These Terms and Conditions of Use (“Terms”) are entered into by and between you and Authentic Voices Global, Inc.(“Authentic Voices Global”), and govern your use of and access to the websites, services and apps owned or operated by Authentic Voices Global and on which these Terms are posted or expressly referenced (“Authentic Voices Global Sites”).BY ACCESSING OR USING THE Authentic Voices Global SITES, YOU AGREE TO AND WILL BE BOUND BY THESE TERMS AND ANY ADDITIONAL TERMS. If you do not want to be bound by these Terms or policies, do not use the Authentic Voices Global Sites. IMPORTANT: These Terms include a class action waiver and resolution of disputes by arbitration instead of in court.
- Changes to Terms; Additional Terms
Authentic Voices Global shall have the right at any time and without prior notice, at its sole discretion, to revise these Terms or to impose new terms and conditions with respect to access to or use of the Authentic Voices Global Sites. Such revisions and additions shall be effective immediately upon notice thereof, which may be given by any means, including without limitation posting the revised or additional terms and conditions on the Authentic Voices Global Sites.
Some Authentic Voices Global Sites may be subject to additional or different terms, conditions, and policies, and click-through agreements that require your acceptance or official rules for a sweepstakes, contest, special offer, survey, or program (“Additional Terms”). Such Additional Terms, which are incorporated by reference into these Terms, are intended to supplement, not replace, these Terms. However, to the extent there is a conflict between any Additional Terms and these Terms, the Additional Terms will control.
These Terms are effective until terminated by Authentic Voices Global. Authentic Voices Global may terminate these Terms without notice and at any time in connection with any of the Authentic Voices Global Sites. In the event of termination, you are no longer authorized to access those Authentic Voices Global Sites. The restrictions imposed on you with respect to the Content (defined below), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms shall survive termination.
Authentic Voices Global shall also have the right without notice, for any reason and at any time to terminate some or all of the Authentic Voices Global Sites or any feature or portion thereof, or any products or services offered through them, or to terminate any individual’s right to access or use of the Authentic Voices Global Sites or any feature or portion thereof.
- Use of Site
While using the Authentic Voices Global Sites, you agree that you will not:
Upload, send, or otherwise transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on Authentic Voices Global’s or any third party’s intellectual property or other rights;
Use the services in connection with contests, pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise);
Create a false identity for the purpose of misleading others;
Upload, send or otherwise transmit any information or software that contains a virus, worm, Trojan horse, or other harmful or disruptive component;
Use the Authentic Voices Global Sites for any unlawful purpose;
Modify, adapt, frame, reverse engineer, decompile or disassemble any portion of the Authentic Voices Global Sites; or
Use any spider, robot, crawler, or other automated or manual means to retrieve, index, “scrape”, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Authentic Voices Global Sites or their contents.
- Authentic Voices Global Sites Content
The text, images, trademarks, trade names, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Authentic Voices Global on or through the Authentic Voices Global Sites, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the “Content”.
The Content may contain errors, omissions, or typographical errors or may be out of date. Authentic Voices Global may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only.
Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Authentic Voices Global or by third parties that have licensed their use to Authentic Voices Global. You may view and use the Content only for your personal information and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Authentic Voices Global does not grant to you or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Authentic Voices Global Sites, including without limitation by transferring, downloading, or otherwise copying any Content onto a hard drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms or as otherwise expressly permitted in the Content or in a writing signed by Authentic Voices Global, is strictly prohibited.
- User Contributions
The Authentic Voices Global Sites are a forum for users to share their personal stories. As such, they may contain other forums, bulletin boards, blogs, comment sections or other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “Post”) content or materials (collectively, “User Contributions”) on or through the Authentic Voices Global Sites.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you submit or Post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Authentic Voices Global Sites, you grant us and our affiliates, partners and service providers, and each of their respective licensees, successors and assigns, a non-exclusive, royalty-free, worldwide, perpetual, and non-revocable license (with sublicense and assignment rights) to use, reproduce, modify, display online and in any present or future media, create derivative works of, or to allow downloads of, and/or distribute any such User Contribution.
You represent and warrant that:
You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates, partners and service providers, and each of their respective licensees, successors and assigns.
All of your User Contributions do and will comply with these Terms.
You understand and acknowledge that you are responsible for any User Contributions you Post, submit, or contribute, and you, not Authentic Voices Global, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions Posted or otherwise submitted by you or any other user of the Authentic Voices Global Sites.
Monitoring and Enforcement; Termination
Authentic Voices Global retains the right to review User Contributions before they are posted on the Authentic Voices Global Sites to ensure that the content is consistent with the purpose of the Authentic Voices Global Sites. Authentic Voices Global may edit or revise the format of User Contributions. Authentic Voices Global does not edit or revise the substance of the User Contributions or verify their accuracy, reliability or legality and is not responsible, or liable to any third party, for the content or accuracy of any User Contributions.
Authentic Voices Global has the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Authentic Voices Global Sites or the public or could create liability for Authentic Voices Global.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Authentic Voices Global Sites.
Terminate or suspend your access to all or part of the Authentic Voices Global Sites for any or no reason, including without limitation, any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Authentic Voices Global Sites.
However, we cannot review all material before it is posted on the Authentic Voices Global Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material which is defamatory, libelous, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, gender identity or expression, or age.
Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote or assist any unlawful act.
Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
- User Contributions-Adult Content
The Authentic Voices Global Sites are a forum for users to share their personal stories, including stories from survivors of violence. Some of these stories may be difficult, upsetting and suitable only for a mature audience. Before entering the Authentic Voices Global Sites, you should be sure that you are prepared to encounter stories that contain trauma, violence, abuse, sexual violence, including violence against children, and that may upset or offend you.
- Copyright Infringement Policy
Reporting Copyright Infringement
Authentic Voices Global takes claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Authentic Voices Global Sites infringe your copyright, you may request removal of those materials from the Authentic Voices Global Sites by submitting written notification to our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Authentic Voices Global Sites, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may submit your DMCA Notice to the address below:
Attn: Lauryn Whitney
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Please be aware that if you knowingly materially misrepresent that material or activity on the Authentic Voices Global Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable access to the Authentic Voices Global Sites and/or terminate the accounts of users who are repeat infringers.
If access on the Authentic Voices Global Sites to a work that you submitted to Authentic Voices Global is disabled or the work is removed as a result of a DMCA copyright infringement notice, and you believe in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then you may send a “Counter-Notification” to the email address listed above. Your DMCA Counter-Notification should contain the following information:
a legend or subject line that says: “DMCA Counter-Notification”;
a description 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 (please include the full URL of the page(s) on the Authentic Voices Global Sites from which the material was removed or access to it disabled);
a statement under penalty of perjury that you have 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;
your full name, address, telephone number, email address, and the username of your account with us (if any);
a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for the Southern District of New York), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and your electronic or physical signature.
Receipt of DMCA Counter-Notification
If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) in not less than ten (10) and not more than fourteen (14) business days following receipt of the DMCA Counter-Notification. However, we will not do this if we first receive notice at the address above that the party who sent us the DMCA copyright infringement notice has filed a lawsuit asking a court for an order restraining the person who provided the material from engaging in infringing activity relating to the material on the Authentic Voices Global Sites. Upon our receipt of a Counter-Notification that satisfies the requirements of DMCA, we will provide a copy of the counter notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures regarding counter notification. All Counter-Notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act. In all events, you expressly agree that neither Authentic Voices Global nor any of its affiliates or their employees, officers, directors, or agents will be a party to any disputes or lawsuits regarding alleged copyright infringement. Please note you may be held liable for money damages if you materially misrepresent an activity is infringing your copyrights.
- Information for Users Outside the United States
- Disclaimer and Limitation of Liability as to the Authentic Voices Global Site, Content, and Services
Authentic Voices Global MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER WITH RESPECT TO THE Authentic Voices Global SITES OR ANY LINKED SITE OR THE CONTENT, INCLUDING THE AVAILABILITY OF ANY SITE OR THE CONTENT, INFORMATION, AND MATERIALS ON IT OR THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THAT CONTENT, INFORMATION, AND MATERIALS. Authentic Voices Global ALSO DOES NOT WARRANT OR REPRESENT THAT YOUR ACCESS TO OR USE OF THE Authentic Voices Global SITES OR ANY LINKED SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Authentic Voices Global SITES OR ANY LINKED SITE IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
WITHOUT LIMITING THE FOREGOING, THE Authentic Voices Global SITES AND ALL CONTENT PROVIDED ON OR THROUGH THE Authentic Voices Global SITES IS PROVIDED TO USERS “AS IS,” WITH NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. THE “AS IS” CONDITION OF CONTENT IS EXPRESSLY MADE A CONDITION OF ANY TRANSACTION ARISING THROUGH OR AS A RESULT OF THE Authentic Voices Global SITES. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
UNDER NO CIRCUMSTANCES SHALL Authentic Voices Global, ITS PARTNERS AND AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, WHETHER IN CONTRACT OR IN TORT, INCLUDING NEGLIGENCE, ARISING IN ANY WAY OUT OF ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE ANY OF THE Authentic Voices Global SITES OR ANY LINKED SITE OR ITS CONTENTS, INCLUDING WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, OR LOSS OF PROGRAMS OR OTHER DATA ON COMPUTER SYSTEMS OR OTHERWISE, EVEN IF Authentic Voices Global IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Authentic Voices Global, Authentic Voices Global’s affiliates and partners, and their affiliates and related entities and its and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including without limitation reasonable attorneys’ fees and court costs), arising out of or relating to your breach of these Terms, your User Contributions, or your access to or use of the Authentic Voices Global Sites. You are solely responsible for interactions with our business partners and affiliated companies and other users of Authentic Voices Global Sites. To the extent permitted by applicable law, you hereby release Authentic Voices Global from any and all claims or liability related to any product or service provided through the Authentic Voices Global Sites and any conduct, action, or inaction by a business partner or affiliated company. The foregoing indemnification obligation shall survive termination of these Terms and the operation of the Authentic Voices Global Sites or any product or service provided to you arising out of or relating to your use of the Authentic Voices Global Sites.
- DISPUTE RESOLUTION AND CLASS ACTION WAIVER
- Third-Party Content Disclaimer
Authentic Voices Global routinely contains links to external, third party websites. By providing links to other websites, Authentic Voices Global does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to Authentic Voices Global. Authentic Voices Global does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose. Visitors to the Authentic Voices Global Sites assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.
- Entire Agreement
These Terms constitute the entire agreement between the parties with respect to your access, use, and receipt of services from the Authentic Voices Global Sites and supersede all prior agreements, negotiations and discussions between you and Authentic Voices Global relating to the same. There are no third-party beneficiaries of the agreement.
No waiver by Authentic Voices Global of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any other provisions of the Terms. The headings and captions in these Terms are intended for convenience only and shall in no way affect the interpretation of the Terms.