A DIGITAL MEDIA AIDS QUILT FOR THE 21ST CENTURY

HIV STORY PROJECT

TERMS OF USE AND SERVICE, AND

PRIVACY AND COPYRIGHT NOTICES

 

Last Revised April 15, 2015

I. COMMUNITY GUIDELINES:

 

A.The community based nature of this website and its content is central to our purpose. The HIV STORY PROJECT prioritizes respecting the viewpoints and privacy rights of both the individuals telling their stories through this website, and the Website’s users who wish to contribute and to share their responses.  The HIV STORY PROJECT retains the right to both allow and to discontinue allowing users to provide comments and/or additions in other media forms to the Website at any time and without notice.  Please refrain from providing private or confidential information about others, or making disrespectful comments about any of the participants on this site.  Any such content will be removed at the sole discretion of the HIV STORY PROJECT and user accounts may be removed.  The HIV STORY PROJECT retains the sole and absolute right to determine if material should be removed from its Website and/or user accounts should be removed.  We ask that you read these Terms of Use and Service (referred to herein as “Terms”) and the Privacy and Copyright Notices carefully. If you have any questions, please do not hesitate to contact us at thehivstoryproject@gmail.com.

 

II. PRIVACY NOTICE:

 

All Contributors to the HIV STORY PROJECT Website and the video archives have (i) self-disclosed demographic information collected by the HIV STORY PROJECT, limited to a moniker and/or a birth year; or (ii) opted not to disclose either a moniker, a birth year, or both.  As such, the self-disclosed information is collected by the HIV STORY PROJECT and is made available by the HIV STORY PROJECT Website users for the sole purpose of searching through the archives.  The information collected will not be used by the HIV STORY PROJECT for any other purpose.

 

No other personal information is collected or retained by the HIV STORY PROJECT.

 

 

III. AGREEMENT TO THESE TERMS AND UPDATES

 

A. By accessing or using the HIV STORY PROJECT Website, you acknowledge that you have read, understand and agree to be bound by these Terms and the Privacy and Copyright Notices, which form an agreement between you and HIV STORY PROJECT that is effective as if you had signed it. YOUR ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOUR PERMISSION TO ACCESS OR USE THE WEBSITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED AND YOU MUST DISCONTINUE USE OF THE WEBSITE IMMEDIATELY.

 

B. The HIV STORY PROJECT may revise these Terms and the Privacy and Copyright Notices at any time by posting revised Terms and/or Notices on the Website, and you agree that your use of the Website after such changes will constitute your acceptance of such changes. You can determine when the Terms were last revised by referring to the “Last Revised” date under the title of the Terms. Changes to the Terms and/or Notices will not be applied retroactively.. You understand and agree that HIV STORY PROJECT may discontinue or restrict your use of the Website at any time for any reason or no reason with or without notice.

 

IV. GENERAL PERMISSIONS AND RESTRICTIONS:

 

A. In your use of the HIV STORY PROJECT Website you will comply with all applicable laws.

 

B. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the HIV STORY PROJECT Website in a manner that sends more request messages to the servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, HIV STORY PROJECT grants the operators of public search engines 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. HIV STORY PROJECT reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the HIV STORY PROJECT Website, nor to use the communication systems provided by the HIV STORY PROJECT (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the HIV STORY PROJECT Website with respect to their Content.

 

C. HIV STORY PROJECT reserves the right to discontinue any aspect of its HIV STORY PROJECT Website at any time.

 

V. YOUR USE OF CONTENT ON THE HIV STORY PROJECT WEBSITE:

 

A. In addition to the general restrictions and permissions above, the following restrictions and conditions apply specifically to your use of the content found at the HIV STORY PROJECT Website:.

 

(i) The Content on the HIV STORY PROJECT Website and the trademarks, service marks and logos (“Marks”) contained therein, are owned by or licensed to HIV STORY PROJECT and are subject to copyright and other intellectual property rights under the law.

 

(ii)  The Content on the HIV STORY PROJECT Website is provided to you AS IS, and you may access this content for your information and personal use solely as intended through the provided functionality of the HIV STORY PROJECT Website and as permitted under these Terms. Sharing content made available to users through the HIV STORY PROJECT Website is allowed only to the extent that the HIV STORY PROJECT Website provides for such sharing of the content. Otherwise, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content from the HIV STORY PROJECT Website for any purpose without the prior written consent of the HIV STORY PROJECT.  HIV STORY PROJECT reserves all rights not expressly granted in and to the content on the HIV STORY PROJECT Website.

 

(iii)  You agree not to circumvent, disable or otherwise interfere with security-related features of the HIV STORY PROJECT Website, including features that prevent or restrict use or copying of content or enforce limitations on use of the Website or the Content therein.

 

(iv)   You understand that when using the HIV STORY PROJECT Website you will be exposed to content from a variety of sources, and that HIV STORY PROJECT is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. You further understand and acknowledge that you may be exposed to content that you may find or that may be inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against HIV STORY PROJECT with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless HIV STORY PROJECT, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the HIV STORY PROJECT Website.

 

 

VI. USER CONTENT AND CONDUCT:

 

A. To the extent that you may submit content to the HIV STORY PROJECT Website, you understand that the HIV STORY PROJECT does not guarantee any confidentiality with respect to any content you submit.

