Feminist Majority Foundation Online
Terms of Use Agreement

We are pleased that you are interested in the Feminist Majority Foundation Online (the “Foundation”). The following Terms of Use Agreement (the “Agreement”) governs your general access to and use of our www.feministcampus.org website and the services offered through this website (the “Service”). Please review this Agreement carefully. To signify your acceptance of the terms, conditions, and notices contained or referenced herein, please electronically sign this Agreement by clicking on the “I ACCEPT” button at the end of this document. If you have any questions or comments about this Agreement, you may contact us at webmaster@feminist.org.

Mission
The feministcampus.org community was created to strengthen pro-choice activism and leadership of campus feminists. By electronically signing this Agreement, you are stating that you support feminism and reproductive rights, and agree with the Foundation’s mission and principles, a copy which you should review by clicking here.

Copyright Rights
The Service and all software used in connection with the Service (“Software”) are protected under the copyright, trademark and other applicable intellectual property and proprietary right laws of the United States and other countries. All copyright and other proprietary rights in the Service, the Software and in any associated technology are the exclusive property of the Foundation and any third-party licensors.

You agree that you shall not, and shall not permit, assist or allow others to, reverse engineer, decompile, disassemble, re-engineer or otherwise discover or recreate or attempt to discover or recreate the Service, the Software or any associated technology. You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part, without the consent of the copyright owner. Systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from the Foundation is prohibited. Notwithstanding the foregoing, the Foundation is open to the possibility of allowing certain parties to perform such activities; provided, however, that any such party must contact the Foundation directly and participate in a discussion with the Foundation about the party’s purpose and intention in performing such activities at which time the Foundation will decide, in its sole discretion, whether to allow the party to perform such activities and under what circumstances.

The Foundation grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software.

Trademark Rights
All rights in the product names, company names, trade names, logos, product packaging and designs of all Foundation or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to the Foundation or their respective owners, and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited and nothing stated or implied on the Service confers on you any license or right under any patent or trademark of the Foundation or any third party.

Your Content
You are responsible for all of the information or material you transmit, distribute, post, communicate or store on, to or through the Service (“Content”). You warrant and represent that you own or otherwise control all of the rights to the Content, and that use of your Content by the Foundation will not infringe or violate the rights of any third party.

The Foundation does not claim ownership of any Content. However, by submitting or posting information or material on, to or through the Service, you grant to the Foundation a world-wide, royalty free, perpetual, irrevocable and non-exclusive license to use, reproduce, modify, adapt and display any such Content in connection with the Service (except Content submitted or posted via the personalized email feature, to which the Foundation does not have access). In the event the Foundation desires to use your Content for purposes not contemplated by this Agreement, you agree (upon a reasonable request made by the Foundation) to discuss the possibility of such use with the Foundation.
No compensation will be paid with respect to the use of your posted Content. The Foundation is under no obligation to maintain any posting you make and may remove any posting at any time in its sole discretion.

Modification of This Agreement
The Foundation reserves the right to amend this Agreement at any time. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Terms of Use Agreement to which you are bound. Your use of the Service after the posting of modifications to this Agreement will constitute your acceptance of this Agreement, as modified. The Foundation reserves the right to require you to electronically sign any modifications to this Agreement. If, at any time, you do not wish to accept this Agreement, you may not use the Service.

Links to Third-Party Services
The Service may contain links to other services (“Linked Services”). The Linked Services are not under the control of the Foundation and the Foundation is not responsible for the contents of the Linked Services, including, without limitation, links contained on Linked Services, or any changes or updates to Linked Services. The Foundation is providing Linked Services to you only as a convenience, and the inclusion of such Linked Services is not an endorsement by the Foundation in favor of any company or organization offering Internet services, products or services on the Linked Services.

Obligations
You are required to comply with all applicable law in connection with your use of the Service, and such further limitations as may be set forth in any written or on-screen notice from the Foundation. As a condition of your use of the Service, you warrant that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You also warrant that you will provide complete, true and accurate biographical information for purposes of membership registration, bulletin board discussion, personalized email, web building or hosting, member profiles, or any other feature of the Service and that you will maintain and promptly update such information as necessary to keep it complete, true and accurate.

