Terms of Use

TERMS OF USE AGREEMENT

This Terms of Use Agreement (these “Terms of Use”) is a binding legal contract between you (“You” or “Your” either an individual or a legal entity) and the Take Back The Night Foundation® (“TBTNF,” also doing business as Take Back The Night and TBTN). These Terms of Use govern Your access to and use of the web sites, media, apps, in-app services, and any other cloud services offered by TBTNF including without limitation our web site and any media, software, programs, services, tools, features, databases, materials, content, features, products, apps, in-app services, or information available on, sold on, through, or used in connection with it (collectively, the “Services” and each a “Service”). By downloading, accessing, or using any part of the Service You have accessed, You will be bound by these Terms of Use. If You do not agree to these Terms of Use, TBTNF is not willing to grant You any right to use or access the Service. In such event, You are not granted permission to access or otherwise use the Service and are instructed to exit the Service immediately. If You are using the TBTNF Hotline or Legal Intake Form, Your use is governed by both these Terms of Use and the Hotline Terms of Use located on the Legal Intake Form. If You are using any of our other forms, services, products, and/or resources, You are also agreeing to any additional Terms of Use related to these items. Please read all Terms of Use before using any item, as once You use or access the item, You are agreeing to the Terms of Use.

TBTNF may change, add, or remove portions of the Terms of Use from time to time, and such changes shall become effective immediately upon posting. It is Your responsibility to review the Terms of Use prior to each use of the Service, and by continuing to use the Service, You agree to any changes, additions, and removals.

SERVICE ACCESS AND USE LICENSE

The Service You have accessed and all of its contents as a whole and in part are protected by copyright, trademark, service mark, trade name, and other intellectual property, and are owned or controlled by TBTNF, its affiliates, and licensors. The Service is licensed to You, not sold. Except for the limited license granted in these Terms of Use, TBTNF and its licensors retain all right, title, and interest in the Service and all proprietary rights in the Service, including without limitation copyrights, patents, trademarks, service marks, and trade names.

TBTNF may change, suspend, or discontinue any aspect of the Service at any time. TBTNF, its suppliers, and service providers reserve all rights not granted in these Terms of Use.