 

B. You shall be solely responsible for any content that you submit and publish on the HIV STORY PROJECT Website, and you affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish any content that you submit. You further license to HIV STORY PROJECT all patent, trademark, trade secret, copyright or other proprietary rights in and to such content for publication on the HIV STORY PROJECT Website pursuant to these Terms.

 

C. For clarity, any and all individual(s) who provide content for the HIV STORY PROJECT Website retain the ownership rights to their content, however,  by submitting such content, grant the HIV STORY PROJECT a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in any media formats and through any media channels. Any and all individual(s) who provide content for the HIV STORY PROJECT Website also hereby grant each user of the HIV STORY PROJECT Website a non-exclusive license to access the content and to use and share such content as permitted through the functionality of the HIV STORY PROJECT Website and under these Terms.  The above licenses granted by any user as to the content and comments submitted to the HIV STORY PROJECT Website are perpetual and irrevocable.

 

D. As an individual who provides content for the HIV STORY PROJECT Website, you further agree that (i) any content submitted to the HIV STORY PROJECT Website will not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant the HIV STORY PROJECT all of the license rights granted herein; and (ii) you will not submit to the HIV STORY PROJECT Website any Content or other material that is contrary to the Community Guidelines set forth above, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.

 

E. HIV STORY PROJECT does not endorse any content submitted to the HIV STORY PROJECT Website by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and HIV STORY PROJECT expressly disclaims any and all liability in connection with content. The HIV STORY PROJECT does not permit copyright infringing activities and infringement of intellectual property rights on the HIV STORY PROJECT Website, and will remove all content if properly notified that such content infringes on another’s intellectual property rights. The HIV STORY PROJECT reserves the right to remove Content without prior notice.

 

VII. PERMITTED USERS AND ABILITY TO ACCEPT TERMS:

 

A. Some content on the HIV STORY PROJECT Website may contain adult language or material and be unsuitable for persons under the age of 18. If you view materials on this website, you affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. The HIV STORY PROJECT Website is not intended for children under 13. If you are under 13 years of age, you agree not to use this Website. Please talk to your parents or guardians, as there are many other great web sites that are appropriate for you.

 

B. If you are a parent or guardian and believe HIV STORY PROJECT may have inadvertently collected personal information from your child under age 18, please notify HIV STORY PROJECT immediately by sending an email to thehivstoryproject@gmail.com detailing the basis of your belief and your request.

 

VIII. DIGITAL MILLENNIUM COPYRIGHT ACT:

 

A. If you are a copyright owner or an agent thereof and believe that any content contained in this Website infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

 

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 at a single online site are covered by a single notification, a representative list of such works at that site;

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

HIV STORY PROJECT’s designated Copyright Agent to receive notifications of claimed infringement is Austin Law Group <austin@theaustinlawgroup.com>. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to HIV STORY PROJECT’s customer service through thehivstoryproject@gmail.com. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your DMCA notice may not be valid.

 

IX. WARRANTY DISCLAIMER:

 

A. BY USING THE HIV STORY PROJECT WEBSITE, YOU AGREE THAT YOUR USE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, HIV STORY PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE HIV STORY PROJECT WEBSITE AND YOUR USE THEREOF. THE HIV STORY PROJECT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT, OR THE CONTENT OF SITES THAT DISPLAY SUCH CONTENT AS A RESULT OF USER SHARING, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR CONTENT, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. THE HIV STORY PROJECT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND THE HIV STORY PROJECT WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

X. LIMITATION OF LIABILITY:

 

A. IN NO EVENT SHALL THE HIV STORY PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE’S SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

B. YOU SPECIFICALLY ACKNOWLEDGE THAT THE HIV STORY PROJECT SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

C. THE SERVICE IS CONTROLLED AND OFFERED BY THE HIV STORY PROJECT FROM ITS FACILITIES IN THE UNITED STATES OF AMERICA. THE HIV STORY PROJECT MAKES NO REPRESENTATIONS THAT THE WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE WEBSITE FROM OTHER JURISDICTIONS DO SO AT THEIR OWN VOLITION AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAW.

 

XI. INDEMNITY:

 

A. To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless the HIV STORY PROJECT, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the HIV STORY PROJECT Website; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content of the HIV STORY PROJECT Website caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the HIV STORY PROJECT Website.

 

XII. ASSIGNMENT:

 

A. These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HIV STORY PROJECT without restriction.

 

XIII. GENERAL:

 

A. You agree that: (i) the HIV STORY PROJECT shall be deemed solely based in California; and (ii) the HIV STORY PROJECT Website shall be deemed a passive website that does not give rise to personal jurisdiction over HIV STORY PROJECT, either specific or general, in jurisdictions other than California. These Terms shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and HIV STORY PROJECT that arises in whole or in part from the HIV STORY PROJECT Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California. These Terms shall constitute the entire agreement between you and HIV STORY PROJECT concerning the Website. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of this these Terms shall be deemed a further or continuing waiver of such term or any other term, and HIV STORY PROJECT’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. HIV STORY PROJECT reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the HIV STORY PROJECT Website following any amendment of these Terms will signify your assent to and acceptance of its revised terms. YOU AND HIV STORY PROJECT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE AND SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.