Speaking Truth Privacy Policy
Speaking Truth, Inc. (“Speaking Truth”, “we” or “us”) is an Arizona nonprofit corporation whose primary business is to: (a) develop and provide a website for support to persons affected by slave ownership in their family history; and (b) develop, prepare and distribute educational and informative literature concerning the issues of enslavement (“Project”). This Privacy Policy sets forth the manner in which we use and protect personal identifying information (such as first and last name, email address, information entered on online forms, or ancestors’ first and last names).
Limited Information Collection and Purpose. The sole purpose of the website is to collect and publicize, with permission, participants’ stories about their ancestors who were slave owners, understanding that participants may select to have us publicize their story without identifying them or using their name or likeness. The personal identifying information that we collect is that which a participant in the Project voluntarily provides to us. Participants’ stories will be accessible to the public on the website.
We do not collect non-personal identifying information (such as IP addresses, “cookies” and web server log files). We also do not use social media. Other than your story posted on the website for public viewing, we do not provide any personal identifying information to third parties not associated with Speaking Truth. Finally, we do not seek donations or sell anything of any kind through the website.
For more information, contact:
Speaking Truth User Agreement
This User Agreement governs the use of Speaking Truth’s website (“Website”) and is binding on all persons, entities or computer programs that access the Website. The sole purpose of the Website is to collect and publicize stories from persons whose ancestors who were slave owners (“Project”). “User” or “you” as used in this User Agreement means a person who participates in the Project as well as anyone who accesses the Website.
Please read this User Agreement carefully. Your access, visitation or use of the Website will constitute your agreement to this User Agreement. If you do not agree with the terms and conditions of this User Agreement, you may not access, visit or use the Website.
Speaking Truth may modify this User Agreement from time to time. Your continued use of the Website will constitute your acceptance of any changes or revisions to them.
User Generated Content. To participate in the Project, you must complete an online application. Speaking Truth, in its complete and sole discretion, may either accept your application or decline to do so for any reason. If Speaking Truth accepts your application to participate in the Project, content in your application along with additions to it that you provide, including photos, letters, videos, audio recordings and your likeness, may be posted to the Website (“User Generated Content”).
Speaking Truth assumes no liability for User Generated Content. Speaking Truth has the right, but not the duty, to monitor, edit and delete User Generated Content. Speaking Truth takes no responsibility and assumes no liability for any User Generated Content that you provide Speaking Truth in your Project application or otherwise to post on the Website. You are solely responsible for your User Generated Content and the consequences of posting or publishing it, including obtaining any intellectual property right permissions. You agree that Speaking Truth is only acting as a passive conduit for the online distribution and publication of your User Generated Content. You understand and agree that you may be exposed to User Generated Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. You agree that Speaking Truth and its directors, officers, officials, employees, contractors and agents will not be liable for any damages you allege to incur as a result of content on the Website, including User Generated Content.
Speaking Truth may use User Generated Content for any purpose. By sending or otherwise making available User Generated Content, or engaging in any other form of communication with Speaking Truth (through the Website or otherwise), you irrevocably grant Speaking Truth a royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, enhance, reformat, rearrange, create derivative works of, remove, delete, erase, publish, post, display, distribute, broadcast, perform, transmit, or otherwise provide to others, use, or change all such User Generated Content and communications, in any medium (existing now and in the future) for any purpose. Among other things, this means that we may use ideas, suggestions, or developments that you make available to us in any form in any manner that we see fit without compensation or attribution to you.
Speaking Truth is not responsible for the consequences of your User Generated Content. Please be aware that any User Generated Content you provide for the Project will be publicly accessible on the Website, including your name or likeness should you choose to allow Speaking Truth to post your story using your name or likeness. You understand and acknowledge that participating in the Project may subject you to social media trolling, defamation, memes, and other forms of public ridicule as well as to threats of harm to you and your family. WE (Speaking Truth and its directors, officers, officials, employees contractor, volunteers and agents) ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF USER GENERATED CONTENT, CONTENT OR PERSONAL IDENTIFYING INFORMATION YOU PROVIDE TO US FOR THE PROJECT, INCLUDING THAT WHICH WE POST ON THE WEBSITE; AND YOU SPECIFICALLY WAIVE ANY DAMAGES AGAINST SPEAKING TRUTH AND ITS DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, CONTRACTORS, VOLUNTEERS AND AGENTS RELATING TO THOSE CONSEQUENCES.