1. GRANT OF LICENSE. TBTNF grants You a personal, revocable, nontransferable, nonexclusive license to use the Service for personal, non-commercial purposes, conditioned on Your continued compliance with these Terms of Use.
2. LIMITATIONS ON LICENSE. The license granted to You in these Terms of Use is restricted as follows:
   1. 1. Limitations on Copying and Distribution. You may download or copy downloadable items displayed on the Service for personal, non-commercial use only, provided that You maintain and display all copyright, trademark, and other notices of TBTNF contained therein.
      2. Limitations on Use. You may use and access the Service solely for Your personal, non-commercial use. All use of the Service must be in accordance with these Terms of Use. You may not use, copy, store, reproduce, transmit, distribute, display, modify, alter, license, sublicense, or commercially exploit the Service or any contents, information, data, or materials provided through the Service in any manner not expressly permitted by these Terms of Use or the Service. You may not assign, sublicense, rent, timeshare, loan, lease, or otherwise transfer the Service, or directly or indirectly permit any third party to use or copy any of the Services. You may not: (i) use any “deep link,” “page scrape,” “robot,” “spider,” or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of the Service or in any way reproduce or circumvent the navigational structure or presentation of the Service to obtain or attempt to obtain any materials, documents, or information through any means not purposefully made available through the Service; (ii) attempt to gain unauthorized access to any portion or feature of the Service, including without limitation, the account of any other authorized user or any other systems or networks connected to the Service or to any server used by TBTNF or to any of the services offered on or through the Service, by hacking, password “mining,” or any other illegitimate or prohibited means; (iii) probe, scan, or test the vulnerability of the Service or any network connected to the Service, or breach the security or authentication measures on the Service, or any network connected to the Service; (iv) reverse look-up, trace, or seek to trace any information on any other authorized user of or visitor to the Service; (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service or systems or networks of TBTNF or networks connected to the Service; (vi) use any device, software, or routine to interfere with the proper working of the Service or any transaction being conducted on the Service, or with any other person’s use of the Service; (vii) use the Service to harvest or collect e-mail addresses or other contact information; (viii) market, co-brand, private label, separately distribute, resell, or otherwise permit third parties to access and use the Service without the express, separate, and prior written permission of TBTNF; (ix) create an intact reproduction of a page or pages of the Service into another service; or (x) use the Service in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact TBTNF.
      3. Non-Solicitation. You may not post or transmit through the Service any material which contains advertising or any solicitation with respect to products or services.
      4. Limitations on Reverse Engineering and Modification. You may not reverse engineer, decompile, disassemble, modify, or create works derivative of the Service or any materials accessed through the Service.
      5. Proprietary Notices. You may not remove any proprietary notices, including copyright and trademark notices, or labels from the Service on any materials accessed through the Service.
      6. Compliance with Applicable Law. You are solely responsible for ensuring Your use of the Service is in compliance with all applicable foreign, federal, state, and local laws, rules, and regulations.
3. USER OBLIGATIONS. By downloading, accessing, or using the Service in order to view information and materials or submit Material (as defined below) of any kind, You represent that You: (i) are at least eighteen (18) years of age, or between thirteen (13) and seventeen (17) years of age and using the Service with parental or legal guardian consent and supervision; (ii) are registered to the extent required, and have not been previously restricted, suspended, or terminated by TBTNF; and (iii) are not using another authorized user’s account without that person’s permission.
4. YOUR SUBMISSION OF CONTENT. The Service may contain comment areas, forms, questionnaires, tools, and other interactive features where You can share and display content, information, postings, materials, including without limitation, statements, music, poetry, written work, songs, artwork, photographs, video, logos, designs, images, and other creative or artistic works (collectively “Materials”). You are solely responsible for any Materials You provide. By submitting Materials to the Service, You warrant that You have all necessary rights to grant, and automatically grant to TBTNF and its affiliates a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully sublicensable right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, publicly display, publicly perform, translate, and distribute such Materials (in whole or in part) and/or to incorporate them in other works in any form, media or technology now known or developed in the future for any purpose of its choosing. You also permit any other users of the Service to access, view, store, or reproduce Your Materials and content for that user’s personal, non-commercial use. TBTNF will not be required to treat any Materials as confidential other than the special confidentiality for submissions made using the Legal Intake Form or by calling the National Sexual Assault Legal Hotline, and You grant to TBTNF the right to edit, copy, display, publish, and distribute any Materials made available via the Service by You, without compensation to You or any other party submitting the Materials for You. Moreover, and except as provided in these Terms of Use with respect to the right and ability of TBTNF to delete or remove Materials, TBTNF does not endorse, oppose, or edit any opinion provided by You or any other user and does not make any representation with respect to, nor does it endorse the accuracy, completeness, timeliness, or reliability of any Materials displayed, uploaded, linked to, or distributed by You or any other user. You agree that by using the Service, You will not post or transmit any of the following:
   1. 1. anything that interferes with or disrupts the Service or its operation;
      2. Materials that are vulgar, obscene, indecent, profane, or otherwise objectionable or offensive, defamatory, libelous, unlawful, threatening, abusive, harassing, misleading, or false;
      3. unauthorized copyrighted materials, or any other material that infringes on the intellectual property rights, rights of publicity or personality, trade secrets, confidentiality, or privacy of others;
      4. Materials that encourage criminal conduct or that would give rise to civil liability or otherwise violate any law or regulation in any jurisdiction;
      5. Materials that harm minors;
      6. Materials that impersonate any other person or entity, whether actual or fictitious, or that misrepresent Your affiliation with any entity; or
      7. files that contain malicious code, viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer, electronic device, network, or the Service.

