Terms of Use

Last updated: June 27, 2017

  1. INTRODUCTION

Welcome to EqualMeansEqual.org. The Heroica Foundation, a California non-profit foundation, (“Heroica”, “we” or “us”) provides this site and related services (the “Website”) subject to your compliance with the terms and conditions set forth below (“Terms” or “Terms of Use”). Please read the following information carefully. By using the Website you acknowledge that you have read the following Terms and that you accept and will be bound by these Terms which constitute a binding agreement between you and Heroica.

 

Throughout this document, the words “Equal Means Equal,” “Heroica,” “us,” “we,” and “our,” refer to us, the Heroica Foundation, our website, EqualMeansEqual.org, or our services, as is appropriate in the context of the use of the words. Likewise, the words “you” and “your” refer to you, the person who is being presented with this document for your agreement.

 

  1. OUR CHANGES TO THESE TERMS OF USE

We may change these Terms of Use at any time, so we encourage you to review them periodically. We will make the most recent version of the Terms of Use available on the Website, and we will indicate at the top of the Terms the most recent date when they were modified. If you continue to use the Website after we modify the Terms of Use, your use indicates your agreement to the new Terms. Therefore, it is important that you read this page regularly to ensure you are familiar with the most updated Terms of Use. If you do not agree to the changes, you should not continue to use the Website.

  1. NOTICE TO PARENTS AND GUARDIANS

Users must be 13 years or older to subscribe to our website. Some of the content available within the Website may not be appropriate for children. Heroica will not provide content ratings or other age-related warnings on such content.

  1. PROHIBITED ACTIVITIES

In exchange for your access to the Website, you agree not to take any steps that are intended to or could damage, inhibit, or prevent operation of the Website or that could cause injury to yourself, to us, or to any third party. Without limitation, you agree not to:

  • modify, enhance, or otherwise alter in any way any portion of a Heroica (or others’) embeddable video player or its underlying technology; modify, enhance, edit or otherwise alter in any way any portion of the content streamed via (or contained on) any embeddable video player;
  • use technology or other means to access or use the Website that is not authorized by Heroica, including accessing the Website through any automated system, including “robots,” “spiders” or “offline readers” (other than public search engines for the sole purpose of, and solely to the extent necessary for, creating publicly available search indices – but not caches or archives – of the Website);
  • introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; damage, disable, overburden or impair the Website or our servers, computer network or user accounts;
  • collect information about other users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications or for any other purpose not explicitly authorized by Heroica; distribute “spam”; advertise or solicit others to purchase any product or service within the Website or otherwise use the Website for any commercial solicitation purposes;
  • use our servers, networks or other facilities for any purpose not explicitly authorized by Heroica or to interfere with or cause damage to the Website or any other service operated by us or any other party; take any other action that we, in our exclusive discretion, believe may damage or injure you, us or any third party; or
  • act in a deceptive manner by, among other things, impersonating any person; misrepresenting your affiliation with a person or entity; conducting fraud; impersonating another person or organization; harm or exploit minors; use any information obtained from the Website in order to harass, abuse or harm another person.

Heroica and its service providers have the right, but not the obligation, to monitor all conduct on the Website and User Comments (defined below) submitted to the Website and to remove any User Comment in our sole discretion for any reason, including because a User Comment is inappropriate or because third parties have complained regarding the User Comment, without any obligation to explain our reasoning, or for no reason.

Heroica has the right to permanently or temporarily terminate, suspend or otherwise refuse to permit your access to the Website without notice or liability for any reason, including if in Heroica’s sole determination you violate any provision of these Terms of Use or for no reason. Upon such termination, you continue to be bound by these Terms of Use including, without limitation, your representations and warranties and all indemnification provisions.

  1. YOUR USER COMMENTS

Heroica may provide Heroica users with the ability to post comments and replies to existing threads or content we publish on the Website (“User Comments” or “Posting”). If you post a comment or reply to any of our content or to one of our threads, you hereby grant Heroica (and our successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Comments, including without limitation for promoting and redistributing part or all of your User Comments in any media formats and through any media channels now or hereafter known. You also hereby grant each user of the Website a non-exclusive license to access your User Comments through the Website.

