forma fgc, nfp Terms and Conditions

Welcome to forma. forma fgc, nfp is designed as an interactive space for FGM/C-affected women to share their stories through art, writing, film, photography, music or any other form of artistic expression. However, before you enter the forma fgc, nfp site (the "Site") or use any of the forma fgc, nfp services, you must carefully review the Terms and Conditions set out below (the "Terms"). In addition, specific pages on the Site may set out additional terms and conditions, all of which are incorporated by reference into these Terms. These Terms may be changed or updated at any time, but you can always find the most recent version here. In the case of inconsistencies between these Terms and information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You should periodically check this page to make sure you are up to date.

By entering and using the Site, you indicate that you accept these Terms and that you agree to be bound by them. Acceptance of these Terms creates a binding contract between you and forma fgc, nfp that you will use the Service only in a manner consistent with these Terms. If you have questions about these Terms, please contact mail@formafgc.org. Your use of the Site and its services (together, the "Service") is entirely conditioned on and subject to your compliance with these Terms. If you do not agree with these Terms, do not access or use the Service.

1.        Terms of Membership

forma fgc, nfp membership ("Membership") is available to you if you are at least 13 years of age and submit certain requested information to forma fgc, nfp, including your name and correct email address. When you become a Member, you must provide forma fgc, nfp with true, accurate, current, and complete information about yourself when such information is requested by the Service (whether by questionnaires, surveys, registration forms, or other informational requests).

     

2.             Digital Image Storage

a.         When you upload photo or video Content to the Service, the original resolution and
forma fgc, nfpt of your Content may be modified depending on the upload speed you choose. Further, if you upload photo or video Content with very high resolution or bit-rate, forma fgc, nfp may in its discretion down-sample the Content regardless of the upload speed you choose.

b.        You should always preserve your original Content, or make back-up copies of such Content, on your personal system. You should not use the Service as the only repository or other source for your Content.

3.         Member Conduct

  1. forma fgc, nfp is committed to ensuring that the Service remains a safe place to share photographs and videos. To that end, the Service allows Members to be creative with their Content. Users of the Service, whether or not Members, may not use the Service to upload Prohibited Content. Generally, Prohibited Content includes Content or other material that forma fgc, nfp believes:

  1. Is abusive, deceptive, pornographic, obscene, defamatory, slanderous, offensive, or otherwise inappropriate;

  1. Comprises copyrighted material used without the express permission of the owner;

  1. Violates or otherwise encroaches on the rights of others;

  1. Contains viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise the Service (collectively “Corruptive Code”);

  1. Advocates illegal activity;

  1. Hacks, destabilizes or adapts the Service, or alters another website to falsely imply it is affiliated with the Service;

  1. Uses any high volume automated means (including robots, spiders or scripts) to access the Service;

  1. Broadcasts or sends any form of advertising, mass communication or solicitation to forma fgc, nfp users;

  1. Harms anyone, including minors; or,

  1. Provides a link to any of the above

  1. forma fgc, nfp has the sole discretion to determine whether Content is Prohibited Content, and any Content submitted to the Service may be subject to examination from time to time. Although forma fgc, nfp does not and will not examine or otherwise review all Content submitted or transmitted to the Service, forma fgc, nfp may delete, move, and edit Content for any reason, at any time, without notice.

  1. All Content that is uploaded/shared on the Site is the sole responsibility of the person who submitted it. Thus, you are responsible for your Content.

  1. By viewing the Site, you may be exposed to Content that you consider offensive. You take sole responsibility for such exposure.

  1. forma fgc, nfp in no way guarantees the accuracy, quality, or appropriateness of Content available through the Service.

  1. As part of the Service, forma fgc, nfp may offer Members the right to establish chat rooms, shared rooms, or other similar capabilities on the Site (collectively “Group Rooms“), at forma fgc, nfp's option and subject to forma fgc, nfp's conditions. If a Group Room involves a Member-specific URL, such as xxx.formafgc.org, forma fgc, nfp may revoke the right to use that URL for any reason deemed appropriate by forma fgc, nfp in its sole discretion; forma fgc, nfp will provide at least thirty days notice prior to any such revocation. forma fgc, nfp owns and retains all right, title, and interest in the use of “forma fgc, nfp“, “forma” or other forma fgc, nfp property in association with Group Rooms.

  1. forma fgc, nfp may provide you with an "Embedded Player" feature to enable you to incorporate certain Content into your own personal, non-commercial websites for use in accessing the materials on the Site. You must provide a prominent link back to the Site on all pages containing the Embeddable Player. forma fgc, nfp will have no responsibility or liability for content users post to other websites and the removal of such content is the sole responsibility of those other websites.

4.         Third Party Software and Websites

a.        As a convenience to Members, forma fgc, nfp may make third-party software available through the Service, including by downloading, or provide links to third-party websites. Your use of such third-party software or websites will be subject to the terms and conditions imposed by the third party provider. The agreement to use such software or websites will be solely between you and the third party provider. forma fgc, nfp makes no representations or warranties concerning, and is not liable or responsible in any manner for, any performance, effectiveness or other aspect of such software or websites.

b.         forma fgc, nfp may make certain third-party templates, images, products, tools and services available to Members through the Service, including by downloading. Such third-party templates, images, products, tools and services are provided "as is" without support or warranties of any kind. forma fgc, nfp makes no representations or warranties concerning, and it is not liable or responsible in any manner for, any performance, effectiveness, claims or other aspect of third-party templates, images, products, tools and services.

