION Policies.
Take Back The Night Foundation (TBTN FOUNDATION) reserves the
right to change the Terms of Use at any time by reasonable notice,
including without limitation by posting revised terms on the TBTN
FOUNDATION Sites (which shall constitute reasonable notice), and
such amended terms shall be binding upon you; thus, you should consult
the most recent version of these Terms of Use each time you view
the TBTN FOUNDATION Sites.
Use of TBTN FOUNDATION Site Materials
The Materials contained on the TBTN FOUNDATION Sites, individually
and collectively, are provided for educational and informational
purposes only. TBTN FOUNDATION is not engaged in rendering
medical or psychological advice or recommendations. The Materials
are not a substitute for medical, psychological, or other health
care professional advice and treatment nor do they substitute for
consultation with qualified physicians, psychologists, psychiatrists
and other health care professionals regarding your individual health
needs. Similarly, TBTN FOUNDATION is not engaged in rendering legal
advice or recommendations. The Materials are not a substitute
for legal advice or recommendations.
You are encouraged to take note of the signature date provided at
the end of the text of documents and other Materials contained on
the TBTN FOUNDATION Sites. Ongoing advancements in scientific, medical,
health care, technology, legal and other related fields may outdate
or alter the overall usefulness and accuracy of the Materials TBTN
FOUNDATION makes available to you at any given time.
Copyrights
Individual documents, PowerPoint files, images, photos, videos and
similar resources provided on the TBTN FOUNDATION Sites for downloading
are copyrighted by TBTN FOUNDATION and may be downloaded for personal,
non-commercial use only. Permission to otherwise reprint,
copy, electronically reproduce, or utilize any document on the TBTN
FOUNDATION Sites, in part or whole, is expressly prohibited unless
prior written consent is obtained from TBTN FOUNDATION. In order
to obtain consent please contact TBTN FOUNDATION by using the contact
options available through Contact Us.
Until you have written permission, non-personal use is not authorized.
The TBTN FOUNDATION Sites and the content of the TBTN FOUNDATION
Sites, including layout, coding, software, text, illustrations,
product names, product listings and descriptions, graphic materials,
designs, photographs, videos, audio clips, podcasts, forms, surveys,
logos, slogans, program names, and the organization of the database
are protected by copyright and are owned by or licensed to TBTN
FOUNDATION and may not be reused, reprinted, electronically reproduced
or otherwise exploited in any way. Text, graphics, illustrations,
photographs, videos, images and other content that have been posted,
uploaded or otherwise submitted by users of TBTN FOUNDATION Sites
are owned by the user and licensed to TBTN FOUNDATION and may not
be reproduced, displayed, modified or distributed in any way.
TBTN FOUNDATION encourages the use of any interactive tools on
TBTN FOUNDATION Sites. You agree that in using these tools,
you will not modify their content, that you will include all copyright
notices without modification, and that you will not use them in
a manner that would imply endorsement by TBTN FOUNDATION of your
or any third party’s website, products or services. You agree
you will not use them in any way that is illegal or harmful to any
third party or would exploit, embarrass, demean, defame, diminish
or cause any harm to TBTN FOUNDATION.
Trademarks
Take Back The Night Foundation and other TBTN FOUNDATION presentation
names and logos ("TBTN FOUNDATION Marks") are trademarks or service
marks of TBTN FOUNDATION and may not be used without the prior written
consent of TBTN FOUNDATION, except that you shall have the right
and obligation to maintain the name of the Take Back The Night Foundation
as it appears in the copyright notice appearing on any and all Materials.
Creating Accounts and Communicating with
TBTN FOUNDATION
Should you register and sign up to access our portal content, take
part in events or webinars, submit photographs or videos, participate
in online discussions or message boards, or purchase products you
will be asked to create an account and provide a password.
You are responsible for maintaining the confidentiality of your
account and password and agree to accept responsibility for all
activities that occur under your account or password.
When you communicate with TBTN FOUNDATION in any way, you may not
use a false e-mail address, impersonate any person or mislead TBTN
FOUNDATION regarding the origin of your communication. TBTN
FOUNDATION takes no responsibility and assumes no liability for
any content represented by you or any third party.
Electronic Communications
Should you create an account, purchase products or contact us by
email, you are communicating with us electronically and thus you
consent to receive communications from us electronically and agree
that such communications satisfy any legal requirement that these
communications be in writing.
Online Product Catalog and Portals
TBTN FOUNDATION attempts to be as accurate as possible when describing
its products; however, TBTN FOUNDATION does not warrant that the
product descriptions or other content is accurate, complete, reliable,
current, or error-free. If you are under 18, you may use the TBTN
FOUNDATION Online Product Catalog and Portals only with the involvement
of a parent or guardian. TBTN FOUNDATION reserves the right
to refuse services, terminate accounts, or cancel orders at their
sole discretion.
Links to TBTN FOUNDATION Sites
TBTN FOUNDATION encourages you to appropriately link to TBTN FOUNDATION
Sites. You may not frame the content of TBTN FOUNDATION Sites
or use meta-tags or other “hidden text” that incorporate the TBTN
FOUNDATION name or any TBTN FOUNDATION Marks without our prior written
consent.
Links to Third Party Sites from TBTN
FOUNDATION Sites
The TBTN FOUNDATION Sites contain links to other websites that we
think may be of interest to you. The linking to such websites does
not constitute endorsement of those websites. TBTN FOUNDATION
has no control over those websites, makes no representation as to
the quality, content or accuracy of those websites, and assumes
no liability with respect to those websites or any of the content
available through those websites. Those websites are governed
by their own terms of use and privacy policies that you should review
before using them.
