TERMS AND CONDITIONS
Last updated: July 14, 2015
Description of Service; Acceptance of Terms; Modification
1in20 (One in Twenty), a subsidiary of Campfire Media LLC (“Company”), provides an interactive platform through its website,www.oneintwenty.org (the “Site”), that enables users (“Users”) to create, post, share, read, view, and comment on blog posts, stories, images, text, photos, videos, and certain other works of authorship and content (collectively, “Content”) related to living and suffering from depression or mental illness (the “Service”).
These terms and conditions (the “Terms and Conditions”) set out the legally binding terms between Company and all Users of the Site and the Service. Your use of the Site and the Service, and all related activities, constitutes your acceptance of these Terms and Conditions, as may be amended from time to time. If Company makes a material change to these Terms and Conditions, it will notify Users by posting a notice on the Site, which change will be effective automatically upon the posting of such notice. IF ANY OF THESE TERMS AND CONDITIONS OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, DO NOT USE THE SITE OR THE SERVICE. YOUR CONTINUED USE OF THE SITE AND THE SERVICE FOLLOWING THE POSTING OF ANY NOTICE OF ANY CHANGE TO THESE TERMS AND CONDITIONS SHALL CONSTITUTE YOUR ACCEPTANCE AND AGREEMENT TO SUCH CHANGE. Company may offer other services or features from time to time that are governed by different terms of service and not specifically reference herein. Unless explicitly stated otherwise, such services or features shall be subject to these Terms and Conditions.
REPRESENTATIONS AND WARRANTIES
The Site and the Service is available only to persons who are eighteen (18) years or older, or who are thirteen (13) to seventeen (17) years old with parental permission. BY ACCESSING AND USING THE SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE SUBMISSION AND/OR OTHER POSTING OF ANY CONTENT, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD and are fully able and competent to enter into these terms, conditions, OR THAT YOU ARE AT LEAST THIRTEEN (13) YEARS OLD AND HAVE PERMISSION FROM YOUR PARENT OR LEGAL GUARDIAN PRIOR TO ACCESSING AND USING THE SITE AND THE SERVICE and, for the avoidance of doubt, prior to initiating any transaction in connection with your access and use thereof, AND YOUR PARENT OR GUARDIAN AGREES TO THESE TERMS AND CONDITIONS. You represent and warrant that your use of the Site and the Service shall be in compliance with these Terms and Conditions in all respects, as well as any other applicable laws, rules and regulations of any governmental authority, wherever you are located. You represent and warrant that you are not prohibited from receiving United States origin products, including services or software.
License; SITE AND SERVICE Access
Company grants you a non-exclusive, non-transferable, non-assignable, limited license to access and make personal use of the Site and the Service, subject to these Terms and Conditions, and not for redistribution of any kind (the “License”). This License does not include any resale or commercial use of the Site, the Service, or any Content therein. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Content on the Site without notice. The Site, the Service, and any Content therein may not be modified, reproduced, duplicated, copied, published, sold, resold, visited, or otherwise exploited for any purpose without express prior written consent of Company. This License terminates automatically upon any unauthorized use. Company will take appropriate investigative and legal action for any illegal or unauthorized use of the Site or the Service. Company reserves the right, in its sole discretion and without notice or liability to you, to suspend or terminate your use of, or access to, the Site and the Service (either in whole or in part) at any time for any reason with any conditions, including, but not limited to, if Company believes in good faith that you have violated or acted inconsistently with these Terms and Conditions or any applicable law or that you have engaged in conduct that Company reasonably determines to be inappropriate or unacceptable. Company also reserves the right to terminate your access to the Site and the Service if you file any claim against Company or a claim that involves the Site or the Service.
Company may in the future update the Site or Service to change the material, Content and/or features thereof at any time (an “Update”). Company shall not be liable to User in any way as a result of any temporary suspension of the Site or the Service arising from or in connection with an Update. Furthermore, Company is under no obligation to undergo an Update of the Site or the Service to the extent any material, Content and/or features contained therein or related thereto is out of date. The terms of the License granted to you pursuant to this Section 3 shall apply in full to any Update.
Your access to the Site and the Service may be interfered with by numerous factors outside of Company’s control including, but not limited to, telecommunications and/or wireless network service disruptions, computer or mobile device viruses and bugs, tampering, unauthorized intervention, fraud, technical failures, and server, equipment or software defects. Company is not responsible and will have no liability for any failures of the internet or any data or telecommunications equipment, system or network used in connection with the Site or the Service.