5. CHILDREN’S ONLINE PRIVACY PROTECTION. We are concerned about the safety and privacy of children who use the Internet. Consistent with the Children’s Online Privacy Protection Act of 1998, we will never knowingly request Personally Identifiable Information from anyone under the age of 13 without prior verifiable parental consent. If we become aware that a child under 13 has provided us with Personally Identifiable Information through the Sites without verifiable parental consent, we will use our best efforts to remove such information from our files. If a parent or guardian becomes aware that their child has provided us with Personally Identifiable Information through the Sites without verifiable parental consent, they should contact us at the address listed above.
6. OTHER TERMS AND CONDITIONS. Additional notices or terms and conditions may apply to receipt of services, participation in a particular program, sweepstakes, training, authorized user registration to other specific portions or features of the Service, all of which are made a part of these Terms of Use by this reference. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Service, the latter terms shall control with respect to Your use of that portion of the Service.
7. LINKS TO OTHER SERVICES. TBTNF may provide links, in its sole discretion, to other services. TBTNF is not responsible for the availability of these outside resources or their contents. TBTNF expressly disclaims any responsibility for the content, materials, accuracy of information, and/or the quality of the products or services provided by, available through, or advertised on these third-party services, or the products or services provided by any third party.
8. LINKS TO THIS SERVICE. You may link to the Service provided that You do so in a way that indicates that the link is direct to a TBTNF Service and is fair and not misleading. You may not integrate or make use of all or part of the Service in ways that would confuse or mislead visitors as to the nature and origin of the Service’s content.
9. PASSWORDS and SECURITY. Should TBTNF offer registration by You as an authorized user for access to certain areas of the Service, this may require both a username and a password (“Authorized User Credentials”). You may also have to provide certain registration information, all of which must be accurate and updated. You are not allowed to share or give Your Authorized User Credentials to anyone else. You are responsible for maintaining the confidentiality of Your password. You agree not to use another person’s Authorized User Credentials or select Authorized User Credentials: (i) with the intent to impersonate another person; (ii) subject to the rights of another person without authorization; (iii) in violation of the intellectual property rights of another person; or (iv) that TBTNF, in its sole discretion, deems inappropriate or offensive or discriminates on the basis of race, color, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. You acknowledge and agree that You shall have no ownership or other property interest in Your account and/or username, and You further acknowledge and agree that all rights in and to Your username and account are and shall forever be owned by and inure to the benefit of TBTNF. Failure to comply with the foregoing shall constitute a breach of these Terms of Use, which may result in immediate suspension or termination of Your Authorized User Credentials. TBTNF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THESE OBLIGATIONS. TBTNF reserves the right to delete or change Authorized User Credentials (with or without notice) at any time and for any reason.
10. TERMINATION. These Terms of Use and Your license to use the Service will take effect the moment You install, access, or use the Service and will be in effect until terminated as set forth below. This license will automatically terminate in the event You breach any of these terms. Termination will be effective without notice. You may terminate these Terms of Use at any time by ceasing to use the Service. All applicable provisions of these Terms of Use as identified below will survive termination. Upon termination, You must destroy all copies of any aspect of the Service in Your possession. The following will survive termination of these Terms of Use for any reason: (i) the General section below; (ii) the provisions concerning rights in Your Materials that You have granted to TBTNF; and (iii) TBTNF’s proprietary rights, indemnity, disclaimers of warranty, limitation of liability, and governing law.
11. WARRANTY DISCLAIMER. You expressly agree that use of the Service is at Your sole risk, and You assume all risk. The Service and its information, content, materials, products, services, and user content is provided on an “as available,” “as is” basis. To the maximum extent permitted by law, TBTNF and its licensors disclaim all warranties with respect to the Service, including, but not limited to, the implied warranties of non-infringement, title, merchantability, quiet enjoyment, quality of information, fitness for a particular purpose, and results that may be obtained from use of the Service. TBTNF does not endorse, recommend, or make any warranties as to the content, information, materials, user materials, features, services, products, opinions, or statements available on or through the Service or through links on the Service. TBTNF does not warrant that the Service will meet Your requirements, or that the operation of the Service will be uninterrupted or error-free, or that defects in the service will be corrected. You specifically acknowledge that TBTNF is not liable for the defamatory, offensive, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with You.
12. OTHER DISCLAIMERS. Content on the service is not intended to substitute for professional advice of any kind. In particular, nothing contained on the service is or should be considered, or used as a substitute for medical advice, diagnosis, or treatment. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding personal health or medical conditions. Never disregard or avoid professional medical advice or delay in seeking it because of something You have read, heard, or seen on the Service.
    TBTNF does not represent or warrant that product information on the Service is accurate or complete, as information may be provided by product manufacturers or suppliers, and on occasion manufacturers may modify their products and update their labels. We recommend that You do not rely solely on the information presented on the Service and that You consult the product’s label or contact the manufacturer directly if You have a specific concern or question about a product.
