Last updated June 2, 2010
Terms of Use
By using this website, (www.dayoneny.org) (the “Site”), you are knowingly and willingly agreeing to be bound by these Terms of Use and understand that these Terms of Use shall constitute a binding and enforceable contract between you and Day One LLC (“Day One”). These Terms of Use set forth the terms and conditions under which you may access and use the Site. If you do not agree to these Terms of Use, you may not use this Site.
Please read these Terms of Use carefully before reading, commenting on, downloading, copying, reproducing, altering materials of any kind, subscribing to, and linking to (heretofore collectively termed “using”) this Site. Using this Site indicates that you accept these Terms of Use. If you do not accept these terms, do not use this Site. Day One may, in its sole discretion and at any time, modify these Terms of Use, in whole or in part, by posting a modified Terms of Use. Your continued use of the Site following the posting of changes will operate as an acknowledgement of your acceptance of the then current Terms of Use. These Terms of Use will include the date Day One last updated the Terms of Use.
Legal Liability. When you choose to go public with your opinions via the Internet (e.g., a blog), you are legally responsible for your commentary. Individual bloggers can be held personally liable for any commentary deemed to be defamatory, obscene, proprietary, or libelous. For these reasons, bloggers should exercise caution with regards to exaggeration, colorful language, guesswork, obscenity, copyrighted materials, legal conclusions, and derogatory remarks or characterizations. You agree that you are responsible for your own use of the Site, for any posts you make, and for any consequences thereof. You agree that you will use the Site in compliance with all applicable local, state, national, and international laws, rules and regulations.
Privacy. It is a goal to respect the privacy of all users of the Site. Posts may be edited to maintain privacy of specific individuals. The Privacy Policy [INSERT HYPERLINK] contains additional information about how your information (including information that will not be publicly viewable) will and will not be used.
Site and Blog Content. Posts authored by visitors to the Site or Day One employees or contributors constitute that individual’s personal opinion. The content of this Site is intended to raise awareness and promote discussion of relationship abuse in youth relationships. If you are concerned that the content may be harmful to victims/survivors, please contact us at blog@dayoneny.org. Please note that disagreeing with the Site content does not constitute sufficient grounds to request its removal. Given the extremely sensitive nature of this Site’s focus, Day One reserves the right (but has no obligation) to review and edit posts before their publication. Any reliance on material posted via the Site will be at your own risk. You understand and agree that the materials provided on the Site are provided to you on an AS IS and AS AVAILABLE basis. Day One disclaims all responsibility and liability for the availability, timeliness, security or reliability of any information on the Site and reserves the right to modify, suspend or discontinue the Site with or without notice at any time and without any liability to you.
Intellectual Property Policy. You acknowledge that Day One or its Licensors own all right, title and interest in and to the Site including all text, images and content posted by Day One on this Site including all intellectual property rights (the “Day One IP”). Day One IP are protected by U.S. and international intellectual property laws. All logos and trademarked items are property of their respective owners. You are not allowed to reproduce, sell, and modify any part of this Site. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Site, except as otherwise explicitly permitted hereunder. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Site.
By submitting, posting or displaying any content on or through the Site which are intended to be available to the members of the public, you grant Day One a worldwide, non-exclusive, royalty-free license to reproduce, publish and distribute such content on the Site or any other Day One websites. Day One furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any content submitted.
You are welcome to link to this Site and discuss its content in a respectful manner provided that any such linking requires proper acknowledgement and direct identification of Day One and other source identifiers. Be sure to include the following for proper attribution: Day One: http://www.dayoneny.org.
You are not authorized to use this content for personal profit.
Forbidden Actions. You are not authorized to:
- use this Site to advertise for products of any kind or for other blogs or websites
- use this Site to infringe another Person’s copyright or other intellectual property right
- attack this Site using malicious software and/or use this Site for data mining
- commit any illegal actions against or while using this Site
- restrict access or impede the normal functioning of this Site
- menace with or cause physical and/or financial harm to Day One, the individual contributors or users of this Site.
Day One takes no responsibility for third-party content on the Site. Day One reserves the right at all times to remove or refuse to distribute any content on the Site, such as content which violates the terms of these Terms of Use. Day One also reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, (d) respond to user support requests, or (e) protect the rights, property or safety of Day One, its contributors, users of this Site and the public. Day One will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Use.
Representations and Warranties. You represent and warrant that (a) all of the information provided by you to Day One is correct and current; and (b) you have all necessary right, power and authority to enter into these Terms of Use and to perform the acts required of you hereunder.
Limitations of Liability. In using this Site, you agree not to consider its content a suitable substitute for professional advice. In no event shall Day One be liable under this agreement for any damages or losses. Without limiting the foregoing, Day One shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of Day One, including but not limited to governmental action, labor conditions, power failures, natural and/or man-made disasters.
Obligation to Indemnify. You agree to indemnify, defend and hold Day One, its affiliates, officers, agents, employees, successors and assigns individual contributors and applicable third parties (collectively “Indemnified Person(s)“) harmless from and against any and all third party claims, liability, loss, and expense including damage awards (actual and consequential), settlement amounts, and reasonable litigation costs and legal fees of every kind and nature, brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Site and/or your breach of any term of these Terms of Use.
Termination; Suspension. Day One may, in its sole discretion, at any time and for any reason, terminate the Site, terminate these Terms of Use, or suspend or terminate your use of the Site.
Choice of Law; Jurisdiction; Forum. These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without giving effect to its conflict of laws provisions or your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Site will be brought solely in New York, borough of Manhattan and you consent to the jurisdiction of such courts.
Legal Notices and Contact Information. If you intend to carry out legal action of any kind against the Site or Day One, you are required to contact Day One seven (7) business before any legal claim is made. Please remember that the Day One means to DO NO HARM to You or anyone else by operating this Site. It is our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If you believe that your copyright has been infringed on the Site, please contact us at info@dayoneny.org.