SITE SUBMISSIONS AND CONTENT
You may submit Content for publication to be featured on the Site (a “Submission”) by emailing such Content to Company firstname.lastname@example.org or by uploading such Content to the Dropbox or WeTransfer file sharing systems links located on the Site at:http://www.oneintwenty.org/contact or any other file sharing service that the Company may use from time to time. You shall be solely responsible for all Content included in a Submission or that you otherwise post, upload, link to, publish, exchange, or display onto the Site or through the Service and any such Content that you provide or make available to other Users through the Site. In addition, you acknowledge and agree that Company has strict guidelines with respect to all Content that may be posted onto the Site, a link to which can be found HERE. You hereby represent, warrant and covenant that any Content included in a Submission or other Content posted onto the Site shall fully comply with the Guidelines in all respects. Company will review each Submission prior to uploading the Content therein onto the Site. Company reserves the right to reject, refuse to post, edit, modify, remove all or a portion of any Content included in a Submission or otherwise posted onto the Site that Company determines, in its sole discretion, does not comply with the Guidelines, or for any other reason, without notice or liability to you.
SOCIAL MEDIA CHANNELS; Third-Party Content
Company has established and maintains a variety of third party social media services and webpages that are associated with the Site and the Service, including, but not limited to, Instagram.com (the “Social Media Channels”). Company may integrate sharing of any Content you post onto the Site through these Social Media Channels. You hereby acknowledge and agree that Company has the right, in its sole discretion, to upload all or a portion of any Content posted by you onto the Site onto any of its Social Media Channels. You further acknowledge and agree that Company has no control over, and assumes no responsibility for, the terms and conditions of use, privacy policies, or practices associated with any Social Media Channel and that you shall be solely responsible for any Content that you post onto the Site, which Company subsequently uploads onto any Social Media Channel. Accordingly, Company encourages you to be aware of and to read the terms and conditions of use and privacy policies associated with such Social Media Channels prior to posting Content onto the Site to ensure compliance therewith.
The Site and the Service may also include other third-party content or links to third party websites or services that are not owned or controlled by Company (collectively, “Third Party Content”). Inclusion of any Third Party Content on the Site does not constitute or indicate Company’s endorsement thereof and Company shall not be responsible for any Third Party Content transmitted through the Site or the Service. You shall be subject to any additional terms and conditions of use, guidelines or rules applicable to any Third Party Content that you access through the Site or the Service (“Third Party Rules”). All such Third Party Rules are hereby incorporated by reference into these Terms and Conditions. You acknowledge and agree that Company will not and cannot censor or edit any Third Party Content and that you shall assume the sole responsibility for and risk associated with your use of Third Party Content, including compliance with the terms and conditions of use, privacy policies, or practices associated therewith. Accordingly, Company encourages you to be aware when you leave the Site and to read the terms and conditions of use and privacy policies associated with any Third Party Content.
By using the Site and the Service, you expressly relieve Company from any and all liability arising from (i) your use of any Third Party Content, including any loss or damage incurred as a result of any dealings between you and any third parties, or as the result of the presence of such Third Party Content on the Site or the failure of such Third Party Content to function as intended, or (ii) the sharing of any of Content you post onto the Site through Social Media Channels.
Intellectual Property; INFRINGEMENT claims procedure
You acknowledge and agree that Company retains all right, title and interest in and to the Site and the Service, including all software, content, data and materials provided on or through the Site or the Service (including, without limitation, designs, names, logos, user interfaces, textual material, images, audiovisual works, stills, text and the compilation of all content and materials on the Site or the Service, and the business process, procedures, methods and techniques used in the Site and Service) and all associated trade secret rights and other intellectual property and proprietary rights recognized anywhere in the world (“Service IP”). You agree not to use any Service IP in any way other than within the terms of the License granted herein. Company reserves all ownership or other rights in the Site and the Service not specifically licensed under these Terms and Conditions.
With respect to any Content that you post onto the Site that is owned, duly licensed or lawfully possessed by you, you hereby grant the Company a nonexclusive, irrevocable, worldwide, perpetual, transferable, sublicensable, unlimited, fully paid, royalty-free right to copy, prepare derivative works of, improve, edit, distribute, publish, transmit, display, and use such Content, in any way, across any media now known or in the future developed, including without limitation for the purposes of (i) offering the Site and the Services (ii) offering and maintaining the Social Media Channels and (iii) promoting and marketing the Company in any manner, including, but not limited to, the Site and the Social Media Channels.
Company respects the intellectual property rights of others and asks that our Users to do the same. If you believe a User of the Site or the Service is infringing your or any third party’s copyright or otherwise violating intellectual property rights, please provide notification of such violation containing the following information (“Infringement Notice”) to Company’s designated copyright agent at email@example.com, which Infringement Notice must include: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (2) a description of the copyrighted work or other intellectual property that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the Site; (4) your address, telephone number, and email address; (5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your Infringement Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf. This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere in these Terms and Conditions. Company will remove any Content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.
