Effective Date: May 28, 2020
Agreement between user and betterwaycampaign.org
PLEASE READ THESE TERMS CAREFULLY, AND KEEP A COPY OF THEM FOR YOUR REFERENCE. BY USING OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU ACCEPT THE TERMS SET FORTH HEREIN. IF YOU DO NOT ACCEPT SUCH TERMS, YOU MAY NOT ACCESS THE SITE.
The Site serves as a landing page for the #BetterWay campaign, a California family violence prevention campaign, funded by the California Governor’s Office of Emergency Services and implemented by Waymakers. This website will provide: (1) information on family violence and healthy relationships, (2) information on selected violence prevention nonprofit organizations operating in California, (3) instructions and opportunity to participate in the #BetterWay YourVoice activity, where individuals may submit user-created photos and videos to the campaign, and (4) an opportunity to sign our pledge to end family violence, which subscribes you to the #BetterWay e-mail list.
You are granted a non-exclusive, non-transferable, revocable license to access and make personal use of the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Waymakers that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or the Acceptable Use Terms.
The Site, and the information, files, documents, text, graphics, logos, images, photographs, audio, and video, which it contains and any materials made available for download on the Site, as well as any software used on the Site (collectively, the “Content”), is the property of Waymakers or its licensors, as applicable. The Site and Content are protected by United States and international copyright and other laws that protect intellectual property and proprietary rights. You agree to not copy, distribute, modify, reproduce, publish, reverse engineer, exploit, make derivative works or use the Content, in whole or in part, except for purposes authorized or approved in writing by us. You agree that you do not acquire any ownership rights in the Content. All rights not expressly granted herein are reserved to us and our licensors.
You may submit photographs, videos, texts, graphics, questions, comments, suggestions, data and the like (collectively, “User Content”) through the Site, any social media platform or any of our applications. If you choose to submit User Content, you are bound to our Acceptable Use Terms. You represent and warrant that prior to providing any User Content, you are at least eighteen (18) years of age or that you have parental/guardian consent to submit such User Content, you will have all necessary rights to provide the User Content, and that the User Content will not infringe any third party rights, including any intellectual property or proprietary rights. You agree not to impersonate or misrepresent your identity or affiliation with any person or entity, including using another person’s name or likeness, in your User Content.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under United States copyright law. If you believe in good faith that materials posted on the Site infringe your copyright, you (or your agent) may send Waymakers a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
- Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works);
- Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Waymakers to locate the material on the Site;
- Your name, address, telephone number, and e-mail address (if available);
- 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Waymakers a counter-notice.
Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Site should be sent to the contact address set forth at the end of these Terms.
Visiting the Site or sending e-mails to Waymakers constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via e-mail and on the Site, satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites
The Site is controlled, operated and administered by Waymakers from our offices within the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws. You agree that you will not use Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Security and Restrictions
You agree not to violate or attempt to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs, malware or other material which is malicious or technologically harmful.
You agree not to use the Site:
- in any way that violates any applicable federal, state, local or international law or regulation;
- to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
- use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
- use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
- use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
- use any device, software or routine that interferes with the proper working of the Site;
- use the Site in violation of these Terms or the Acceptable Use Terms or
- otherwise attempt to interfere with the proper working of the Site.
You agree to indemnify, defend and hold harmless Waymakers, its officers, directors, employees, agents, affiliates and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site, any User Content, your violation of any of these Terms or the Acceptable Use Terms or your violation of any rights of a third party, your violation of any applicable laws, rules or regulations, from our removal of your User Content from the Site, our social media platforms or other marketing, promotional and advertising initiatives, or from our termination of your access to or use of the Site. Such termination will not affect either party’s rights or obligations, which accrued before the termination. Waymakers reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Waymakers in asserting any available defenses.
In the event you and Waymakers (collectively, the “parties”) are not able to resolve any dispute between them arising out of or concerning these Terms or the Acceptable Use Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by JAMS, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. Either party shall initiate arbitration under either the JAMS Streamlined or Comprehensive Arbitration Rules and Procedures (which are currently available for review at https://www.jamsadr.com/adr-rules-procedures/). The arbitrator (and not a court) shall decide all issues in any covered dispute and the arbitrator’s decisions and awards shall be final and binding, and judgment may be entered upon it in any court having jurisdiction. The parties agree that they shall share equally (each pay one-half) the fees and costs of the arbitrator and the fees and costs of arbitration charged by JAMS except as may be required by law. Each party shall bear the cost of his/her/its own legal fees and costs, including but not limited to attorneys’ fees and expert witness fees, subject to any right to recover such fees and costs under applicable law, which the arbitrator shall apply where applicable. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision shall survive the termination of these Terms and the Acceptable Use Terms.
WAYMAKERS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON THE SITE FOR ANY PURPOSE. WAYMAKERS DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND. WAYMAKERS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Waymakers reserves the right, in its sole discretion, to terminate your access to the Site or any portion thereof at any time, or remove your User Content from the Site or any of Waymakers’ social media platforms for any reason, without notice.
To the maximum extent permitted by law, these Terms and the Acceptable Use Terms are governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in Orange County, California in all disputes arising under or in connection with these Terms or the Acceptable Use Terms. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms or the Acceptable Use Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Waymakers as a result of these Terms, the Acceptable Use Terms or use of the Site.
Waymakers’ performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Waymakers’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Waymakers with respect to such use.
If any part of these Terms or the Acceptable Use Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms or the Acceptable Use Terms shall continue in effect.
You represent and warrant that you shall comply with all laws and regulations that apply to your access and use of the Site and any Site-related services, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions.
We reserve the right to seek all remedies available at law and in equity for violations of these Terms or the Acceptable Use Terms, including the right to remove any contents generated by you on the Site, block your access to the Site and block IP addresses.
No waiver by us of any term or condition set forth in these Terms or the Acceptable Use Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms or the Acceptable Use Terms shall not be construed as a waiver of any right.
Unless otherwise specified herein, these Terms and the Acceptable Use Terms constitutes the entire agreement between you and Waymakers with respect to the Site and User Content and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Waymakers with respect to the Site and User Content. A printed version of these Terms, the Acceptable Use Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and the Acceptable Use Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents, including the Acceptable Use Terms, be written in English.
Changes to Terms
Waymakers reserves the right, in its sole discretion, to change these Terms under which the Site is offered. Changes will be posted to this webpage. Waymakers encourages you to periodically review the Terms to stay informed of our updates. The Effective Date of these Terms is set forth at the top of this webpage. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The most current version of the Terms will supersede all previous versions.
Waymakers welcomes your questions or comments regarding the Terms:
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