Effective Date – July 15, 2013
Welcome to the DiverseStory Project’s web site. The DiverseStory Project is a project of JimmyWin Media. All references to the “DiverseStory Project,” “we,” “us,” and “our” in these Terms also means JimmyWin Media.
We hope you enjoy our web site and the content posted here. Before you begin using the web site, it’s important that you carefully read these legal provisions.
IN ADDITION, IF YOU SUBMIT CONTENT TO BE CONSIDERED FOR USE BY THE DIVERSESTORY PROJECT, THE TERMS BELOW ALSO APPLY TO YOUR SUBMISSION.
1. Submission of User Content.
We encourage you and other users to contribute content to the DiverseStory Project and its Sites including, without limitation, videos, written stories, and photographs that share your stories of diversity, and comments on our Sites about such content (“User Content”). We ask that you submit videos, written stories and photographs to the DiverseStory Project by email (at email@example.com). While we appreciate getting all submissions, we have no obligation to post or use any User Content that is submitted for consideration by the DiverseStory Project. However, any submission of User Content (no matter how we receive it and whether we use it or not) are subject to the “Submission Guidelines” in this section 1 and the other Terms.
(b) The Sites may provide you and others with the opportunity to participate in posting comments to content, forums, blogs, social networking, social communities and other communication functionality (collectively, “User Forums”) and may provide you with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or the Sites, including, without limitation, photographs, writings, music, video, audio recordings, computer graphics, pictures, data, questions, comments, suggestions or personally identifiable information. (All such content is considered part of the User Content).
(c) You represent, warrant and agree that you either: (i) own the rights to the User Content you submit and the right to grant all of the rights and licenses in these Terms; or (ii) you have all necessary rights and licenses from the owner(s) of these rights to enter into these Terms and grant us these licenses. Among other things, this means that your User Content must not infringe the copyrights, trademarks or other intellectual property rights of any other person or entity; and if your User Content depicts people other than you, you have their permission to include them and submit that User Content to us. Upon our request, you will furnish us any documentation, substantiation or releases necessary to verify your compliance with these Terms.
(d) License to the DiverseStory Project for User Content. You retain all ownership rights in the User Content you submit to us. However, by submitting your User Content to the DiverseStory Project, you grant us the unrestricted, unconditional, non-exclusive, unlimited, worldwide, irrevocable, perpetual and royalty-free right and license to host, use, copy, distribute, reproduce, disclose, sell, re-sell, sub-license through multiple tiers, display, perform, transmit, publish, broadcast, modify, reformat, prepare derivative works of, translate, archive, store, cache or otherwise exploit in any manner whatsoever, all or any portion of your User Content for any purpose whatsoever in all formats; on or through any media, software, formula or medium and media channels now known or hereafter developed; and with any technology or devices now known or hereafter developed and to advertise, market and promote the same. Such license includes all rights and permissions to use, publish and reproduce the likeness, name and any other personal information of you and any other person depicted in the User Content that you choose to submit as a part of the User Content. You also grant each user of the Sites a non-exclusive license to access your User Content through the Sites, and to use, reproduce, distribute, display, link to and perform such User Content as permitted through the functionality of the Sites and under these Terms.
You further agree that we are free to use any ideas, concepts, know-how or techniques contained in any User Content you send to us or the Sites for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and or services using such User Content; or creating informational articles based on or advertising our products and services, and without compensation of any kind. You further perpetually and irrevocably grant us the unconditional right to use and exploit the name, persona and likeness of you and any other persons included in any User Content and in connection with any User Content, without any obligation or compensation to you or such other persons depicted in your User Content. You also grant to us the right to sub-license and authorize others to exercise any of the rights granted to us under these Terms; and each such third party will be entitled to benefit from the rights and licenses granted to us under these Terms. You further authorize us to publish your User Content in a searchable format that may be accessed by users of the Sites and the Internet. Except as prohibited by law, you waive any moral rights you may have in any User Content you submit, even if such User Content is altered or changed in a manner not agreeable to you.
(e) We reserve the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. We have no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Sites.
(f) Unless specifically requested, we do not wish to receive any confidential, proprietary, or trade secret information from you via the Sites or through any other means (such as via contact email made available on the Sites). Accordingly, if you send us any information or creative works including, without limitation, videos, written stories, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”), you grant us a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send us any Submitted Material, you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send the DiverseStory Project any Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize the DiverseStory Project to use Submitted Material as permitted by the license in this Section 1.
