Terms of Use

Last Updated: May 10, 2011

 

1. Introduction.

This website is owned and operated by the IOLA Foundation d/b/a It Gets Better Project (“ItGetsBetter”) (TM). By accessing or viewing this website, uploading content to this website, and/or participating in or using any service offered on this website (collectively and individually the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). Please review these Terms carefully as they form a contract between you and ItGetsBetter. From time to time, ItGetsBetter may decide to modify, add, or delete portions of these Terms. If it does so, your continued use of the Services after any such changes have been made means you agree to such changes.

 

2. Privacy

These Terms incorporate by reference ItGetsBetter’s Privacy Policy located here. Please read the terms of the Privacy Policy carefully as you agree to them when you use the Services.

 

3. Limited License.

Subject to these Terms, you may use the Services, including accessing and viewing content from this website on your computer or other device, submitting content, and making single copies of the content on this website for your own personal use, provided that you do not:

• Post content that is abusive, hateful, or embarrassing to any other person or entity;

• Use the Services to harm or harass anyone or any group;

• Contact anyone who has asked not to be contacted;

• Impersonate any person or entity;

• Post irrelevant content or post content in inappropriate categories;

• Post content that is directed to people younger than 13 years of age;

• Delete, otherwise revise or improperly interfere with any content posted by any other user;

• Post content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;

• Post content that is obscene or sexually explicit;

• Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on ItGetsBetter’s infrastructure;

• Employ any data-mining or data-extraction tools;

• Copy or adapt the HTML code used to generate this website;

• Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this website;

• Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;

• Interfere with or attempt to interfere with the proper working of this website;

• Circumvent, disable, or otherwise interfere with security-related features of this website;

• Violate any applicable laws, rules, or regulations in any jurisdiction;

• Access data not intended for you or log into a server or account that you are not authorized to access;

• Advertise products;

• Post chain letters, “junk mail,” “spam,” or pyramid schemes;

• Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information; or

• Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this website.

 

4. Linking to this Website.

You may link to any content on this website. If you are interested in reprinting, republishing or distributing content from ItGetsBetter, please contact ItGetsBetter to obtain written consent.

 

5. Proprietary Rights.

As between you and ItGetsBetter (unless otherwise provided in these Terms and excluding any User Content you submit) ItGetsBetter or its licensors own all content on this website including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. This content is protected by copyright, trademark, trade dress, moral rights or other intellectual-property regimes.

 

6. User Content.

ItGetsBetter encourages you and other users to contribute content to this website including, without limitation, videos and textual narratives that share your stories of hope with LGBT teens and associated comments thereto (“User Content”). When you view User Content and comments submitted by other users, keep in mind that such User Content may not necessarily represent your own view or the view of ItGetsBetter. While ItGetsBetter encourages User Content that is supportive and helpful, through your use of the Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.

 

7. Your User Content

You understand that when you submit User Content, you are granting ItGetsBetter a license to display the User Content in connection with the Services or otherwise as set forth in these Terms, and, whether or not your User Content is published on the website, ItGetsBetter guarantees no confidentiality or anonymity with respect to your User Content. While you don’t have to include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, (or other identifying information in the background of your video) you understand and agree that this information may be displayed on the ItGetsBetter website along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing. If your User Content is a video, you can disable access to that User Content by deleting it from your YouTube account. If you your User Content is a textual narrative or other form of User Content, you can disable access to that User Content by contacting ItGetsBetter via email at brian@artistsgiveback.org with a written request to disable access to your User Content, including sufficient details in your request for ItGetsBetter to identify and disable such User Content.

You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the ItGetsBetter website, you grant ItGetsBetter a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of ItGetsBetter. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the Services a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, link to and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.

ItGetsBetter reserves the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. ItGetsBetter has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Services.

 

8. Submitted Materials.

Unless specifically requested, ItGetsBetter does not wish to receive any confidential, proprietary, or trade secret information from you via the website (including via contact email made available on the website). Accordingly, if you send ItGetsBetter any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”) you grant ItGetsBetter a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send ItGetsBetter any Submitted Material you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send ItGetsBetter any Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize ItGetsBetter to use Submitted Material as permitted by the license in this Section.

 

9. Third Party Websites.

The Services may contain links to third party websites that take you outside of the ItGetsBetter website and the Services (“Linked Sites”). For example, if you upload or share a video on this website, you must do so by means of your YouTube account. Accordingly, when you upload and share a video on this website you are also subject to YouTube’s terms of service and privacy policy. ItGetsBetter has no responsibility for the information, content, products, services, advertising, code or other material which may be provided through the Linked Sites, so use common sense as you navigate the web, be aware when you leave this website and read the applicable legal documents for each website you visit.

 

10. Indemnification.

You will defend, indemnify, and hold harmless ItGetsBetter, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the website.


11. Disclaimers.

ITGETSBETTER MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. ITGETSBETTER DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

12. Limitation of Liabilities.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL ITGETSBETTER (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF ITGETSBETTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ITGETSBETTER’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

13. Release.

If you have a dispute with one or more users, you release ItGetsBetter (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

 

14. Claims of Infringement.

ItGetsBetter respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, ItGetsBetter will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. ItGetsBetter will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ItGetsBetter’s Copyright Agent the following information:

 

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

• Provide your mailing address, telephone number and, if available, email address.

• Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Provide your full legal name and your electronic or physical signature.

• Deliver this Notice, with all items completed, to ItGetsBetter’s Designated Copyright Agent:

Brian J. Pines

IOLA Foundation

8315 Beverly Blvd., Suite 101

Los Angeles, CA 90048

While ItGetsBetter considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

 

15. Termination.

  Either of us may terminate this Terms of Use at any time. You may terminate this Terms of Use by disabling all of your User Content from this website and by discontinuing your use of the Services and access to the website. ItGetsBetter may disable or bar your access to the Services and this Website and/or may generally cease providing the Services and this website at any time.

 

16. General.

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. ItGetsBetter may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and ItGetsBetter. ItGetsBetter does not guarantee continuous, uninterrupted or secure access to this website or the Services, and operation of the websites may be interfered with by numerous factors outside of its control. ItGetsBetter’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and ItGetsBetter with respect to the subject matter hereof. Sections 5 (Proprietary Rights); 8 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liability); 13 (Release); and 16 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

 

17. Contact Us.

If you have questions about these Terms or the Services, you may contact ItGetsBetter at info@itgetsbetter.org.