Effective October 30th, 2013. Last Revised October 30th, 2013.
I. Your Acceptance
Users of the Site may submit textual, graphic, audio and video content (“User Submissions”). User Submissions include, without limitation, comments to pages on the Site, messages on discussion forums, and videos and audio stories posted by users. User Submissions may be reviewed by Her Fearless Heart staff prior to posting to the site. This review may result in a delay before the User Submission appears on the Her Fearless Heart site. The amount of time between the submission and review by Her Fearless Heart staff may vary. Users should not expect an immediate response, and Her Fearless Heart does not guarantee that any User Submission will be immediately reviewed.
II. General Information
This Site is an information service. We do not diagnose or treat mental health problems nor do we provide counseling services. The content on the Site is not intended to be a substitute for professional medical or mental health advice, diagnosis, or treatment. Information on this Site is generic and is not designed to take into account the specific objectives, needs and circumstances of any particular individual. Always seek the advice of your physician or other qualified health or mental health provider with any questions you may have regarding a medical or mental illness condition. Never disregard professional medical or mental health advice or delay in seeking it because of something you have read on the Site. Your use of the Site is at your own risk. We cannot guarantee that the information on the Site is accurate and up-to-date. If you think you may have a medical emergency, call your doctor or 000 immediately.
Her Fearless Heart does not recommend or endorse any specific tests, physicians, products, procedures, treatments, opinions, or other information that may be described, mentioned or discussed in any of the services, databases or pages accessible within or from the Site. Furthermore, Her Fearless Heart makes no representations concerning their efficacy, appropriateness or suitability. Please also see LIMITATION OF LIABILITY below.
IV. Limitation of Liability
YOU AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. MATERIAL ON THIS SITE COMES FROM A VARIETY OF SOURCES AND AUTHORS, INCLUDING STAFF MEMBERS, VOLUNTEERS, PARTNER ORGANIZATIONS, SUPPORTERS, YOUNG PEOPLE PARTICIPATING IN HER FEARLESS HEART’S PROGRAMS AND OTHER USERS OF THE SITE. HER FEARLESS HEART DOES NOT NECESSARILY ENDORSE VIEWS EXPRESSED ON THE SITE.
IN NO EVENT WILL HER FEARLESS HEART OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING ANY CONTENT OR SERVICES CONTAINED ON THE SITE, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS, BE LIABLE FOR (A) ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO (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 THE SITE , (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) THE USE OF OR INABILITY TO USE THE SITE, (V) THE BREACH OF ANY REPRESENTATION OR WARRANTY, (VI) YOUR USE OF THE SITE ON ANY BROWSER OWNED OR OPERATED BY ANY PARTY, (VII) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY, IN CONNECTION WITH THE SITE AND/OR (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR 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 SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THE SITE, WHETHER OR NOT HER FEARLESS HEART IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
V. Site Access
In order to use or access some features of the Site or subscribe to the Site, you may be required to provide a username, password or your email address. You agree to choose a username that is not your actual name and is not in any other way self-identifying. You agree to take all reasonable steps to keep your username and password secure so that it is not copied or used by another person. You must immediately notify Her Fearless Heart if you become aware that another person has used your username or password. Upon receipt of notification of use by another person, we will deactivate your user name and password, and request that you create a new user name and password.
VI. User Submissions
Users of the Site may submit textual, graphic, audio and video content (“User Submissions”). User Submissions include, without limitation, comments to pages on the Site, messages on discussion forums, and videos and audio stories posted by users.
You agree you will not submit, post or upload any material to the Site that that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Her Fearless Heart all of the license rights granted herein.
You agree that you will not submit, post or upload any material to the Site that incites other users to commit self-harm or harm against others.