(h) Our Obligations Regarding User Content. You agree that we have no obligation to pre-screen, monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce our and our licensees’ licensed rights to your User Content. You further acknowledge and agree that we will not have any obligation to, but may review, monitor, display, accept or exploit any User Content and we may, in our sole discretion, delete, edit, distribute, move, block access, re-format, edit, alter, distort, remove or refuse to exploit User Content without notice or liability; provided, however, that we reserve the right to treat User Content on the Sites, or on certain portions of the Sites, as content stored at the direction of users for which we will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in our Code of Conduct when notice of such violations are directed to our attention. User Content posted may not be maintained on the Sites by us for any period of time, we may delete it at our discretion and you have no right to access or control any User Content that you provide. You agree and understand that we are not obligated to use User Content and that you will not receive any consideration or compensation for your User Content or for any exploitation of it.
(i) Your Obligations Regarding User Content. You agree that you must evaluate, and bear all risks associated with, the use of any of User Content, including, but not limited to, any reliance on the accuracy, completeness, or usefulness of User Content. As we may not pre-screen User Content, you bear legal responsibility for others’ exposure to any offensive indecent or objectionable content in User Content.
2. Ownership of Site Materials.
(a) Except for any User Content you submit, the Sites (including past, present and future versions) and all materials that are included in or are otherwise a part of the Sites, including, without limitation: graphics; layout; text; content; instructions; images; audio; videos; designs; advertising copy; trademarks; logos; domain names; trade names; service marks and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Sites; the compilation, assembly and arrangement of the materials of the Sites; and all other materials related to the Sites (collectively, the “Materials”) are owned, controlled or licensed by us, and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties. Except as expressly set forth in these Terms or otherwise expressly granted to you in writing by us, no rights (either by implication, estoppel or otherwise) are granted to you. Any and all rights to use any Materials not expressly granted to you under this Terms are hereby reserved for us, our affiliates or our licensors. Nothing contained in these Terms will affect, impair, or limit in any way our rights to exploit fully any or all of the Materials. You acknowledge and agree that you will not, directly or indirectly, contest, challenge, aid or abet in contesting or challenging the validity or ownership of the Materials, or take any action whatsoever in derogation of our rights therein, or in breach of, any terms and conditions contained in this Terms. You acknowledge and agree that you will not acquire or claim any rights in the Materials, or aid or abet anyone else in doing so.
(b) Copyright/Trademarks. The entire contents of the Sites (including the Materials) are copyrighted under the United States copyright laws and/or similar laws of other jurisdictions. Without limitation, we own a copyright in the selection, coordination, arrangement and enhancement of the Materials on the Sites. Third-party content providers own the copyright in content that is original to them (for example, you retain ownership of your User Content). Trademarks and service marks that appear on the Sites are the service and trademarks of the DiverseStory Project. Without our prior written permission, you agree not to display or use, in any manner any such marks and all goodwill associated with any use by you thereof will inure exclusively to us. The Materials may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of the DiverseStory Project, unless and except as is expressly provided in these Terms. Any unauthorized use of the Materials is prohibited. You agree to abide by any and all additional trademark and copyright notices, information or restrictions contained in any part of the Sites.
3. Your License to Use Materials On Our Site
(b) Prohibited Activities. You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Materials (except as may be a result of standard Internet browser or search engine); (b) fail to follow the instructions provided on the Sites in a “robots.txt” file or similar mechanism (to the extent that you provide standard search engine services to the public); nor will you (c) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Materials in any way for any public or commercial purpose except as specifically permitted by these Terms or by us without our prior written consent.
4. User Code of Conduct
This Code of Conduct applies to user postings of comments or in any online forum on the Sites.
Age Requirement. Online safety is of the utmost importance at the Sites. For this reason, you must be 18 years old or older to post comments on the Sites.
No Personal Information. For the safety and privacy of Site users, please do not post or solicit personal information such as phone numbers, addresses, social security numbers, last names (you may use last initials), medical, financial, license plates, email addresses or any other private information about yourself or others.
No Obscene or Hateful Language. We do not allow obscene, hateful, profane, racist, sexually explicit or otherwise objectionable language or material in any online comment sections or other online forums. Further, you may not harass, insult, defame, slander, abuse or threaten another person. We suggest you discontinue any conversation that makes you uncomfortable.
No Solicitations or Advertisements. You may not post any content for commercial purposes. Such posts add to clutter and devalue conversations. This includes advertisements for your business, the latest get-rich-quick scheme, solicitations for a charity and spam.
No Illegal Activity. You may not suggest or encourage illegal or violent activity.
Truthful and Accurate Information. Please only post content that is truthful, accurate and not misleading.
Authorized Postings. It is inappropriate to post content that infringes upon or violates the copyrights, trademarks or other intellectual property rights of any person or entity. You must have copyright ownership of all content you post or the necessary rights from the copyright owner to post such content on the Sites. By posting content, you are certifying that you have the permission of everyone who has contributed to or is incorporated in the content. You further certify that the content you post does not contain the full name, physical address, email address, telephone number or social security number of any person, including minors.