We or our service providers and partners may edit, remove, modify, publish, transmit or display the Posting as we see fit. You waive all moral rights that you may have in having a Posting altered or changed in a manner not agreeable to you.

When you post any comments or other material on our Website, our comments sections or elsewhere, you agree to the following:

  • You must have the right to submit anything you post.
  • If non-original content is included in your posting, you must obtain permission from the content owner and retain all copyright and other proprietary notices displayed on the materials.
  • You agree that you will treat the other users of our Website with courtesy and dignity and not post anything that is defamatory, slanderous, obscene, pornographic, violent, hateful, racist, harassing, fraudulent or otherwise illegal and/or objectionable. We have the sole right to determine what is objectionable.
  • You must not violate or infringe upon the rights of any third party, including but not limited to, rights of privacy and publicity, copyright, trademark, trade secret or any other personal or proprietary right of any other party.
  • You must not disrespect other Equal Means Equal users, including by harassment, threats, bullying, trolling, or any form of discrimination and bigotry.
  • You must not post anything that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or any person.
  • You must not post anything that seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or by posting any child pornography or sexually suggestive content involving minors.
  • You must not post anything that violates any applicable law, foreign or domestic.
  • You must not post any links to content which would, if posted on our own website, violate these Terms.
  • You must not engage in unsolicited or unauthorized marketing or promotional activities, whether commercial or non-commercial, or any other form of solicitation in our comments sections, or anywhere else on the Website.
  • You may not use any material from the Website, or post any material, in a manner that attributes a false or misleading statement to, or implies a false endorsement by, Heroica or related parties.
  • You must not collect, harvest or post anyone’s sensitive personal information that relates to that person’s real world or online identity including phone numbers, names, physical addresses, IP addresses, email addresses and social media profiles. Any personal information posted about yourself is at your own risk, which we highly discourage.
  • You may not spam the Website, including the comments sections, with any embedded graphics, photographs, images, video, audio, chain letters or other material that we deem to be junk or spam.
  • You must not provide any content that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information.

We do not expressly or implicitly endorse any User Comments. We take no responsibility for the content or share any views or statements expressed by any users on the Website or within our comments sections.

You are solely responsible for your own user content and the consequences of submitting your User Comments to the Website. We do not guarantee any confidentiality regarding the user content you submit.

See our Privacy Policy for more information about user Postings on the public areas of the Website.

  1. OUR COLLECTION AND USE OF YOUR PERSONAL INFORMATION

For information about Heroica’s policies and practices regarding the collection and use of your personal information, please read our Privacy Policy available at www.equalmeansequal.org/privacy-policy. The Privacy Policy is incorporated by reference and made part of these Terms of Use. Thus, by agreeing to these Terms of Use you agree that your use of the Website is governed by the Heroica Privacy Policy in effect at the time of your use.

  1. OUR INTELLECTUAL PROPERTY RIGHTS

The contents of the Heroica Website are provided solely for your personal and non-commercial use. All material published on the Website or forwarded to you by email or other delivery method are protected by copyright and owned or controlled by Heroica or the party credited with the content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display or otherwise exploit in any form any of the content on our website, including text, graphics, illustrations, logos, button icons, images, audio, video and music, and the selection and layout of such content, without our prior written permission.

You also agree not to use any of our trademarks, service marks, designs, and logos anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our Website or its design, without our prior written consent. You agree that this paragraph goes beyond the reach of governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

Nothing contained on the Website shall confer or be construed to confer any license or right under any copyright or trademark of Heroica or any third party, except as expressly consented to in these Terms or another writing signed by Heroica.

  1. CONTEST DISCLAIMER

By participating in a contest through the Website, all entrants agree to abide by the official contest rules for each contest.

In consideration for your participation in a contest, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Heroica Foundation, and its officers, board and employees, jointly and severally from any and all actions, cause of actions, claim and demands for, upon or by reason of any damage, loss or injury including death, which hereafter may be sustained by participating in such contest.