You agree that you will not submit, post or upload any material to the Site that:
1. is inappropriate, offensive or contrary to any applicable laws or standards. This includes, without limitation, material which:
is obscene or indecent, depicts violence, sexual activity, or pornography; or contains instructions in crime or drug use; or
defames, harasses, menaces, threatens, abuses, offends, bullies or embarrasses any person;
2. infringes the copyright, moral rights, confidentiality rights or intellectual property rights of any person, for example, by reproducing songs, poems, articles, logos, trade marks, pictures, photos, music or other material that is not owned by you (or which you do not have a license to reproduce on the Site);
3. infringes any of our rights or the rights of any third person including privacy rights;
4. breaches applicable local, national, or international laws, regulations, standards or codes as enacted, modified or updated from time to time;
5. impersonates any person or suggests a connection to a group or organization which is misleading;
6. advocates the use of force or violence towards any person;
7. encourages, endorses, approves or recommends the performance of dangerous or illegal acts; or
8. contains a virus or other code that has harmful or destructive properties.
VII. Third party links and material
HER FEARLESS HEART TAKES NO RESPONSIBILITY FOR THE CONTENT OF ANY LINKED SITES, AND DOES NOT ENDORSE THE VIEWS EXPRESSED BY THE ORGANIZATIONS OR INDIVIDUALS RESPONSIBLE FOR SUCH LINKED SITES. TO THE EXTENT PERMITTED BY LAW, HER FEARLESS HEART EXCLUDES ALL LIABILITY (INCLUDING FOR NEGLIGENCE) FOR ANY LOSS, COST, EXPENSE OR DAMAGE ARISING OUT OF YOUR USE OF THIRD PARTY SITES.
Other sites may only link to the Site with Her Fearless Heart’s prior written consent. Any site that links to this Site must not:
replicate this Site’s content;
imply any endorsement by Her Fearless Heart;
present misleading information about Her Fearless Heart’s goods and services; or
use Her Fearless Heart’s name or logos without our prior written consent.
This Site may contain material supplied by third parties. Any opinions, advice, statements, services, offers or other information contained in third party material is the responsibility of the respective authors or providers of that third party material. Her Fearless Heart is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions or other third party material. You further understand and acknowledge that you may be exposed to User Submissions 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 Her Fearless Heart with respect thereto, and agree to indemnify and hold Her Fearless Heart, its affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
Her Fearless Heart does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Her Fearless Heart expressly disclaims any and all liability in connection with User Submissions.
VIII. Intellectual property
Her Fearless Heart owns or licenses all intellectual property rights in the Site and in the materials on the Site, including without limitation the text, software, scripts, graphics, photos, sounds, music, icons, images, videos, audio clips, designs, interfaces, layout, interactive features and the like, and the trademarks, service marks and logos contained therein. Unless stated otherwise, all content offered on or through the Site are Copyright © Her Fearless Heart. Her Fearless Heart reserves all rights not expressly granted in and to the Site and its content. In some cases the copyright for text or images on this Site may be held by an entity other than Her Fearless Heart. All rights are reserved on such material and permission to use it must be requested from the copyright owner. The source of any such material will be indicated on the relevant sections of the Site.
Except as provided below, you must not use, download, print, copy, display, broadcast, reproduce, publish, transmit, license, sell, distribute or otherwise exploit any material from the Site in whole or in part for any other purpose without Her Fearless Heart’s prior written consent. You may reproduce, or save as an electronic copy, the materials (excluding the Her Fearless Heart logo and User Submissions) on this Site only for non-commercial or educational purposes, provided:
the content is not changed, amended, varied or reworked in whole or in part;
the source of the content is appropriately acknowledged; and
you acknowledge that Her Fearless Heart and/or third-party content providers remain the owners of all content posted on the Site, and that you do not acquire any of those ownership rights by reproducing such content for non-commercial or educational purposes.
You agree to not engage in the use, copying, or distribution of any of the content of the Site other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Site for any purpose.
You may not download, copy or use the Her Fearless Heart logo and any other marks or logos appearing on the Site for any purpose without the permission of Her Fearless Heart.
Please contact firstname.lastname@example.org for any further information about using content from the Site.
X. Governing law
XII. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age (or the applicable age of majority in your state of residence, if higher than 18), or an emancipated minor, or possess legal parental or guardian consent to use this Site, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
In any case, you affirm that you are over the age of 13, as the Site is not intended for children under 13. If you are under 13 years of age, please do not use the Site.
XIII. General terms
Her Fearless Heart may give notice to you by means of a general notice on the Site. You may give notice to Her Fearless Heart by electronic mail to email@example.com.