5.         Privacy Policy

We respect your privacy and have taken specific steps to protect it. Please see our Privacy Policy.

6.         Copyright

a.         When you use the Service, you become a participant in an online community of people who enjoy media including but not exclusive to videos, music, and photography.

  1. Content License. In order for forma fgc, nfp to provide our services to you and your invitees, as a condition to Membership you hereby grant to forma fgc, nfp, solely for providing or improving the Service (e.g., customer support, technical support and/or vendor order fulfillment), the right to copy, display, modify, distribute, transmit, and make derivative works of your Content.

  1. Content Ownership. As a condition to Membership, you represent and warrant to forma fgc, nfp that you either own your Content or have written permission from the copyright owner to make such Content available to the Service.

b.         The Service is protected by U.S. and international copyright laws and by other applicable laws. You may not Process any Content owned by someone else without the written consent of the owner of such Content. You are solely responsible for any copyright violations that you may incur as a result of your activities on the Service.

c.          If you believe that your work or the work of another has been copied in a way that constitutes copyright infringement, forma fgc, nfp has a process in place to respond to your concerns:

How to Contact Us About Copyright Infringement Claims

forma fgc, nfp will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the provisions required by the Digital Millennium Copyright Act, as follows.

If you believe your copyright or the copyright of another has been infringed on the Service, please provide forma fgc, nfp with a written notice containing the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. a description of the copyrighted work 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;
  6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Claims of infringement by the Service should be emailed to forma fgc, nfp at copyright@formafgc.org

7.         Indemnity

YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS forma fgc, nfp, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, LICENSORS, SUPPLIERS, INFORMATION PROVIDERS, AND AGENTS (COLLECTIVELY "forma fgc, nfp AFFILIATES") FROM AND AGAINST ALL LOSSES, CLAIMS, LIABILITIES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO THE SERVICE (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR BY ANY OTHER PERSON ACCESSING THE SERVICE AS YOUR INVITEE, SUCH AS BY USING YOUR ACCOUNT.

8.         Limited Warranty

A.        IN NO EVENT WILL forma fgc, nfp OR forma fgc, nfp AFFILIATES BE LIABLE FOR ANY CLAIM OF ANY NATURE, WHETHER DIRECT OR INDIRECT, ARISING FROM OR RELATED TO (I) CONTENT MADE AVAILABLE ON OR THROUGH THE SERVICE, INCLUDING ERRORS OR OMISSIONS IN SUCH CONTENT, OR (II) LOSS OR DAMAGE INCURRED AS A RESULT OF CONTENT.

B.        ANY PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.

C.        EXCEPT FOR THE ABOVE EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, forma fgc, nfp AND forma fgc, nfp AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. forma fgc, nfp MAKES NO WARRANTY THAT (i) THE SERVICE WILL BE PROVIDED IN A MANNER THAT IS UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE SERVICE IS OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (iii) THE SERVICE WILL MEET YOUR REQUIREMENTS. forma fgc, nfp MAKES NO WARRANTIES OF ANY KIND WITH RESPECT TO SOFTWARE, GOODS, OR SERVICES THAT ARE PURCHASED, ACCESSED, OR OBTAINED THROUGH THE SERVICE OR THAT ARE ADVERTISED ON THE SITE, INCLUDING THAT SOFTWARE WILL BE FREE OF CORRUPTIVE CODE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

D.        TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE REMEDIES SET FORTH IN THESE TERMS ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

9.         Limitation of Liability

A.         TO THE FULLEST EXTENT PERMITTED UNDER LAW, forma fgc, nfp WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES OR LIABILITIES (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT) ARISING WITH RESPECT TO YOUR USE OF THE SERVICE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OR INABILITY TO USE THE SERVICE, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SERVICE, OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

B.         SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

10.         Termination

forma fgc, nfp may, in its sole discretion, terminate your Membership (or any part thereof) or your use of the Service, and remove and discard any Content at any time, without notice, for any reason, including: (i) conduct that violates these Terms or other policies or guidelines set forth by forma fgc, nfp elsewhere within the Service, or (ii) conduct forma fgc, nfp believes is harmful to other forma fgc, nfp users, the business of forma fgc, nfp, or Affiliates, forma fgc, nfp will not be liable to you or any third-party for any termination of your access to the Service.

11.        Choice of Law

The state and federal courts of California are the exclusive forum and venue to resolve any and all disputes arising out of or otherwise relating to these Terms. You consent to personal jurisdiction and venue by the state and federal courts of the State of California.

12.        Modification of Terms

forma fgc, nfp may amend these Terms at any time, for any reason, and without notice, including the right to terminate the Service or any part of the Service. Any amendments or modifications made by forma fgc, nfp will be prospective only.

13.        Entire Agreement

a.        These Terms constitute the entire agreement between you and forma fgc, nfp governing your use of the Service. In the case of inconsistencies between these Terms and any information included in off-line materials (for example, promotional materials and mailers), these Terms will always control. You may also be subject to additional terms and conditions that may apply when you use forma fgc, nfp Affiliate services, third-party Content, or third-party software.

b.        The failure of forma fgc, nfp to exercise or enforce any Term will not constitute a waiver of such Term. If any Term 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 remain in full force and effect.

c.        Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Service or these Terms will be filed within one year after such claim or cause of action arose, or be forever barred.

14.         Reporting Violations

You can report abuse of these Terms to mail@formafgc.org