Post a Message Only Once. Good manners online mean that you don’t post the same message more than once.
All Posts Are Subject to Review. While we do not review all material posted and are under no obligation to do so, we reserve the right to accept, reject or remove any postings, including those that are off-subject, or that contain personal attacks, obscenity, vulgarity, profanity, impersonations, advertising or that violate this Code of Conduct.
User Interactions. You are solely responsible for your interaction with other users of the Sites, whether online or offline. We are not responsible or liable for the conduct of any user. Exercise common sense and your best judgment in your interactions with others, when you submit or post any information, and in all other online activities.
We reserve the right, in its sole discretion, to monitor and screen all User Content submitted to the Sites and may disregard any User Content that, in our sole discretion, violates the Code of Conduct or the Terms, or that we otherwise find objectionable.
5. Digital Millennium Copyright Act Notice and Policy
The DiverseStory Project respects the intellectual property rights of others, and prohibits users from posting, sharing, transmitting or otherwise making available any materials that infringe upon another party’s intellectual property rights. However, material may be posted on the Sites by third parties not within our control, and we are under no obligation to and do not review all content on the Sites for the inclusion of illegal or impermissible content. However, we do not permit material known by us to infringe another party’s copyright to remain on the Sites. In accordance with the Digital Millennium Copyright Act (the “DMCA”) and other applicable law, we will promptly remove or disable access to the allegedly infringing material when we receive proper notification of an alleged copyright infringement as described below. If you believe any material on the Sites infringes your copyright, you should provide us with written notice pursuant to the following instruction.
(a) To File a Notification of Infringing Content
A written notification must be made. This can be done by written letter through e-mail to our DMCA Agent, at:
Please include the following information in your notice:
- Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
- 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 us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and e-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;
- Include the following statement: “I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent or by protection of law”;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Your physical or electronic signature (i.e., “/s/ [print name]”); and
- (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to “prove” substantive claims.)
Please note: The DMCA provides that you may be liable for damages (including costs and attorneys fees) if you falsely claim that materials infringe your copyrights. We recommend contacting an attorney if you are unsure whether your content is protected by copyright laws.
DO NOT SEND ANY INQUIRIES UNRELATED TO INFRINGEMENT OF RIGHTS (E.G., REQUESTS FOR TECHNICAL ASSISTANCE OR SUBMISSIONS OF USER CONTENT, ETC.) TO THE CONTACT LISTED ABOVE. YOU WILL NOT RECEIVE A RESPONSE IF YOU SEND COMPLAINTS UNRELATED TO LEGAL MATTERS TO THAT CONTACT.
(b) To file a counter-notification
If your content has been taken down as a result of a notification by a purported copyright owner that such party’s copyright rights are infringed by your content, you may respond by sending us a DMCA counter-notification as follows:
1. List the material that was removed by the Sites’ administrators, and the location at which the material appeared before it was removed. Please identify in sufficient detail;
2. Provide your name, address, telephone number, e-mail address (if available);
3. State that you consent to the jurisdiction of U.S. Federal District Court for the judicial district in which you reside (or Los Angeles, California if your address is outside of the United States);
4. State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person;
5. State the following: “I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled”; and
6. Your physical or electronic signature (i.e., “/s/ [print name]”).
Send the written document to our designated DMCA Agent via e-mail at:
6. Your Warranties.
You represent and warrant that: (i) you are at least eighteen (18) years of age and you have the legal right and capacity to enter into these Terms in your jurisdiction and to comply with these Terms; (ii) all information you provide to us is true, accurate, complete and current; and (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all modem, telecommunications equipment, computer hardware, wireless devices and other equipment needed for access to and use of the Sites and you will be responsible for all charges related thereto.
7. Third Party Links and Content
8. Linking Policy
We grant you the revocable permission to link to the Sites; provided, however, that your web site, or any third party web sites that link to the Sites: (a) must not frame or create a browser or border environment around any of the content on the Sites or otherwise mirror any part of the Sites; (b) must not imply that the DiverseStory Project or the Sites are endorsing or sponsoring it or its products, unless we have given our prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in our sole opinion, harm the DiverseStory Project; (d) must not use any DiverseStory Project trademarks without the prior written permission from us; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in our sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Sites, you agree that you do and will continue to comply with the above linking requirements. Notwithstanding anything to the contrary contained in these Terms, we reserve the right to prohibit linking to the Sites for any reason, in our sole and absolute discretion, even if the linking complies with the requirements described above.
