Terms of Use

 

Effective Date: September 1, 2016

Thank you for visiting Sisters Testify.  Sisters Testify is a history project intended to gather information relating to the signatories of an open letter published in the New York Times on November 17, 1991, titled African American Women in Defense of Ourselves.

Please carefully read these terms of use before using the Site and any other features and services related to the Project because they form a legally binding agreement between you and the Project owner. By using the Site and Services, you agree to the Terms.  If you do not agree to the Terms, you may not access or use the Site.

Tell us about yourself.  In the course of your use of the Site and Services, you may be asked to provide certain information.  All information that you provide is completely voluntary. Our use of any information you provide shall be governed by our Privacy Policy available at www.sisterstestify.com/privacy.  You acknowledge and agree that you are solely responsible for the accuracy and content of your provided information.

You release the Owner and its employees, contractors, directors, officers, agents, successors, licensees and assigns (the “Released Parties”) from all manner of claims, demands, disputes, suits and causes of action, damages, obligations and liabilities, including but not limited to defamation, invasion of privacy, misappropriation of publicity rights, obscenity and copyright infringement, which you now have, have ever had or may hereafter have against the Released Parties relating in any way to the use and/or content of your information and/or User Content (defined below).

We are an educational resource.  The Site, including all of its contents, such as text, images, and the HTML used to generate the pages, (“Materials”), are our property or that of our suppliers or licensors and are protected by patent, trademark and/or copyright under United States and/or foreign laws.  Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials from the Site in whole or in part, for any public or commercial purpose without the specific written permission of the Owner.  We grant you a personal, non-exclusive, non-transferable license to access the Site and to use the information and services contained here.  We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site.  No material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site.

User Content.  Any and all content, including any communications, images, sounds and all materials or information, that you submit (e.g. by uploading or transmitting) to the Site or the Services (collectively, “User Content”) shall be deemed, and shall remain, your property from the moment of creation. You will be solely responsible for your own User Content and the consequences of uploading, submitting, distributing and publishing your User Content on or through the Site or Services. You affirm, represent and warrant that you exclusively own or have the necessary licenses, rights, consents and permissions to publish any User Content you submit.

In consideration for recording your User Content, you grant the Owner a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, fully paid up, transferable license (with the right to sublicense) to download, use, practice, copy, reproduce, distribute, transmit, broadcast, stream, sell, disclose, prepare derivative works of, edit, display, publish, adapt, re-format, make available, perform, provide access to, communicate to the public and otherwise exploit your User Content in connection with the Owner’s (and its affiliates’ and partners’ and their respective successors) business, including without limitation for promoting and redistributing part or all of the User Content in any media now known or hereafter invented for all purposes permitted by law, including commercial purposes (including, without limitation, advertising, promotional or other marketing materials). To the extent permitted by applicable laws, you waive any moral rights or similar rights you may have in any User Content. If you cancel your account and discontinue your use of the Site or the Services, the Owner and our third-party partners may continue to retain your identifying information and continue to use any information you have already provided to us including User Content submitted, uploaded or otherwise provided by you prior to your cancellation of your account and/or discontinuance of your use of the Services.

Required Rules of Conduct

By using the Site and Services you agree to follow the following basic rules of conduct:

  • Your use of the materials included on the Site is for informational and educational purposes only – not for commercial use;
  • You will not distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of the Site in any way;
  • You will not submit anything to the Site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s);
  • You will follow the Terms and all applicable local, state, national, or international law and will not engage in or encourage conduct that may give rise to civil liability or violate any law;
  • You will only provide truthful, complete and accurate information;
  • You will not impersonate another person;
  • You will not harass, threaten, or abuse other people in any manner;
  • You will not harm minors in any way;
  • You will not access or attempt to access data not intended for you or log into a server or account that you are not authorized to access;
  • You will not attempt to probe, scan or test the vulnerability of our systems or network or breach the security or authentication measures without proper authorization;
  • You will not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site; and
  • You will not e-mail, transmit, or otherwise transfer any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.
  • You acknowledge that we have the right (but not the obligation) to pre-screen any material or information e-mailed, transmitted, or otherwise transferred via the Site. We have the right to refrain from e-mailing, transmitting, or otherwise transferring any material or information that violates the Terms or is otherwise objectionable.