This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof including death, as well as those now disclosed and know to exist. The provision of any state, federal, local or territorial law or state providing substance that releases shall not extend to claims, demands, injuries, or damages which are know or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived.

It is further understood and agreed that said participation in a contest is not to be construed as an admission of any liability and acceptance of assumption of responsibility by the Heroica Foundation, its officers, board and employees, jointly and severally, for all damages and expenses for which the Heroica Foundation, its officers, board and employees, become liable as a result of any alleged act of the contest participant.

  1. SHOP

The Website may feature items for purchase being sold by third-party vendors as well as links to such third-party vendor’s own websites. Such third-party websites shall be solely responsible for all payment and credit card processing, shipping and/or fulfillment of orders. Heroica has no control over and assumes no responsibility for such third-party websites or any problems you may have relating to the purchase, shipping or order fulfillment of items you purchase on such websites.

  1. DONATIONS

If you decide to make a charitable donation to the Equal Means Equal project through the Website, you may be asked to provide information to us, including credit card information. Our credit card processing is provided by a third-party vendor, Stripe. Stripe’s privacy policy can be found here: https://stripe.com/us/privacy.

  1. THIRD-PARTY WEBSITES AND USER-POSTED LINKS

The Website may include links to other third-party websites, advertisers or services that are not owned or controlled by us, as well as third-party links posted by users in our comments sections, if any. Such links are not endorsements of any products or services in such sites, and no information in such a site has been endorsed or approved by Heroica. We have no control over and assume no responsibility for the content, privacy policies or practices of any third-party websites or services. If you access a third-party website from our Website, you do so at your own risk and you understand that these Terms of Use and our Privacy Policy do not apply to your use of such sites. You acknowledge that we have no liability arising from your use of any third-party website or services or third-party content, or from your posting of any third-party links. We encourage you to review the terms of use and privacy policy of any third-party website or service that you visit.

  1. DISCLAIMER OF WARRANTY

HEROICA, ITS WEBSITE AND ITS RELATED SERVICES ARE PROVIDED SOLELY FOR THE INFORMATION OF THE USERS OF HEROICA’S WEBSITE AND SERVICES ON AN “AS IS” BASIS. WE DO NOT PROVIDE INFORMATION OR SERVICES WITH THE INTENTION THAT USERS RELY ON ANY INFORMATION FOUND IN THE WEBSITE AND SERVICES FOR ANY PURPOSE. HEROICA WILL NOT BE RESPONSIBLE OR LIABLE UNDER ANY CIRCUMSTANCES FOR ANY LOSSES OR DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, GOODWILL OR INDIRECT OR CONSEQUENTIAL LOSS ARISING OUT OF ANY USE OF OR INACCURACIES IN THE INFORMATION. ALL WARRANTIES, EXPRESS AND/OR IMPLIED, ARE EXCLUDED TO THE FULLEST EXTENT PERMISSIBLE BY LAW INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY OTHER WARRANTY THAT MIGHT ARISE UNDER ANY LAW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED SERVICES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. Without limiting the foregoing, we make no representation or warranties (i) that the Website will be permitted in your jurisdiction; (ii) that the Website will be uninterrupted or error-free; (iii) concerning any third party’s use of User Comments or content that you submit; or (iv) concerning any User Comments or content submitted by any other user.

  1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY THE LAW: IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (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 OUR WESBITE OR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE OR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR 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 OUR WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT WE DO NOT ACTIVELY SCREEN USER COMMENTS BEFORE THEY ARE UPLOADED TO OUR WEBSITE BY THIRD PARTIES AND, WHETHER OR NOT WE WOULD OTHERWISE NORMALLY BE HELD LIABLE FOR SUCH WORDS UNDER THE LAWS OF THE UNITED STATES OR ANY OTHER JURISDICTION, WE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

