Terms of Use
This document is entered into by and between you and Friends World
Media and its webcasting portal, www.speakingtruth.org, a sponsored
project of the Quaker Institute for the Future, a 501(c)(3) exempt
organization (herein, FWM/QIF).
By using the SpeakingTruth.org service, you are entering into this
Agreement with FWM/QIF and indicating that you agree to be bound by
these terms and conditions. If you do not agree with these terms and
conditions, please do not use the Service.
- Description of Service. SpeakingTruth.org (the "Service") is a
free service from FWM/QIF.
You understand and
agree that the Service is provided on an AS IS and AS AVAILABLE
basis. FWM/QIF disclaims all responsibility and liability for the
availability, timeliness, security or reliability of the Service. FWM/QIF also reserves the right to modify, suspend or discontinue the
Service with or without notice at any time and without any liability
to you.
- Proper Use. You agree that you will use the Service in
compliance with all applicable local, state, national, and
international laws, rules and regulations. You shall not, shall not
agree to, and shall not authorize or encourage any third party to: (a)
use the service to harass other users; (b) prevent others from using
the Service; (c) use the Service for any fraudulent or inappropriate
purpose. Any violation of the above may result in immediate
termination of this Agreement, and may subject you to state and
federal penalties and other legal consequences. FWM/QIF reserves
the right, but shall have no obligation, to investigate your use of
the Service in order to determine whether a violation of the Agreement
has occurred or to comply with any applicable law, regulation, legal
process or governmental request.
- Personal Use. The Service is made available to you for
your personal use only. You must provide current, accurate
identification, contact, and other information that may be required as
part of the registration process and/or continued use of the
Service. You are responsible for maintaining the confidentiality of
your Service password and account, and are responsible for all
activities that occur thereunder.
- Children's Online Privacy. Due to the Children's Online Privacy
Protection Act of 1998, you must be at least thirteen (13) years of
age to create a user account and contribute content. It is acceptable for a
parent or adult mentor to post content on your behalf.
- User Representations and Warranties. You represent and
warrant that (a) all of the information provided by you to participate
in the Services is correct and current; (b) all of the information
provided by you about debts and credits between you and other members
of the Service is correct and current; (c) you have all necessary
right, power and authority to enter into this Agreement and to perform
the acts required of you hereunder.
- Refusal of service; Termination; Suspension. FWM/QIF reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice for any reason.
- Privacy. As a condition to using the Service, you agree to the
terms of the
privacy policy
as it may be updated from
time to time. We understand that privacy is important to you. You do,
however, agree that FWM/QIF may monitor, edit or disclose your
personal information, including the content of your emails, if
required to do so in order to comply with any valid legal process or
governmental request (such as a search warrant, subpoena, statute, or
court order), or as otherwise provided in these Terms of Use and the
Privacy Policy. Personal information collected by FWM/QIF
may be stored and processed in the United States or any other
country in which FWM/QIF or its agents maintain facilities. By
using the Service, you consent to any such transfer of information
outside of your country.
- Warranty. FWM/QIF does not represent that the Service is
reliable, accurate, complete, or otherwise valid. THE SERVICE IS
PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE
AT YOUR OWN RISK. FWM/QIF EXPRESSLY DISCLAIMS ANY WARRANTY,
EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT.
- Damages. UNDER NO CIRCUMSTANCES WILL FWM/QIF BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE
SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL FWM/QIF BE LIABLE
TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS
AGREEMENT.
- Indemnification. You agree to hold harmless and indemnify FWM/QIF, and its employees, agents and representatives, from and
against any third party claim arising from or in any way related to
your use of the Service, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits,
judgments, litigation costs and attorneys' fees, of every kind and
nature.
- Liability. To the maximum extent permitted by applicable law,
you hereby release, and waive all claims against FWM/QIF and
its employees and agents from any and all liability for claims,
damages (actual and consequential), costs and expenses (including
litigation costs and attorneys' fees) of every kind and nature,
arising out of or in any way connected with use of the Service.
- Modifications to the Agreement. FWM/QIF shall have the right
to modify the terms of this Agreement at any time. The new agreement
shall be effective immediately.
- Severability. If any provision of this Agreement is held to be
invalid or unenforceable, such provision shall be deemed superseded by
a valid enforceable provision that most closely matches the intent of
the original provision and the remaining provisions shall be enforced.
- Exercise. The failure of FWM/QIF to exercise or enforce any
right or provision of these terms and conditions shall not constitute
a waiver of such right or provision.
- Choice of Law; Jurisdiction. This agreement shall be interpreted
in accordance with the laws of the State of California, and any suit
hereunder shall be initiated in the courts of the county of Alameda.
- Entire Agreement. This Agreement constitutes the entire
agreement between FWM/QIF and you with respect to the subject
matter hereof.
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