Terms of Use
TERMS AND CONDITIONS OF
HURT BY ABORTION INC. WEBSITE
These terms and conditions govern your (“User”) use and submission of user content of this website:
By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our cookies policy.
License to Use Website
Unless otherwise stated, Hurt By Abortion, Inc. (“HBA”), and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website; or
- redistribute material from this website [except for content specifically and expressly made available for redistribution.
Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without HBA’s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without HBA’s express written consent.
Consent and Release for HBA to Use Posted Content
HBA is a non-profit organization dedicated to educating the general public regarding the risks and harms associated with abortion. This website exists to collect and publish user-submitted stories and testimonies associated with the risks and harms of abortion for the educational benefit of the general public. By submitting any “user content” to this website, the user expressly agrees and warrants that user, being above the age of eighteen (18), hereby expressly releases HBA, its licensees, agents, successors and assigns from all liability for claims and/or demands arising out of these Terms and Conditions as set forth herein. User hereby authorizes HBA to use any and all user content submitted to the website by user, record her/his picture and voice on photographs, films and audio, to edit this content or these recordings at HBA’s discretion, and to incorporate this content into any post-production content (including but not limited to website material, literature, educational materials, video and sound films or audio and videotapes, broadcasts or otherwise) and to use and license others to use such recordings, movie and sound films, audio and videotapes, and broadcast programs in any manner of media whatsoever, including unrestricted use for purposes of publicity, marketing and promotion and to use User’s name, likeness, voice and biographic or other information in connection therewith.
Further, User understands that by agreeing to these terms and conditions, User is relinquishing all rights to such user content and to any future compensation for publication, use or publication of the same. User also understands that HBA may use such user content as the sole owner, including the right to resell same and to publish same in any medium, including, but not limited to, reproduction of same, magazines, newspapers, email and the internet. User understands and agrees that by execution hereof, User loses any and all rights to duplicate, give or sell such photographs to any other person. The transfer to HBA includes User’s right, if any, to copyright such content and to enjoy all rights provided to copyright holders.
User hereby authorizes HBA to use the name of User (if provided) at HBA’s discretion, and to incorporate the name and likeness of User for any use at HBA’s discretion, and to use any information that User may have provided in any way to HBA in connection with this website and in the promotion or marketing relating to the preparation and/or publication of user content by HBA.
Releasor hereby expressly releases Psychologist, his publishers, licensees, agents, successors and assigns (hereinafter jointly and severally called Releasees), from all liability for claims and/or demands arising out of the use of the information about Patient as described above, including, but not limited to, libel, slander, invasion of privacy or any other claim based on use of the information about Patient in said Book.
User also understands and agrees that HBA may transfer ownership of this content or may authorize others to publish the material and that it may appear in published content, articles, marketing material, and other written forms.
Releasors further agree to indemnify and save Releasees harmless from any and all claims and liability for damages, losses or expenses of any sort arising from use of the names of Releasors in the writing, making or the publication of said Book.
User further agrees to indemnify and save harmless HBA, its licensees, agents, successors and assigns, from any and all claims and liability for damages, losses or expenses of any sort arising from the making of such content and its use. Releasor further acknowledges that, except for the above stated compensation, there were no promises of any compensation for such use by Releasee or by anyone associated with HBA and, that HBA exclusively owns all rights to these recordings regardless of the form in which they are produced or used.
User warrants and agrees that she/he has read and understood the contents hereof, and that she/he has the right and authority to execute this release and indemnification.
In these terms and conditions, “user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or HBA or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
HBA reserves the right to edit or remove any material submitted to this website, or stored on User’s servers, or hosted or published upon this website.
Notwithstanding HBA’s rights under these terms and conditions in relation to user content, HBA does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
Copyright and Other Intellectual Property
The Website operates a clear Copyright Policy in relation to any Content alleged to infringe the copyright of a third party. If you believe that any Content violates your copyright, please see our Copyright Policy for instructions on sending us a notice of copyright infringement. As part of our Copyright Policy, the Website will terminate User access to the Website if, under appropriate circumstances, a User has been determined to be a repeat infringer.
The Website is not in a position to mediate trademark disputes between Users and trademark owners.
Accordingly, we encourage trademark owners to resolve any dispute directly with the User in question or seek any resolution in court or by other judicial means. If you’re sure you want to report content on the Website that you believe infringes your trademark, you can do so by contacting us here. The Website is willing to perform a limited investigation of reasonable complaints and will remove content in clear cases of infringement. Only the trademark owner or their authorized representative may file a report of trademark infringement. Please note that we regularly provide the rights owner’s name, your email address and the details of your report to the person who posted the content you are reporting. This person may contact you with the information you provide.
Abuse Reporting
The Website does not permit any form of tortious conduct, blackmail, or intimidation. Violations of this policy will be reported to law enforcement authorities.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website includes Content provided by third parties, including materials provided by other Users, bloggers and third-party licensors, syndicators, aggregators, or reporting services. All statements or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. HBA is not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
No Warranties
This website is provided “as is” without any representations or warranties, express or implied. HBA makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, HBA does not warrant that: 1) this website will be constantly available, or available at all; 2) or the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of Liability
HBA will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website: 1) to the extent that the website is provided free-of-charge, for any direct loss; 2) for any indirect, special or consequential loss; or 3) for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if HBA has been expressly advised of the potential loss.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that HBA has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against HBA’s officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect HBA’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify HBA and undertake to keep HBA indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by HBA to a third party in settlement of a claim or dispute on the advice of HBA’s legal advisers) incurred or suffered by HBA arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these Terms and Conditions
Without prejudice to HBA’s other rights under these terms and conditions, if you breach these terms and conditions in any way, HBA may take such action as HBA deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
HBA may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
Governing Law
This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Kansas.
Mandatory Arbitration
Any dispute under these Terms and Conditions shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.
Entire Agreement
These Terms and Conditions shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement.
User warrants and agrees that she/he has read and understand the contents hereof, that she/he has the right and authority to execute this waiver, release and indemnification, and that she/he unconditionally agrees and consents to the terms and conditions contained herein as an express condition of further use of this website.
