Last Updated: April 25, 2011
Introduction; Your Agreement to these Terms of Service.
Welcome to the Stigma Action Network, operated by the International Center for Research on Women (“SAN”) web site and online services (the “SAN Site”).The following Terms of Service for SAN Site is a legal contract between you, either an individual subscriber, customer, member, or user of at least 13 years of age (“You”), and SAN regarding your use of SAN Site.Visitors and users of the SAN Site are referred to individually as “User” and collectively as “Users”.
Please read carefully the following terms of service.by registering for, accessing, browsing, or using the san site, you acknowledge that you have read, understood, and agree to be bound by the following terms and conditions, including any additional guidelines and future modifications (collectively, the “terms”).
- Privacy Notice.
- Individual Features and Services.
- Modification of these Terms.
- Software and Content Downloads.
- User Postings License Grant; Representations and Warranties.
- Digital Millennium Copyright Act.
- Prohibited Conduct.
- Third-Party Sites, Products and Services; Links.
- Termination; Terms of Service Violations.
- Ownership; Proprietary Rights.
- Disclaimers; No Warranties.
- Limitation of Liability and Damages.
- Miscellaneous (including Dispute Resolution and Arbitration).
- Eligibility. The SAN Site IS not available to persons under the age of 13 or to any Users previously suspended or removed from SAN Site by SAN.By clicking the “I Agree” button or by otherwise using the SAN Site, You represent that You are at least 13 years of age and have not been previously suspended or removed from the SAN Site by SAN.
- Individual Features and Services. When using the SAN Site, You will be subject to any additional posted guidelines or rules applicable to specific services and features which may be posted from time to time (the “Guidelines”).All such Guidelines are hereby incorporated by reference into these Terms.
- Modification of these Terms. SAN reserves the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time.Please check these Terms and any Guidelines periodically for changes.Your continued use of the SAN Site after the posting of changes constitutes your binding acceptance of such changes.For any material changes to these Terms, such amended terms will automatically be effective thirty days after they are initially posted on the SAN Site.
- Software and Content Downloads. SAN and its licensors may make certain software and other content available to You for download (for a fee or otherwise) from the SAN Site.All such software or other content that You download shall be subject to the terms and conditions included with such software or content or otherwise presented to You at the time of download.
- User Postings License Grant; Representations and Warranties.
6.1 User Postings Generally. SAN may now or in the future permit the posting by You and other users of notes, written works, images and videos or other communications (collectively, “User Postings”) and the hosting, sharing, and/or publishing of such User Postings. You understand that whether or not such User Postings are published, SAN does not guarantee any confidentiality with respect to any submissions.
6.2 Limited License Grant to SAN. By submitting or distributing User Postings through the SAN Site, You hereby grant to SAN a worldwide, non-exclusive, transferable, assignable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, distribute and re-distribute, and otherwise exploit your User Postings, in whole or in part, in any media formats and through any media channels (now known or hereafter developed).
6.3 Limited License Grant to Other Users. By submitting or distributing User Postings through the SAN Site, You hereby grant to each User of the SAN Site a non-exclusive license to access and use your User Postings. The foregoing license granted by You terminates as to a specific User Posting once You remove or delete such User Posting from the SAN Site provided, however, that User’s rights to such User Posting arising out of distributions occurring on or prior to deletion of such User Posting from the SAN Site survive any termination or expiration of the license granted in this Section 6.3.
6.4 User Postings Representations and Warranties. You are solely responsible for your User Postings and the consequences of posting or publishing them. By uploading and publishing your User Postings, You affirm, represent, and warrant that:(1)You are the creator and owner of or have the necessary licenses, rights, consents, and permissions to use and to authorize SAN and SAN’s Users to use and distribute your User Postings as necessary to exercise the licenses granted by You in this Section and in the manner contemplated by SAN and these Terms of Service; (2)your User Postings do not and will not:(a)infringe, violate, or misappropriate 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 or (b)slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (3)your User Postings do not contain any viruses, adware, spyware, worms, or other malicious code. Violators of these third-party rights may be subject to criminal and civil liability.SAN reserves all rights and remedies against any User who violates thESE Terms of Service.
