The following rules govern the use by you of MyStrength.org. The rules set forth herein apply to all materials, online communication and other information that is or becomes available on MyStrength.org. BY USING MYSTRENGTH.ORG YOU SPECIFICALLY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS THERETO.
These terms and conditions regarding your use of the Site constitute a legally binding agreement ("agreement") between you and the California Coalition Against Sexual Assault. ("CALCASA", "we", "us" or "our"). In this agreement, the terms "Site" or "Web Site" includes the web site and web pages within MyStrength.org as well as any equivalent, mirror, replacement, substitute or backup web sites and web pages thereto and thereof. The Site may also contain links or references to additional rules, policies and terms which may apply to specific features or functions of the Site and when you use those features or functions, those rules, policies and terms will also apply to you and form a part of these terms and conditions, and consequently, your agreement with us.
This Site is offered and made available to users 13 years of age or older who reside in the United States of America. If you are not yet 13 years old, or do not reside in the United States, please discontinue using the Site immediately, or if, for any reason, you do not agree with all of the terms and conditions contained in this agreement, please discontinue using the Site immediately, because by using or attempting to use the Site, you are agreeing to be legally bound by this agreement.
The words "use" or "using" in this agreement, means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 2.
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this agreement. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP OF INTELLECTUAL PROPERTY
All Site design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, database, proprietary information and all copyrightable or otherwise legally protectible elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of CALCASA and its partners and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign, laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well.
The language of "My Strength Is Not For Hurting,' "Our Strength Is not For Hurting," and its derivatives, and accompanying photography are copywritten materials of Men Can Stop Rape. CALCSA uses this will permission of Men Can Stop Rape. Photography by Lotte Hansen.
The Site is to be used solely for your noncommercial and personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, print or reproduce from the Site. You shall not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party web site), or otherwise use, any Material without the express prior written consent of CALCASA or its owner if CALCASA is not the owner. Any unauthorized or prohibited use of any Material, may subject you to civil liability or criminal prosecution, or both, under applicable federal and state laws. We require users to respect our copyrights and other intellectual property rights.
4. DISCLAIMER AND LIMITATIONS OF LIABILITY
this site, and all materials, products and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the site will be available for use, or that all products, features, functions or operations will be available or perform as described. Without limiting the foregoing, CALCASA is not responsible or liable for any malicious code(including but not limited to computer viruses, trojan horses, worms etc), delays, inaccuracies, errors, or omissions arising out of your use of the site. As between you and CALCASA you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the site, including, without limitation, postings and materials associated with your use of the site.
You understand and agree that, to the fullest extent permissible by law, neither CALCASA or any partners, its or their respective officers, directors, employees, agents, licensors, representatives or suppliers shall be liable for any loss or damage, of any kind, direct or indirect, in connection with or arising from use of the site or from this agreement, including, but not limited to, compensatory, consequential, incidental, indirect, special or punitive damages.
5. HYPERLINKS TO THIRD PARTY SITES
The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of, CALCASA or any of its partners. CALCASA does not verify, endorse, or have any responsibility for any such third party sites, nor for any goods or services associated with or obtained in connection with any such site. If any third party site obtains or collects personally identifiable information from you, in no event shall CALCASA assume or have any responsibility or liability. Please read our Privacy Statement, which describes how CALCASA collects and uses your personal information.
6. LIMITATION OF DAMAGES
Under no circumstances, including negligence, shall CALCASA or its partners be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use mystrength.org, including without limitation use of or reliance on information available on mystrength.org, including interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, nondelivery of information, disclosure of communications, or any other failure of performance.
7. RELEASE AND INDEMNITY
You agree to indemnify, defend and hold CALCASA, its partners and CALCASA's and their respective officers, directors, employees, agents, licensors, representatives and suppliers, harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), resulting from any breach or violation of this agreement by you. CALCASA reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with CALCASA in the defense of any such claim, action, settlement or compromise negotiations, as requested by CALCASA.
CALCASA respects your privacy and the use and protection of the personal information (including any personal information you provide as part of the User Information you give us). Please see our Privacy Statement for important information and disclosures relating to the collection and use of your personally identifiable information in connection with your use of the Site.