Break The Silence Against Domestic Violence (BTSADV), a California nonprofit corporation, and its affiliates provide this website and the services on this site (collectively, the “Services”) subject to these Terms of Service; our Privacy Policy; and our Copyright Policy (the “Policies”). By using the Services, you agree to the Policies; and if you are using the Services on behalf of a business entity, then you agree to the Policies on behalf of yourself and such entity. If you do not agree with the Policies, then do not use the Services. You may not use the Services: if you are under 13; if we have restricted or terminated your use of the Services; or if your use of the Services will violate another contract. We may amend the Policies or any part thereof at any time by providing advanced notice to you on the website or through another communication channel. Your continued use after we provide the notice constitutes consent to the amendment(s) by you and your business entity, if applicable. If you do not agree to the amendment(s), then do not continue using the Services. THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

1. USE OF THE SERVICES

Provision

We will use commercially reasonable efforts to ensure the Services are up and running, but we are not liable for any time during which the Services may be down. We may also modify, change or remove parts or all of the Services at any time. We may also provide links to other websites and services, and if you use such other websites or services, you do so at your own risk. We are not responsible for such other sites or services.

Prohibited uses

You may not do anything through the Services that is illegal or that diminishes the purposes of our organization or that will harm the Services, including using bots or other automated systems. You may not use the Services to perform fundraising for other organizations. In order to protect the privacy of survivors and families participating in our programs, you may not use the Services to share or otherwise communicate any survivor’s or family’s last name, or other personally identifiable information about such person, including anything that would reveal a person’s specific location within a country other than such person’s city and country. In order to protect our survivors, their families and our communities, please use caution when sharing any videos, photos, films or similar materials. These materials are intended to be used for educational purposes and to promote BTSADV programs while protecting the dignity of the people we serve. Use of these materials for commercial purposes or for promotion of any activity other than BTSADV programs is not authorized without prior permission from BTSADV.

Accounts and Angel Pages

We allow users to submit information using the Services. If you send in a submission or any sort using the Services, then we may request information about you as provided in our Privacy Policy. Further, you are responsible for everything that you submit. We may terminate your submissions at any time for any reason.

Terms specific to “Angel Pages”

If you use “Angel Pages,” then for the benefit of all, you agree to these additional terms specific to “Angel Pages”:

• You may choose to upload your own photographs to your Angel Pages but you shall adhere to strict guidelines regarding online decency; you shall not submit or upload any photos or other content that is questionable; and you accept full responsibility for any photos or other content you submit of questionable content.
• You shall keep all discourse civil (no name-calling, no foul language, no personal attacks, etc.).
• If you have any doubt about whether something should be posted, contact us privately.
• Do not post anyone’s email address without their prior consent (our staff members, fellow group members, etc.).
• We welcome members of fellow humanitarian organizations to use the Services and the Angel Pages; however, such members shall not use the Services for fundraising or soliciting for other organizations.
• These “Angel Pages” specific terms are in addition to all other terms in the Policies.

2. CONTENT AND INTELLECTUAL PROPERTY

Users of the Services may submit to us content including text, stories, photos, videos and other content. By submitting such content you represent and warrant that: you own such content and the intellectual property to the same; you have the right to submit the same to us for our use; and you thereby grant us an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, license to use the same, including the right to reproduce, prepare derivative works from, distribute, display and perform the same, for any reason, with or without attribution. We will use reasonable efforts to notify you in advance if we desire to use your content on our blog; however, the license you have granted to us gives us the right to use it without such notice. Unfortunately, due to the nature of the Internet, we cannot guarantee that other users of the website or Services that have access to the content you share will not use such content in a way that might violate your rights and we disclaim all liability for such uses by other users. Your termination of your use of the website and/or the Services, or any portion thereof, does not terminate the above described license. Further, you may request that we remove your content from our systems but we may not be able to do so, and we are not obligated to do so. We also have no obligation to retain any of your content.

Intellectual property rights

All of the content on the website and all of the software and website design/code is owned by us, licensed to us, or likely owned by another individual or entity and all of the same may be protected by copyright, trademark, patent or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for its intended purpose. We respect the copyrights of others. Please refer to our Copyright Policy if you have any concerns regarding copyrights in or to the content on our website.

3. DONATIONS MADE TO US

We offer certain users of the website the ability to make donations to us. If you elect to use the Services to make a donation to us, we may ask for certain personally identifiable information, including payment information. We may also have additional rules and policies regarding the same and all donations are subject to such other rules and policies. We greatly appreciate your donations and thank you for your generosity.

4. DISCLAIMERS; LIMITATIONS; AND INDEMNIFICATION

The website and Services are offered on an “AS IS” and “AS AVAILABLE” basis and subject to the following disclaimers and limitations. We do not control or vet user-generated content on the site. We do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including all warranties of merchantability, fitness for a particular purpose, title, accuracy of data and noninfringement. We disclaim all liability for identity theft and other misuse of your identity or other content. We do not make any guarantees regarding the operation of the website and Services, portions or all of which may be unavailable at times or terminated permanently. Except as expressly provided in another contract between you and us, your sole remedy for dissatisfaction with the website or Services is to terminate your account. Neither us nor any of our subsidiaries, affiliated companies or the owners, members, directors, officers, employees, contractors or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services, any platform applications or any of the content or other materials on, accessed through or downloaded through the Services. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose. You shall save, indemnify and hold us and our Affiliates harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to all third-party claims, charges and investigations caused by your failure to comply with the Policies, including without limitation, your submission of content that violates third-party rights or applicable laws and any activity in which you engage on or through the Services.

5. ARBITRATION

You agree that any dispute or claim that you may have that is related to the website or your use of the Services shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). If you have a claim, you should send a letter requesting arbitration and describing your claim to [email protected]. You agree that disputes and claims will be conducted and resolved on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds to a court, then we each waive any right we may have to a jury trial. Notwithstanding the above, we may bring suit in a court to enjoin infringement or misuse of intellectual property or confidential information.

6. MISCELLANEOUS

Termination

You may only terminate this agreement with us by suspending your use of the website and Services and delivering written notice to us of your termination. However, you will remain liable for any damage you caused or may later cause to us, the website or the Services. We may terminate this agreement with you, or any portion thereof, or any access to the website or Services or any portion thereof, for any reason or no reason, at any time, with or without notice to you. Such termination may be immediate or may be at a future date. We may also restrict or prohibit future use of the website and Services by you. Upon termination of this agreement, you shall immediately cease using the website and the Services.

Contact

Except as otherwise required, all notices and communications that you may send to us shall be sent to us, with all expenses prepaid, at the following address: Break The Silence Against Domestic Violence; 530 Communications Circle, Colorado Springs, CO 80905. You may send informal communications to us via email at [email protected].

Waiver

The failure or delay by us to exercise any right or remedy set forth in the Policies will not operate as a waiver thereof. The waiver by us of a breach of any provision hereof will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.