6.5 User Postings Disclaimer. You understand that when using the SAN Site You will be exposed to User Postings from a variety of sources, and that SAN is not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such User Postings.You further understand and acknowledge that You may be exposed to User Postings that are 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 SAN with respect thereto.SAN does not endorse any User Postings or any opinion, recommendation or advice expressed therein, and SAN expressly disclaims any and all liability in connection with User Postings.If notified by a User or a content owner of a User Posting that allegedly does not conform to these Terms of Service, SAN may investigate the allegation and determine in its sole discretion whether to remove the User Posting, which it reserves the right to do at any time and without notice.For clarity, SAN does not permit copyright infringing activities on the SAN Site.
- Digital Millennium Copyright Act. It is SAN’s policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act.For more information, please go to SAN’s DMCA Notification Guidelines.SAN will promptly terminate without notice any your access to the SAN Site if You are determined by SAN to be a “repeat infringer.”A repeat infringer is a User who has been notified by SAN of infringing activity violations more than twice and/or who has had a User Posting or any other user-submitted content removed from SAN Site more than twice. Link to DMCA Guidelines.
- Prohibited Conduct.
BY USING THE SAN Site YOU AGREE not TO:
8.1 use the SAN Site for any purposes other than to disseminate or receive original or appropriately licensed content and/or to access the SAN Site as such services are offered by SAN;
8.2 rent, lease, loan, sell, resell, sublicense, distribute or otherwise transfer the licenses granted herein or any Materials (as defined in Section 12, below);
8.3 post, upload, or distribute any defamatory, libelous, or inaccurate User Postings or other content;
8.4 post, upload, or distribute any User Postings or other content that is unlawful or that a reasonable person could deem to be objectionable, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate;
8.5 impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the SAN Site accounts of others without permission, forge another person’s digital signature, misrepresent the source, identity, or content of information transmitted via the SAN Site, or perform any other similar fraudulent activity;
8.6 delete the copyright or other proprietary rights on the SAN Site or User Postings;
8.7 make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the SAN Site.This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
8.8 use the SAN Site for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy;
8.9 defame, harass, abuse, threaten or defraud Users of the SAN Site, or collect, or attempt to collect, personal information about Users or third parties without their consent, or use the SAN Site for any commercial use, it being understood that the SAN Site is for personal, non-commercial use only;
8.10 use the SAN Site if You are under the age of 13 years old;
8.11 remove, circumvent, disable, damage or otherwise interfere with security-related features of the SAN Site or User Postings, features that prevent or restrict use or copying of any content accessible through the SAN Site, or features that enforce limitations on the use of the SAN Site or User Postings;
8.12 reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the SAN Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
8.13 modify, adapt, translate or create derivative works based upon the SAN Site or any part thereof, except and only to the extent foregoing restriction is expressly prohibited by applicable law; or
8.14 intentionally interfere with or damage operation of the SAN Site or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
- Account. When You use the SAN Site, You may be asked to provide a password.You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and You agree to accept responsibility for all activities that occur under your account or password.You agree that the information You provide to SAN on registration and at all other times will be true, accurate, current, and complete.You also agree that You will ensure that this information is kept accurate and up-to-date at all times.If You have reason to believe that your account is no longer secure (e.g., in the event of a loss, theft or unauthorized disclosure or use of your account ID, password, or any credit, debit or charge card number, if applicable), then You agree to immediately notify SAN.You may be liable for the losses incurred by SAN or others due to any unauthorized use of your SAN Site account.
