III. USE OF THE WEBSITES AND WEBSITE CONTENT
(a) License to Use the Websites
(b) Website Accounts
Certain areas of the Websites are accessible only by entering a validly issued username and password. You may not access any password protected areas of the Websites without proper authorization. In the event that you have been issued a valid username and password, you acknowledge and agree that MKP has granted you limited access to specific information or materials relating to your account solely for your lawful, personal, non-commercial, and informational purposes. The material in the password protected areas is confidential to MKP members only. By accessing the password protected areas of the websites you agree to maintain this confidentiality. Requests to share confidential information may be directed to email@example.com. You should take reasonable steps to protect the confidentiality of your username and password, and you should immediately notify MKP if you become aware of any disclosure, loss, theft or unauthorized use of your username or password. MKP will not be liable for any loss or damage arising from your failure to comply with this Section III(b).
(c) Copyright Protection
The Websites (including all Website Content contained on the Websites) is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, MKP or the party listed as the provider of the applicable Website Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT IS PROHIBITED. You may download any downloadable Website Content only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Website Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Website Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:
© 2012 The ManKind Project. The MKP logo and all associated trademarks and logos used herein are trademarks of The ManKind Project. Other company and product names used herein are properties of their respective owners. All rights reserved.
“ManKind Project”, “New Warrior”, and “Changing the world one man at a time”, and other marks, product names and company names appearing on the Websites, are trademarks and service marks of MKP and/or their respective owners, and are protected by law. They may be used publicly only with permission from MKP. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
(e) Accuracy of Information
MKP strives to provide accurate and complete information about its business and its activities, and to provide updated information on the Websites; however, MKP does not warrant that any information on the Websites is complete or free from error.
(f) Links to Other Websites and/or Materials
Links may appear on the Websites that may be used to link to third party website(s) (“Linked Websites”). These links are provided solely as a courtesy to our Website visitors. MKP reserves the right to add, change, decline or remove any link at any time. MKP has no control over Linked Websites or the materials, information, goods or services available or contained on these Linked Websites and provides no warranty or endorsement with respect thereto. If you decide to access any of the Linked Websites, you do so entirely at your own risk.
IV. ONLINE PAYMENTS
Billing to your credit or debit card occurs at the time that you submit your payment information via the Website, or shortly thereafter. You acknowledge that you are responsible for all charges incurred by your use of the Websites and you expressly authorize MKP to charge your credit or debit card for any online donations or payments submitted by you via the Websites.
V. USER CONTENT
For the avoidance of doubt, this section applies only to User Content posted via Public Communications Features, and does not apply to submissions from users which are contributed to The ManKind Project Journal. All such submissions are pre-approved by MKP and are subject to our Submission Policies and Procedures available at http://mankindprojectjournal.org/submissions.
VI. PROHIBITED ACTIONS
Without limiting anything contained in Section V, you agree that you will not: (i) transmit any User Content that is unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Websites; (vi) interfere with or disrupt the Websites or servers or networks linked to the Websites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Websites; (vii) violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the Websites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Websites for commercial purposes without our prior written consent; (x) solicit other guests of the Websites to become members of any commercial on-line service or other group or organization without first obtaining our express written consent; or (xi) use information, email addresses, or data from our collective databases for promotion of events or services without prior written consent.
VII. DISCLAIMERS AND LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY LAW, THE MKP PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITES, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY INJURY OR DAMAGE RESULTING FROM ANY MISTAKES, INTERRUPTION, OMISSION, DELETION OR OTHER DATA LOSS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, COMMUNICATION-LINE FAILURE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions the MKP Parties’ liability is limited to the extent permitted by law, thereby minimizing the MKP Parties’ liability to you to the lowest amount permitted by applicable law.
VIII. DISPUTE RESOLUTION
(a) Governing Law and Jurisdictional Issues
This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Websites are controlled and operated from MKP’s offices at 7088 Burkitt Road
Antioch, TN 37013, United States of America. You may not use or export any of the Website materials in violation of U.S. export laws and regulations.
(b) Suggestions and Feedback
MKP welcomes feedback, testimonials or inquiries about our services or our organization. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of MKP.
(c) Interpretation and Entire Agreement
(d) Contact Us
The ManKind Project USA
PO Box 383
Kaysville, UT 84037