You agree to abide by these Terms and Conditions, the Guidelines and any applicable Third Party Rules. Without limiting other remedies (such as issuing a warning or suspending access to the Site and the Service), Company reserves the right to investigate and take appropriate legal action in its sole discretion against any User if (i) such User breaches, or Company has reason to believe that such User has breached, these Terms and Conditions or any document incorporated herein by reference, (ii) Company is unable to verify or authenticate any information such User provides to Company, or (iii) Company believes that such User’s actions may cause financial loss, legal liability or other harm to such User, Company or any other Users. All Users shall be solely responsible for all interactions with other Users of the Site. Company reserves the right, but has no obligation, to monitor disputes between Users.
USE & STORAGE
You acknowledge that Company may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content posted to the Site will be retained by or made available through the Service and the maximum disk space that will be allotted on Company’s servers on your behalf. You agree that Company has no responsibility or liability for the blocking, deletion or failure to store any Content maintained or transmitted by the Site and the Service. You further acknowledge that Company reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice to you.
MENTAL HEALTH DISCLAIMER; MENTAL HEALTH CARE
THE CONTENT AND OTHER INFORMATION CONTAINED WITHIN THE SITE AND THE SERVICE MAY RELATE TO SENSITIVE TOPICS AND MAY INCLUDE MATERIALS AND OTHER INFORMATION THAT COULD POTENTIALLY TRIGGER UNSOLICITED OR UNINTENTED EMOTIONAL RESPONSES BY A USER. TO THIS EFFECT, EACH USER HEREBY ACKNOWLEDGES AND AGREES THAT THE USE OF THE SITE AND THE SERVICE SHALL BE AT SUCH USER’S OWN RISK AND THAT COMPANY SHALL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES OR CAUSES OF ACTION ARISING FROM, OR RELATED TO, ANY SELF-INFLICTED PHYSICAL HARM OR DEATH OF ANY USER, OR ANY OTHER PHYSICAL OR EMOTIONAL INJURY OF ANY USER. COMPANY STRONGLY URGES ANY USER WHO FEELS THAT HE/SHE IS BEING NEGATIVELY AFFECTED BY ANY OF THE CONTENT OR OTHER INFORMATION INCLUDED WITHIN THE SITE AND THE SERVICE TO LEAVE THE SITE AND STOP USING THE SERVICE IMMEDIATELY AND TO IMMEDIATELY SEEK PROFESSIONAL OR OTHER MEDICAL ATTENTION.
THE SITE AND THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR MENTAL HEALTH CARE. WHILE COMPANY AIMS TO PROVIDE A SAFE FORUM FOR THOSE SUFFERING FROM DEPRESSION AND MENTAL ILLNESS TO SHARE THEIR STORIES AND EXPERIENCES AND ENGAGE THE COMMUNITY OF USERS OF THE SITE AND THE SERVICE, COMPANY STRONGLY ENCOURAGES YOU TO SEEK IMMEDIATE PROFESSIONAL ASSISTANCE IF YOU ARE IN CRISIS OR BELIEVE YOU ARE IN DANGER OF SUFFERING PHYSICAL OR MENTAL HARM TO YOURSELF OR ANY OTHER PERSON. TO THAT END, COMPANY HAS PROVIDED LINKS TO USERS OF THE SITE AND THE SERVICE TO CERTAIN MENTAL HEALTH SERVICES AND PROFESSIONALS, WHICH CAN BE FOUND HERE. ALTHOUGH COMPANY MAKES EVERY EFFORT TO ASSURE THE ACCURACY OF ALL INFORMATION FOUND ON THE SITE, COMPANY DOES not examine, determine or warrant the competence of any mental health SERVICES OR PROFESSIONALS LISTED ON THE SITE OR THIRD PARTY WEBSITES OF SUCH MENTAL HEALTH SERVICES AND PROFESSIONALS. Use of THE SITE for informational purposes or to locate a mental health SERVICE OR professional is wholly voluntary and will not result in any liability against COMPANY. In no event shall COMPANY BE liable for damages to any USER for the voluntary selection of any mental health SERVICE OR professional LISTED ON THE SITE or for any other damages which may occur. COMPANY cannot and does not provide any warranties related to the information contained in or resulting from information or services from a mental health service or professional contributing to or listed ON THE SITE OR THIRD PARTY WEBSITES OF SUCH MENTAL HEALTH SERVICES AND PROFESSIONALS.
Company may terminate these Terms and Conditions at any time for any reason. If you do not agree to the terms in these Terms and Conditions, your sole remedy is to not use the Site or the Service. To remove any Content that you may have posted onto the Site, please send an email to firstname.lastname@example.org setting forth the email or username you used to post such Content and explicitly stating your desire to remove such Content from the Site. All provisions hereof which by their nature should survive, shall continue in full force and effect upon any termination of these Terms and Conditions.