- Third-Party Sites, Products and Services; Links. The SAN Site may include links or references to other web sites or services solely as a convenience to Users (“Reference Sites”).SAN does not endorse any such Reference Sites or the information, materials, products, or services contained on or accessible through Reference Sites.In addition, your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the SAN Site are solely between You and such advertiser.Access and use of Reference Sites, including the information, materials, products, and services on or available through Reference Sites is solely at your own risk.
- Termination; Terms of Service Violations.
11.1 SAN. You agree that SAN, in its sole discretion, for any or no reason, and without penalty, may terminate any account (or any part thereof) You may have with SAN or your use of the SAN Site and remove and discard all or any part of your account, User profile, and any User Postings, at any time.SAN may also in its sole discretion and at any time discontinue providing access to the SAN Site, or any part thereof, with or without notice.You agree that any termination of your access to the SAN Site or any account You may have or portion thereof may be affected without prior notice, and You agree that SAN will not be liable to You or any third party for any such termination.Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities.These remedies are in addition to any other remedies SAN may have at law or in equity.As discussed herein, SAN does not permit copyright infringing activities on the SAN Site, and will terminate access to the SAN Site, and remove all User Postings or other content submitted by any Users who are found to be repeat infringers.
11.2 You. Your only remedy with respect to any dissatisfaction with (i) the SAN Site, (ii) any term of these Terms of Service, (iii)Guidelines, (iv)any policy or practice of SAN in operating the SAN Site, or (v) any content or information transmitted through the SAN Site, is to terminate this Terms of Service and your account. You may terminate this Terms of Service at any time by deleting your account with SAN Site and discontinuing use of any and all parts of the SAN Site.
- Ownership; Proprietary Rights.The SAN Site is owned and operated by SAN.The visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), products, software, services, and all other elements of the SAN Site provided by SAN (the “Materials”) are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws.Except for any User Postings that are provided and owned by Users, all Materials contained on the SAN Site are the property of SAN or its subsidiaries or affiliated companies and/or third-party licensors.All trademarks, service marks, and trade names are proprietary to SAN or its affiliates and/or third-party licensors.Except as expressly authorized by SAN, You agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. SAN reserves all rights not expressly granted in this Terms of Service.
- Indemnification.You agree to indemnify, save, and hold SAN, its affiliated companies, contractors, employees, agents and its third-party suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including legal fees and expenses, arising out of your use or misuse of the SAN Site, any violation by You of these Terms, or any breach of the representations, warranties, and covenants made by You herein.SAN reserves the right, at your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify SAN, and You agree to cooperate with SAN’s defense of these claims.SAN will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it.
- Disclaimers; No Warranties.
14.1 No Warranties. to the fullest extent permissible pursuant to applicable law, san, and its affiliates, partners, licensors and suppliers disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights, all with regards to the site and the service.no advice or information, whether oral or written, obtained by You from SAN or through THE SAN Site will create any warranty not expressly stated herein. You expressly acknowledge that as used in this Section 14 the term SAN includes SAN’s officers, directors, employees, shareholders, agents, licensors and subcontractors.
14.2 “As is” and “As available” and “With All Faults”. you expressly agree that use of the san site is at your sole risk. san site and any data, information, third-party software, user postings, reference sites, services, or applications made available in conjunction with or through the san site are provided on an “as is” and “as available”, “with all faults” basis and without warranties or representations of any kind either express or implied.
14.3 Content. SAN, its suppliers, licensors, affiliates, and partners do not warrant that the data, user postings, functions, or any other information offered on or through the san site or any reference sites will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
14.4 Accuracy. SAN, its suppliers, licensors, affiliates, and partners do not warrant or make any representations regarding the use or the results of the use of the san site or any reference sites in terms of correctness, accuracy, reliability, or otherwise.
14.5 Harm to Your Computer. you understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the san site (including rss feeds) or any reference sites at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system) or loss of data that results from the download or use of such material or data.
- Limitation of Liability and Damages.