Indemnification.  You agree to indemnify and hold the Owner and the Released Parties harmless from any and all claims, liabilities, damages, costs and expenses, including reasonable attorneys’ fees, in any way arising from, related to or in connection with your use of the Site, your violation of the Terms or the posting or transmission of any materials on or through the Site by you, including, but not limited to, any third party claim that any information or materials you provide infringes any third party proprietary right.

No Warranties.  To the fullest extent permitted by law the Site, including, without limitation, all content, function, materials and services is provided “as is,” without warranty of any kind, either express or implied, including, without limitation, any warranty for information, data, any warranties concerning the availability, accuracy, completeness, usefulness, or content of information, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose.  The Owner does not warrant that the site or the function, content or services made available thereby will be timely, secure, uninterrupted or error free, or that defects will be corrected.  The Owner makes no warranty that the site will meet users’ expectations or requirements.  No advice, results or information, or materials whether oral or written, obtained by you through the site shall create any warranty not expressly made herein.  If you are dissatisfied with the Site, your sole remedy is to discontinue using the Site.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage that results from the download of any such material.

The Owner does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Site.  The Owner is not a party to, and does not monitor, any transaction between users and third parties.

Limitations of Liability.  In no event shall the Owner, its affiliates or any of their respective directors, officers, employees, agents, or content or service providers be liable for any indirect, special, incidental, consequential, exemplary or punitive damages arising from or directly or indirectly related to the use of, or the inability to use, the Site or the content, materials and function related thereto, including, without limitation, loss of revenue, or anticipated profits, or lost business, data or sales, or cost of substitute services, even if company or its representative or such individual has been advised of the possibility of such damages.  In no event shall the total liability of company to you for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) arising from the terms or your use of the site exceed, in the aggregate, $100.00.  The foregoing provision is enforceable to the extent provided by law.

The Terms are governed by the laws of the United States and the State of California.  You agree that the laws of the state of California, excluding its conflicts-of-law rules, shall govern the Terms.  Please note that your use of the Site may be subject to other local, state, national, and international laws.

The Site is controlled and operated from the United States of America, and all information is processed within the United States.  We do not represent that materials on the Site are appropriate or available for use in other locations.  Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

You agree to comply with all applicable laws, rules and regulations in connection with your use of the Site.  Without limiting the generality of the foregoing, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

Any controversy or claim arising out of or relating to your use of the Site (including any claim involving Sisters Testify, the Released Parties, telecommunication providers and content providers) is governed by the Federal Arbitration Act and shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules conducted in Alameda County, California and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  You consent that any claim will be brought solely on your own behalf, in your individual capacity, and not as a plaintiff or class member in any purported class action or representative proceeding.  You consent to jurisdiction of the state and federal courts of California for enforcement of this arbitration provision.  If any portion of this arbitration provision is deemed invalid or unenforceable, the remaining portions shall nevertheless remain in force.

Please visit us often for updates to the Terms.  We may modify the Terms from time to time without notice to you.  You should check the Terms periodically for modifications.  The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to the Site.  We include the effective date of our Terms at the top of the statement.  We encourage you to check our Site frequently to see the current Terms in effect and any changes that may have been made to them.  If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Site.  By using the Site following any modifications to the Terms, you agree to be bound by such modifications.

Talk to us.  To contact us with any questions or concerns in connection with the Terms or the Site, or to provide any notice under this Agreement to Sisters Testify please go to the Contact page.

General information.  The Terms constitute the entire agreement between you and the Owner and govern your use of the Site, superseding any prior agreements between you and the Owner.  You also may be subject to additional terms and conditions that are applicable to certain parts of the Site.

You agree that no joint venture, partnership, employment, or agency relationship exists between the Owner and you as a result of the Terms or your use of the Site.

Any claim or cause of action you may have with respect to the Owner or the Site must be commenced within one (1) year after the claim or cause of action arose.

The failure of the Owner to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.  If any provision of the Terms 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 the Terms remain in full force and effect.

You may not assign the Terms or any of your rights or obligations under the Terms without the Owner’s express written consent.

The Terms inure to the benefit of the Owner’s successors, assigns and licensees.  The section titles in the Terms are for convenience only and have no legal or contractual effect.