9. Disclaimer of Warranties
THE SITES, INCLUDING, WITHOUT LIMITATION, THE MATERIALS, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITES; (B) THE MATERIALS ON OR PROVIDED THROUGH THE SITES; (C) USER CONTENT; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITES; (E) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITES; AND/OR (F) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TRANSMITTED TO OR FROM THE DIVERSESTORY PROJECT OR VIA THE SITES. IN ADDITION, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. WE DO NOT REPRESENT OR WARRANT THAT THE SITES OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES OR OTHER MALWARE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE CONTENT OR INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITES IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. WE NOT WARRANT THAT YOUR USE OF THE SITES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND WE SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS.BY ACCESSING OR USING THE SITES, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITES.
10. Disclaimer/Limitation of Liability
(a) LIMITATIONS OF LIABILITY. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (A) THE SITES; (B) THE MATERIALS; (C) USER CONTENT, INCLUDING ANY USER CONTENT YOU SUBMIT TO THE DIVERSESTORY PROJECT, WHETHER OR NOT USED ON THE SITES; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITES; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY US OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITES; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SITES’ TECHNICAL OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, WIRELESS DEVICES, MOBILE PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITES). IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES, COUNTRIES, PROVINCES AND TERRITORIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION RELATED TO THE SITES AND YOUR SUBMISSION OF ANY USER CONTENT TO THE DIVERSESTORY PROJECT EXCEED TEN UNITED STATES DOLLARS ($10.00). YOUR ACCESS TO AND USE OF THE SITES IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITES OR ANY OF THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITES OR THE MATERIALS.
(b) WAIVER OF UNKNOWN CLAIMS. BY SUBMITTING USER CONTENT TO THE DIVERSESTORY PROJECT AND BY ACCESSING THE SITES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
You agree to defend (if requested by us indemnify and hold harmless the DiverseStory Project and its principals from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) User Content, including any User Content you submit to the DiverseStory Project whether or not used on the Sites; (b) your use of the Sites or activities in connection with the Sites; (c) your breach or anticipatory breach of these Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) any User Content submitted to the DiverseStory Project, and any other information or material transmitted through your computer or other device used to access the Sites, even if not submitted by you, that infringes, violates or misappropriates or is alleged to infringe, violate or misappropriate any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the DiverseStory Project’s use of your information or User Content. You will cooperate as fully required by us in the defense of any claim. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise and pay any and all claims, demands, proceedings, suits, actions or causes of action which are brought against them herein under the terms and provisions of this Section. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized person at the DiverseStory Project.
12. Termination and Modification.
(a) Termination. We reserve the right to terminate your access to and use of the Sites, in its sole discretion, without notice and liability, including, without limitation, if we believe your conduct fails to conform with these Terms. We also reserve the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any e-mails you send to the Sites or the DiverseStory Project. Any violation, or potential violation, of these Terms may be referred to law enforcement authorities.
(b) Modifications. We reserve the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Materials available on the Sites, without limitation, in whole or in part, including the cessation of all activities associated with the Sites, with or without notice. You agree that the DiverseStory Project will not be liable to you or to any third party for any modification, suspension or discontinuance of the Sites or any part thereof.
(c) What happens upon Termination?
Upon termination of your access to the Sites, or upon demand from the DiverseStory Project, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Sites, including links to the Sites; and (b) destroy all Materials obtained from the Sites and all related documentation.
13. Location of Sites and Territorial Restrictions
The information provided on the Sites is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject the DiverseStory Project to any registration requirement within such jurisdiction or country. We control and operate the Sites from the United States and makes no representations or warranties that the information, products or services contained on the Sites are appropriate for use or access in other locations. Anyone using or accessing the Sites from other locations does so on their own initiative and are responsible for compliance with United States’, and local laws regarding online conduct and acceptable content, if and to the extent such local laws are applicable. We reserve the right to limit the availability of the Sites and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide.
14. Governing Law, Jurisdiction.
THESE TERMS (INCLUDING THE SUBMISSION GUIDELINES IN SECTION 1) AND THE INTERPRETATION OF THESE TERMS WILL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PRINCIPLES AND SPECIFICALLY WILL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. YOU AGREE THAT JURISDICTION OVER AND VENUE IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THE SITES, THE USE OR ACCESS THEREOF, OR THESE TERMS MUST BE IN THE STATE OR FEDERAL COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA AND YOU HEREBY CONSENT AND SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION AND VENUE OF THE COURTS LOCATED IN LOS ANGELES COUNTY, CALIFORNIA FOR ANY SUCH LEGAL PROCEEDING. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
15. Updates to Terms
The reserves the right to modify or add to these Terms, at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by posting them on the Sites so that they are accessible via a link on the home page of the Sites, and that your use of the Sites after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms and any Additional Terms before using the Sites. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Sites from that point forward.
Our failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized representative of the DiverseStory Project. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. We may assign our rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without our prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against the DiverseStory Project by virtue of having drafted them.