YOUR USE OF THE SITE, THE SERVICE AND ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE IS AT YOUR SOLE RISK. THE SITE, THE SERVICE AND ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTY THAT (i) THE SITE, THE SERVICE AND ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE AND THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, THE SERVICE AND ANY INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SITE OR THE SERVICE WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH OR FROM THE SITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY IS NOT INVOLVED IN, NOR DOES COMPANY ACTIVELY OVERSEE, ANY COMMUNICATION BETWEEN USERS AND THEREFORE MAKES NO REPRESENTATIONS OR GUARANTEES REGARDING THE TRUTHFULNESS, ACCURACY, LEGALITY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY FORM OF COMMUNICATION BETWEEN USERS. COMPANY ASSUMES NO RESPONSIBILITY OR LIABILITY FOR SUCH COMMUNICATIONS AND THE CONTENT CONTAINED THEREIN. ANY RELIANCE ON COMMUNICATIONS BETWEEN USERS WILL BE AT YOUR OWN RISK. WHILE COMPANY WILL PERIODICALLY MONITOR AND REMOVE ANY CONTENT POSTED BETWEEN USERS THAT VIOLATES ANY OF THESE TERMS AND CONDITIONS, OR THAT COMPANY DEEMS TO BE INACCURATE, HARMFUL, OFFENSIVE, INAPPROPRIATE, OR MISLEADING, COMPANY CANNOT GUARANTEE THAT USERS ARE WHO THEY CLAIM TO BE AND YOU SHOULD BE AWARE THAT THERE ARE RISKS OF DEALING WITH INDIVIDUALS ONLINE, INCLUDING RISKS OF PHYSICAL HARM AND FALSE PRETENSES. USER CONTENT AND CONDUCT MAY BE OFFENSIVE, HARMFUL, INACCURATE, MISLABELED OR DECEPTIVE. YOU ASSUME ALL RISKS DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE SITE AND THE SERVICE AND RELEASE COMPANY AND ITS AFFILIATES FROM CLAIMS, ACTIONS, DEMANDS, PROCEEDINGS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN OR UNKNOWN, ARISING OUT OF OR RELATED TO ANY DISPUTE YOU HAVE WITH USER(S).
Indemnification, Limited Liability, Class Action Waiver
You hereby agree to indemnify and hold harmless, and upon Company’s request, defend, Company and its directors, officers, employees, affiliates, content partners, vendors, third party licensors, distributors, advertisers, and other contracting parties, together with their respective director, officers, employees, successors, assigns, consultants and other agents, from and against any and all losses, liabilities, damages, costs or expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any claim, action, or proceeding brought by a third party based on: (i) your use of the Site and the Service; (ii) any breach of any representation, warranty, covenant or obligation of yours under these Terms and Conditions; (iii) any Content posted by you onto the Site; (iv) your violation of any applicable law or regulation; or (v) your violation of any third party right, including, but not limited to, any intellectual property right. Company shall promptly notify you of any such claim, and you shall assume control of the defense of such claim upon Company’s request. Company shall have the right, at its expense, to participate in the defense thereof under your direction.
EXCEPT PURSUANT TO YOUR INDEMNITY OBLIGATIONS, AND EXCEPT FOR A BREACH OF YOUR REPRESENTATIONS AND WARRANTIES UNDER THESE TERMS AND CONDITIONS, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOSS OF PROFITS OR PUNITIVE DAMAGES, ARISING OUT OF ANY CAUSE OF ACTION WHATSOEVER, EVEN IF ADVISED OF THEIR POSSIBILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO ONE HUNDRED DOLLARS ($100).
YOU AND COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY-GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR COMPANY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND COMPANY FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF YOU, COMPANY, AND ALL PARTIES TO ANY SUCH PROCEEDING.
These Terms and Conditions and the relationship between you and Company shall be governed by and construed under the internal law of the State of New Jersey without regard to its conflict of law provisions. All disputes arising out of or related to these Terms and Conditions or your use of the Site or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Newark, New Jersey and you agree to submit to the personal jurisdiction and venue of such courts; provided, that Company reserves the right to bring proceedings against you for breach of these Terms and Conditions in any other jurisdiction.
Except as explicitly stated otherwise, any notices to Company shall be sent by certified mail, return receipt requested, to 19 Berkley Street Maplewood, NJ 07040 or via electronic mail to email@example.com, including any questions you may have about the terms and conditions of use set forth in these Terms and Conditions.
The failure of Company to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
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 Site, the Service or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Company may assign these Terms and Conditions, in whole or in part, at any time without notice to you. You may not assign these Terms and Conditions or transfer any rights to use the Site or the Service without the prior written consent of Company.
© 2015 1in20 (One in Twenty) ALL RIGHTS RESERVED.