Social Networking, Blogs, Message Boards,
Fundraising, and User Materials
At some TBTN FOUNDATION Sites, you may be able to post, upload,
transmit ("Submit") comments, messages, text, photographs, videos
or other content and materials ("User Materials"). By submitting
such User Materials, you agree to abide by the following rules:
- You may not Submit User Materials that are libelous, defamatory,
obscene, fraudulent, harmful, threatening, abusive or hateful,
that infringe the property rights of others (including, without
limitation, another person’s copyright or trademark), violate
the privacy or publicity right of others, or that are in violation
of any law. Should you submit any User Materials, you represent
that such User Materials are unique to you or are used with
permission of the copyright holder. You retain the copyright
and other ownership rights in the User Materials. However,
by submitting the User Materials to the TBTN FOUNDATION Sites
you hereby grant to TBTN FOUNDATION a non-exclusive, perpetual,
royalty-free, worldwide, transferable license to copy, transmit,
modify, display and otherwise use the User Materials in any
and all media at the sole discretion of TBTN FOUNDATION.
- You may not Submit User Materials that contain software
viruses or other code, files or programs designed to interfere
with the functionality of the site or the ability of other visitors
to use the site as intended, or interfere in any other way with
the use and enjoyment of other visitors to the TBTN FOUNDATION
Sites;
- You may not use the TBTN FOUNDATION Sites to conduct any
activity that is illegal or that violates the rights of others;
- You may not use the TBTN FOUNDATION Sites to advertise or
sell products or services to others; and
- You may not use the TBTN FOUNDATION Sites to send "Spam."
For the purposes of this site “Spam” is defined as messages
to recipients with whom the user does not have an existing business
or personal relationship.
User Materials submitted by users to the TBTN FOUNDATION Sites
are the sole responsibility of the person who posts them and any
opinions or views expressed are those of the individual users. You
understand that you may be exposed to User Materials that may be
offensive, indecent or objectionable to you.
TBTN FOUNDATION does not control any User Materials. TBTN FOUNDATION
is not responsible for their accuracy and is not liable in any way
for such User Materials. However TBTN FOUNDATION reserves
the right , at its sole discretion, to (i) edit or delete any User
Materials submitted to or appearing on the TBTN FOUNDATION Sites,
and (ii) refuse access to the TBTN FOUNDATION Sites to any user.
Disclaimer
The TBTN FOUNDATION Sites and any content, materials, user materials,
features or products available or sold on or through the TBTN FOUNDATION
Sites are provided on an “as is” and “as available” basis, without
any warranties of any kind, either express or implied, including
warranties of title or implied warranties of merchantability or
fitness for a specific purpose. TBTN FOUNDATION does not warrant
that the service on the TBTN FOUNDATION Sites will be uninterrupted,
error-free or free of viruses, worms, “Trojan Horses” or other similar
features. TBTN FOUNDATION does not make any warranties as
to the results that may be obtained from the use of the TBTN FOUNDATION
Sites or endorse, recommend, or make any warranties as to the accuracy,
reliability of any content, information, materials, user materials,
features, services, products, or statements available on or through
the TBTN FOUNDATION Sites or through links on the TBTN FOUNDATION
Sites. The use of the TBTN FOUNDATION Sites is entirely at
your own risk.
Limitation of Liability
In no event will TBTN FOUNDATION, its directors, officers, or employees
be liable for any indirect, consequential, special, incidental or
punitive damages, whether or not TBTN FOUNDATION has been advised
of the possibility of such damages, arising out of or relating to
the use or inability to use the TBTN FOUNDATION Sites; any content
or products available or sold on or through the TBTN FOUNDATION
Sites; or any third party content or materials, including user materials,
or the defamatory, infringing, offensive or illegal conduct of any
third party.
Governing Law
These Terms of Use shall be governed by the laws of the State of
Delaware applicable to contracts made and performed there, without
regard to its conflict of laws principles, and where applicable,
the laws of the United States. You agree to submit to the exclusive
jurisdiction of the state and federal courts in the State of Delaware,
County of New Castle, and waive any jurisdictional, venue or inconvenient
forum objections to such courts.
These Terms of Use are subject to change without notice and become
effective upon posting. Please check the site periodically
for updates.
Miscellaneous
If any provision of these Terms of Use is held to be illegal, invalid,
or unenforceable, then that provision shall be fully severable from
these Terms of Use and shall not affect the legality, validity,
or enforceability of the remaining provisions of these Terms of
Use. Failure by TBTN FOUNDATION to enforce any particular term of
these Terms of Use shall not be construed as a waiver of any of
our rights hereunder. These Terms of Use have been written in the
English language and the English language shall control. These
Terms of Use, which are in English, shall be interpreted in accordance
with the commonly understood meaning of the words and phrases in
the United States of America. You waive any right that you may have
under local law to receive these Terms of Use in any language other
than English. These Terms of Use (and each supplemental agreement
referenced in or referencing these Terms of Use found on the Sites)
constitutes the entire agreement between you and TBTN FOUNDATION
with respect to the TBTN FOUNDATION Sites and TBTN FOUNDATION Services.
Effective Date: as of October
4, 2009
2009 Take Back The Night Foundation. All rights reserved.
Take Back The Night Foundation is a 501(c)3 charitable organization.
Our mission is to end sexual violence in all forms and support survivors
of sexual violence.
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