15.1 Limitation of Liability. Under no circumstances, including, but not limited to, negligence, will san or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation damages arising from any unsuccessful court action or legal dispute, lost business, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to these terms or that result from your use of or your inability to use the san site or any reference sites, or any other interactions with san, even if san or an san authorized representative has been advised of the possibility of such damages.applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.in such cases, san’s liability will be limited to the fullest extent permitted by applicable law.
15.2 Limitation of Damages. In no event will san or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the san site or your interaction with other san site users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing the san site during the twelve months immediately preceding the date of the claim or one hundred dollars, whichever is greater.
15.3 Reference Sites. These limitations of liability also apply with respect to damages incurred by you by reason of any products or services sold or provided on any reference sites or otherwise by third parties other than san and received through or advertised on the san site or received through any reference sites.
15.4 Basis of the Bargain. You acknowledge and agree that san has offered its products and services, set its prices, and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and san, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and san. san would not be able to provide san site to you on an economically reasonable basis without these limitations.
15.5 Limitations by Applicable Law. Some states or other jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.you may also have other rights that vary from state to state and jurisdiction to jurisdiction.
16.1 Notice. SAN may provide You with notices, including those regarding changes to these Terms of Service, by email, regular mail or postings on the SAN Site.Notice will be deemed given twenty-four hours after email is sent, unless SAN is notified that the email address is invalid.Alternatively, we may give You legal notice by mail to a postal address, if provided by You through the SAN Site.In such case, notice will be deemed given three days after the date of mailing.Notice posted on the SAN Site is deemed given 30 days following the initial posting.
16.2 Waiver. The failure of SAN to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by SAN.
16.3 Governing Law. These Terms will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or SAN will be filed only in the state or federal courts in and for Washington, D.C, and You hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
16.4 Severability. If any provision of these Terms or any Guidelines is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.
16.5 Assignment.These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by SAN without restriction. Any assignment attempted to be made in violation of this Terms of Service shall be void.
16.6 Survival. Upon termination of these Terms, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, sections 6 through 16.
16.7 Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.
16.9 Claims. you and san agree that any cause of action arising out of or related to san site must commence within one (1) year after the cause of action accrues.otherwise, such cause of action is permanently barred.
16.10 Disclosures. The SAN Site is hosted in the UK, and can be contacted at: firstname.lastname@example.org
Digital Millennium Copyright Act Notification Guidelines
Notification of Infringement
It is our policy to respond to clear notices of alleged copyright infringement. This page explains the information that must be included in these notices, as required by the Digital Millennium Copyright Act (“DMCA”). Upon receipt of a DMCA compliant notice, SAN will expeditiously remove or disable access to the content that is the subject of the notice.
If you are a copyright owner or an authorized agent thereof, and you wish to file a notice of infringement with us, then you may submit a notice by providing SAN’s Designated Copyright Agent with the following information in writing (please consult your legal counsel or See 17 U.S.C. Section 512(c)(3) to confirm these requirements):
- 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 on the SAN 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 SAN to locate the material.
- Information reasonably sufficient to permit SAN to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- 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.
- 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.
Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.
The administrator of an affected site or the provider of affected content may make a counter notification under sections 512(g)(2) and (3) of the DMCA. If you elect to send us a counter notice, to be effective it must be a written communication that includes the following (please consult your legal counsel or See 17 U.S.C. Section 512(g)(3) to confirm these requirements):
- A physical or electronic signature of the subscriber.
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- The subscriber’s name, address, and telephone number, and a statement that the subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which SAN may be found, and that the subscriber will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Designated Copyright Agent
SAN’s Designated Copyright Agent to receive notifications and counter-notifications of claimed infringement can be reached as follows:
International Center for Research for Women (ICRW)
(Secretariat of the Stigma Action Network)
Address: 1120 20th St NW, Suite 500 North, Washington, D.C. 20036
For clarity, only DMCA notices should go to SAN’s Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to SAN through email@example.com .You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
In appropriate circumstances, SAN will promptly terminate, without notice, the accounts of those determined in our sole discretion to be "repeat infringers."