  1. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS HEROICA, ITS OWNERS, INVESTORS, DIRECTORS, OFFICERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, SERVICE PROVIDERS, INFORMATION PROVIDERS, LICENSORS AND LICENSEES (COLLECTIVELY, THE “INDEMNITEES”) FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS OF DEBT AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS’ FEES) ARISING FROM OR IN CONNECTION WITH: (I) YOUR USE OF AND ACCESS TO THE WEBSITE OR WEBSITE CONTENT; (II) SOMEONE ELSE’S AUTHORIZED USE OF YOUR ACCOUNT; (III) YOUR VIOLATION OF ANY TERM OF THESE TERMS OF USE; (IV) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY OR PRIVACY RIGHT; OR (V) ANY CLAIM THAT YOUR USER COMMENTS CAUSED DAMAGE TO A THIRD PARTY. YOU SHALL COOPERATE AS FULLY AND AS REASONABLY REQUIRED IN THE DEFENSE OF ANY SUCH CLAIM.  HEROICA RESERVES THE RIGHT, AT ITS OWN EXPENSE, TO ASSUME EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUJECT TO INDEMNIFICATION BY YOU. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE OR YOUR ACCESS TO THE SERVICES.

  1. TERMINATION

We may terminate your access to the Website at any time and for any reason. Otherwise applicable provisions of these Terms of Use, including without limitation the indemnification provisions, will survive any such termination. In addition, because the license you grant to us in the User Comments that you provide is perpetual, termination of these Terms of Use does not terminate our license to use your User Comments as described elsewhere in these Terms. More specifically, Section 5 “Your User Comments” shall survive the termination of this Agreement, whether by breach or otherwise.

  1. OPERATED FROM THE UNITED STATES

The Website is controlled and operated from its facilities in the United States. Heroica makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Website are solely directed to individuals, companies or other entities located in the United States.

  1. MISCELLANEOUS

GOVERNING LAW AND JURISDICTION.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of California applicable to contracts made and to be fully performed therein (without regard to its conflict of laws provisions).  Any claim or dispute between you and Heroica that arises in whole or in part from the Website will be decided exclusively by a court of competent jurisdiction located in Los Angeles County, California, unless submitted to arbitration as set forth in the following paragraph.

ARBITRATION.  For any claim (excluding claims for injunctive or other equitable relief) under these Terms of Use, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. The party electing such arbitration will initiate the arbitration through an established alternative dispute resolution (“ADR”) provider in Los Angeles County, California, mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, as selected by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties and any such personal appearances will take place in Los Angeles County, California, unless otherwise agreed to by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY AGREEING TO THESE TERMS OF USE, YOU AND HEROICA ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

ASSIGNMENT.  You may not assign your rights under these Terms of Use to any third party; we may assign our rights under these Terms of Use without condition.

ENTIRE AGREEMENT.  These Terms of Use constitute the entire agreement between you and us regarding the use of the Website and supersedes any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.

SEVERABILITY.  The parties agree that each provision of these Terms of Use shall be construed as separable and divisible from every other provision and that the enforceability of any one provision shall not limit the enforceability, in whole or in part, of any other provision hereof.

NO WAIVER.  Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

INTERNET ACCESS CHARGES.  You are responsible for any costs you incur to access the internet.

  1. COPYRIGHT

© 2017, Heroica Foundation. All Rights Reserved. All information and designs on the Website are copyrighted material owned by the Heroica Foundation, except certain items that are the property of the original author. Reproduction, dissemination or transmission of any part of the material found on the Website without the express written consent of the owner is strictly prohibited.

  1. TRADEMARKS

“EQUAL MEANS EQUAL” is a trademark used by us, the Heroica Foundation, to uniquely identify our website, business, and service. You agree not to use any of our trademarks, service marks, designs, and logos anywhere without our prior written consent. Additionally, you agree not to use our trade dress, or copy the look and feel of our website or its design, without our prior written consent. You agree that this paragraph goes beyond the governing law on intellectual property law, and includes prohibitions on any competition that violates the provisions of this paragraph.

  1. FURTHER INFORMATION

For questions or for any further information, please contact us at: info@equalmeansequal.org.