Prohibited Uses Generally
Without limiting the foregoing, you agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Service that:
(a) is copyrighted, unless you are the copyright owner;
(b) reveals trade secrets, unless you own them;
(c) infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
(d) is anti-choice, anti-feminist, insulting, mocking, obscene, defamatory, threatening, harassing, abusive, hateful, slanderous, embarrassing or otherwise objectionable to any other person or entity as determined by the Foundation in its sole discretion;
(e) is sexually-explicit;
(f) constitutes advertisements or solicitations of business, promotional materials, “junk mail,” “spam,” surveys, contests, chain letters or pyramid schemes; or
(g) contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
You further agree not to:
(a) use any incomplete, false or inaccurate biographical information or other information for purposes of registering as a member of the Foundation or feministcampus.org, or participating in any other feature of the Service;
(b) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(c) delete or revise any material or other information of any other member or the Foundation;
(d) harvest or otherwise collect information about others, including phone numbers or e-mail addresses, without their consent;
(e) allow any other person or entity to use your password or user name for posting or viewing comments or sending or receiving materials; or
(f) act in a manner than negatively affects others’ ability to engage in real time exchanges.
You further agree not to violate or attempt to violate the security of the Service, including, without limitation:
(a) accessing data not intended for you;
(b) logging into an account you are not authorized to access;
(c) attempting to probe, scan or test the vulnerability of the Service; or
(d) attempting to interfere with the Service.
Violations of system or network security may result in civil or criminal liability. The Foundation will investigate occurrences that may involve such violations and may engage and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.
The Foundation reserves the right to review, edit or modify postings on the Service, to remove any postings and to terminate your ability to post any time without notice, in its sole discretion (except. any posting submitted via the personalized email feature, to which the Foundation does not have access). The Foundation also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part. For additional terms governing your use of the personalized email feature of the feministcampus.org website, please consult Everyone.net’s End-User Agreement.

Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) THE SERVICE IS PROVIDED ON AN “AS IS” BASIS. THE FOUNDATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT;
(b) THE FOUNDATION MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (iii) THE INFORMATION OR OTHER MATERIAL OBTAINED BY YOU IN THE PUBLICLY ACCESSIBLE AREAS OF THE SERVICE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED;
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL; AND
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE FOUNDATION OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

THIS SECTION 9 SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Limitation of Liability
IN NO EVENT WILL THE FOUNDATION OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICE, OR ON ANY WEBSITE LINKED TO THE SERVICE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE THE SERVICE OR ANY SITE LINKED TO THE SERVICE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ALTERATION, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE.

THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOUNDATION’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

1. Exclusion of Consequential Damages
IN NO EVENT SHALL THE FOUNDATION OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE SERVICE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, TRADING LOSSES, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE SERVICE) EVEN IF THE FOUNDATION OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

Indemnification
Upon a request by the Foundation, you agree to defend, indemnify and hold harmless the Foundation, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, from and against any and all claims, demands, losses, damages, liabilities, obligations, judgments, costs, charges and expenses, including reasonable attorneys' fees, arising out of, in connection with or based upon: (a) the Content you submit, post, transmit or make available through the Service, (b) your use of the Service, (c) your connection to the Service, (d) your violation of this Agreement; or (e) your violation of any rights of another. You shall not settle or dispose of any indemnifiable claim in a manner that would prejudice the Foundation, without the Foundation’s prior written consent. This Section 12 shall survive any termination of this Agreement.

Choice of Law and Forum
This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and the Foundation expressly agree to submit to the exclusive jurisdiction and venue of the courts in the Commonwealth of Virginia in all disputes arising out of or relating to the use of the Service.

Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Foundation and governs your use of the Service, superceding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and the Foundation. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

No Waiver
The failure of the Foundation to enforce any provisions of this Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of this Agreement or to act with respect to similar breaches.

No Professional Advice
Any information supplied by any employee or agent of the Foundation, whether by telephone, e-mail, letter, facsimile or other form of communication, is intended solely as general guidance on the use of the Service, and does not constitute legal, tax, accounting or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

Notice
Notices to you may be made via either e-mail or regular mail. If we decide to change any of these terms or conditions, we will post those changes, and the date we made those changes, here, so please check back often.

Miscellaneous
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Foundation as a result of this Agreement or your use of the Service. Nothing contained in this Agreement is in derogation of the Foundation’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by the Foundation with respect to such use. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Termination
The Foundation reserves the right, in its sole discretion, to terminate your access to all or part of the Service, with or without notice.

21. Notice and Procedure for Making Claims of Copyright Infringement

The Foundation prohibits the posting of any information that violates or infringes the copyright rights of any person or entity as well as linking to such material. If you believe that your copyright (or a copyright right you are responsible for enforcing) is infringed by any content on this website or is infringed by content to which this website links, please send a written statement to our Copyright Agent. The Foundation will remove any posted submission that infringes the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)). United States law provides significant penalties for submitting a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions and will have their Foundation membership(s) cancelled. Information about the notice and takedown process is available here.

By checking “I ACCEPT” on the join page, you electronically sign this Terms of Use and agree to be legally bound by all of the terms, conditions and notices contained or referenced herein.

Copyright 2002 The Feminist Majority Foundation. All rights reserved.