User Responsibilities. You agree not to engage in any of the following prohibited activities or behaviors:
Post, upload, transmit, send or otherwise make available on or through the Website any content that constitutes junk mail, spam, phishing, advertising or commercial offers;
Use any language or post, upload, transmit, send or otherwise make available on the Website any User Generated Content about a person or group that is violent or that victimizes, degrades, defiles or disparages any person or group based on race, color, religion, national origin, ancestry, citizenship status, physical or mental disability, sex, sexual orientation, gender identity and expression, age, medical condition or veteran status or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs or homophobia;
Use any language, or post, upload, transmit, send or otherwise make available on or through the Website any User Generated Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, national, international or foreign law, rule or regulation including without limitation libel, fraud, or invasion of privacy;
Stalk others on or through the Website, or by using information obtained on or through the Website;
Disrupt, hack, attack, destroy, damage, disable, tamper or interfere with the Website including impeding or interfering with others’ access, visitation, or use of the Website;
Impersonate, imitate or pretend to be somebody else by setting up different profiles, or falsely state, represent or imply any affiliation, association or connection with a person or entity when using the Website;
Post, upload, transmit, send or otherwise through the Website any software, Trojan horses, disabling devices, viruses, spyware, malware or other devices or defects of similar nature.
Monitoring. You agree that Speaking Truth may monitor your use of the Website. We do not make any representations or warranties that the Website will be monitored for accuracy or unacceptable use, that apparent statements of fact will be authenticated or that we will take any or any specific action in the event of a challenge or dispute regarding compliance or noncompliance with the User Agreement.
Editing, Additions and Deletions. We have the right but not the obligation to review, edit, add, delete or otherwise change any features, functionality, or User Generated Content available through the Website.
Termination of Use or the Website. Speaking Truth has the right to terminate your use of the Website at any time for any reason, or no reason. Additionally, Speaking Truth has the right to remove or take the Website down at any time for any reason.
Governing Law. You agree that the Website is deemed to be based solely in the State of Arizona and that the Website does not give rise to personal jurisdiction of any kind over the volunteers of Speaking Truth. This Website will be governed by the laws of the State of Arizona without respect to conflict of laws principles. You agree to submit to the personal jurisdiction of a state or federal court located in Maricopa County, Arizona, for any claims. You agree that, by using the Website and entering into this User Agreement, you are waiving the right to participate in a class action related to the Project.
Severability. If for any reason a court of competent jurisdiction finds any provision or portion of a provision of this User Agreement invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible to preserve the intent of the parties, and the remainder of the User Agreement will continue to be valid and enforceable.
Disputes. If you wish to dispute something related to this User Agreement, including any claims, you agree to first contact Speaking Truth at 3104 East Camelback Road, #235, Phoenix, AZ 85016 and make a good faith sustained effort to resolve the dispute before resorting to formal means of resolution, including filing an action in court. You agree that you must commence any cause of action within one year after the underlying issue first arose. If you do not, you agree that you waive any right to bring a cause of action and that such action will be permanently barred.
Indemnity. You agree to defend, indemnity and hold harmless Speaking Truth and its directors, officers, officials, employees, contractors, volunteers and agents from any and all claims, damages, losses, liabilities, costs and expenses (including attorneys’ fees) (collectively “liabilities”) arising from: our use of your User-Generated Content; your use of the Website; your violation of any third-party right including the right of privacy or intellectual property rights; claims of defamation: or your violation of any law.
No Warranty and Limits of Liability. THE WEBSITE IS PROVIDED “AS IS.” USE OF THE WEBSITE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT THAT THE LAW PERMITS:
THE WEBSITE IS PROVIDED WITHOUT WARRANTIES, ASSURANCES OR GUARANTEES OF ANY KIND INCLUDING THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
Speaking Truth and its directors, officers, officials, employees, contractors, volunteers and agents ARE NOT LIABLE OR RESPONSIBLE FOR: ANY ERRORS, MISTAKES OR INACCURACIES IN CONTENT; PERSONAL INJURY, BODILY INJURY OR PROPERTY DAMAGE OF ANY KIND; USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY; ANY INTERRUPTION OR CESSATION OF TRANSMISSION OR; ANY ERRORS OR OMISSIONS IN ANY CONTENT POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE WEBSITE.
SPEAKING TRUTH AND ITS DIRECTORS, OFFICERS, OFFICIALS, EMPLOYEES, CONTRACTORS, VOLUNTEERS AND AGENTS WILL NOT BE LIABLE FOR ANY LIABILITIES THAT EXCEED ONE DOLLAR, REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS AND REGARDLESS OF WHETHER YOU HAVE NOTIFIED THEM OF SUCH LIABILITY, TO THE FULLEST EXTENT OF THE LAW. THESE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL NOT APPLY TO THE EXTENT PERMITTED BY LAW.