13. LIMITATION OF LIABILITY. To the maximum extent permitted by law, in no event will TBTNF or its suppliers/licensors be liable to You or any third party for any direct, special, incidental, consequential, punitive, or indirect damages (whether in contract, tort (including negligence), or otherwise), which include, without limitation, damages for personal injury, lost profits, lost data, and business interruption, arising out of the use of, or inability to use, the Service, its content or products, or any of its third party content or products available or sold on or through the Service, even if TBTNF has been advised of the possibility of such damages. In any case, the entire liability of TBTNF and its suppliers/licensors under these terms of use for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) is limited to the amount paid by You, if any, for access to the Service.Some states do not allow the exclusion of incidental or consequential damages, or the limitation on how long an implied warranty lasts, so some of the above may not apply to You.
14. ONLINE SHOPPING. All product and service descriptions and depictions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Service does not imply or warrant that such products or services will be available. In the event a product or service available on or through the Service is listed at an incorrect price or with incorrect information, TBTNF will have the right to refuse or cancel any orders placed for the product or service listed at the incorrect price, whether due to a typographical error, an error in information received from TBTNF’s suppliers or providers, or otherwise. Your receipt of an electronic or other form of order confirmation neither signifies TBTNF’s acceptance of Your order, nor constitutes confirmation of TBTNF’s offer to sell. TBTNF reserves the right at any time after receipt of Your order to accept or decline Your order for any reason. TBTNF may charge and withhold the applicable sales tax for orders, otherwise. You are solely responsible for all sales or other taxes, on orders shipped to You. If You wish to purchase any product made available through the Service, You may be asked to supply certain information relevant to such transaction including, without limitation, Your credit card number, its expiration date and security code, the billing address, and any shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such credit card or payment information, You grant to TBTNF the right to provide such information to third parties for purposes of facilitating the completion of any transactions initiated by You or on Your behalf. Verification of information may be required prior to the acknowledgment or completion of any such transaction. It is Your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any product or service purchased from the Service. By placing an order, You represent that the products and services ordered will be used only in a lawful manner pursuant to any additional terms that may accompany them. Except as otherwise set forth herein, the risk of loss for and title to products or services purchased on the Service passes to You upon electronic transmission to the recipient or delivery to the carrier, as applicable.Business customers desiring to place multiple or large orders may be required to submit a Credit Approval and Purchase Order form. Customers who are approved for credit extensions will receive an invoice following order shipment. Invoices are produced four (4) times monthly so there may be more than one (1) order on an invoice for the same bill-to address and the same or different ship-to addresses. We do not send invoices to addresses outside the United States and its territories.You may opt into Electronic Invoice Delivery for the established account. You will provide a valid email address on Your Credit Approval and Purchase Order form. You will receive a link in the email to a PDF copy of Your invoice. The link expires thirty (30) days from receipt of the email. You confirm that You are authorized to opt-in to electronic invoice delivery of TBTNF Store invoice(s) on behalf of You or Your organization to one (1) designated email address. You understand that You or Your organization will not receive an invoice via postal mail after You have been successfully enrolled in electronic delivery. If the billing contact or invoice delivery email address changes for Your account, You will update that information by contacting Billing Support at inspire@takebackthenight.org. You or Your organization is responsible for payment regardless of receipt of the electronic invoice. If invoices are not received as expected, You understand that it is Your responsibility to contact Billing Support.Payment Terms are as described for each product or service. Past due amounts shall be subject to collections actions and may be referred to an external collections agency which will result in the termination of Your invoicing privileges. Credit card payment will be required if invoicing privileges are suspended or terminated.TBTNF reserves the right to change its prices and related policies in its sole discretion at any time, which changes shall be posted here. It is Your responsibility to keep apprised of these Terms of Use.
15. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE. TBTNF is committed to complying with copyright and related laws and requires all users of the Service to comply with these laws. Accordingly, You may not store any material or content or use or disseminate any material or content though the Service in any manner that constitutes an infringement of third-party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of TBTNF to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to TBTNF by the copyright owner or the copyright owner’s legal agent.If You feel that a posted message is objectionable or infringing, TBTNF encourages You to contact TBTNF immediately. Upon TBTNF’s receipt of a proper written notice of claimed infringement under the DMCA, TBTNF will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow all other relevant procedures specified in the DMCA with regard to the claimed infringement. The designated agent of TBTNF (i.e., the proper party) to whom You should address such notice is listed below.
    If You believe that Your work has been copied and posted using the Service in a way that constitutes copyright infringement, please provide TBTNF with a written communication containing the following information:

1. 1. 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right in the copyright that is allegedly infringed;
      2. a link to the United States Patent and Trademark website page where the trademark for the work is listed as currently valid and held by You;
      3. a description of the copyrighted work that You claim has been infringed;
      4. a description of where the material that You claim is infringing is located to permit TBTNF to locate the material;
      5. Your address, telephone number, and email address;
      6. 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; and
      7. a statement by You, made under penalty of perjury, that the information contained in Your report is accurate and that You are the owner of the exclusive right in the copyright that is allegedly infringed or authorized to act on the owner’s behalf. TBTNF’s designated agent for notice of claims of copyright infringement can be reached as follows: Take Back The Night Foundation
         Attn: Legal Affairs
         PO Box 332
         Wayne, PA 19087

1. 1. 16. INTERNATIONAL USERS. While all Services are controlled and operated within the United States, the Services may be distributed internationally. TBTNF makes no representation that content, materials, or products available on or through the Services are appropriate or available for use outside of the United States. If You access or use a Service from a location outside the United States, You are responsible for compliance with applicable laws, including local laws regarding online conduct and content and product use, national laws and policies, and U.S. export laws and regulations.
   3. 17. MONITORING. TBTNF has the right, but not the obligation, to monitor the content of the Service (including any social or chat forum or tools, services, or functions that enable the sharing, display, or performance of any Material), to determine compliance with these Terms of Use and any operating rules established by TBTNF, and to satisfy any law, regulation, or authorized government request. TBTNF has the right and sole discretion to edit, refuse to post, or remove any Materials submitted to or posted on or within the Service, including, without limitation, the right to remove any Materials that TBTNF, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
   4. 18. INDEMNIFICATION. You agree to indemnify, defend, and hold TBTNF and its affiliates and its and their respective governors, directors, officers, employees, volunteers, and agents harmless from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses (including reasonable attorneys’ fees and costs) arising out of Your use of the Service.
   5. 19. PRIVACY POLICY. You understand, acknowledge, and agree that the operation of certain programs, services, tools, purchase options, materials, or information in the Service requires the submission, use and dissemination of various personal identifying information. Accordingly, if You wish to access and use those programs, services, tools, materials, purchase options, or information of the Service, You acknowledge and agree that Your use of the Service will constitute acceptance of the personal identifying information collection and use practices contained in the privacy policies posted on the Service.
   6. 20. TRADEMARK INFORMATION. The TBTNF name and logo are federally protected and registered marks of TBTNF and protected under United States Code, Title 18, Section 706. All other trademarks displayed on this Service or through links to other services are the property of the respective trademark owners.
   7. 21. GENERAL. These Terms of Use are governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, as applied to agreements entered into and wholly performed within the Commonwealth of Pennsylvania between the Commonwealth of Pennsylvania residents. Any action or proceeding brought by You or TBTNF shall be brought only in a court of competent jurisdiction located in the Commonwealth of Pennsylvania, and You and TBTNF agree to submit to personal jurisdiction of those courts for purposes of any action or proceeding. These Terms of Use shall not be governed by the 1980 U.N. Convention on Contracts for the International Sale of Goods. These Terms of Use constitute the entire understanding and agreement between TBTNF and You with respect to the Service and any transactions contemplated in these Terms of Use and supersede all prior or contemporaneous oral or written communications with respect to the subject matter of these Terms of Use, all of which are merged into these Terms of Use. You may not modify, amend, or alter in any way these Terms of Use. In the event any provision of these Terms of Use is found to be invalid or unenforceable pursuant to judicial decree, the remainder of these Terms of Use will remain valid and enforceable according to its terms. Any failure by TBTNF to strictly enforce any provision of these Terms of Use will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of these Terms of Use. IT IS EXPRESSLY UNDERSTOOD AND AGREED THAT IN THE EVENT ANY REMEDY HEREUNDER IS DETERMINED TO HAVE FAILED ITS ESSENTIAL PURPOSE, ALL LIMITATIONS OF LIABILITY AND EXCLUSIONS OF DAMAGES WILL REMAIN IN EFFECT.
      

Revised 2022.