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Gender Menace

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Terms and Conditions

Last revised: November 25, 2024

Also known as “Terms of Service” or “Terms & Conditions”, this Terms and Conditions policy describes what each user must agree to in order to make use of Gender Menace website(s) and services. If you have any questions, comments, or concerns regarding these Terms and Conditions or our services, please contact us at support@gendermenace.net.

  1. Statement of Purpose
  2. Structure of Terms and Conditions
  3. Changes to Terms and Conditions
  4. Privacy
  5. Using the Website(s) and Services
  6. User Accounts
  7. Data Security
  8. Intellectual Property
  9. Acceptable Use Policy
  10. Data Storage
  11. Termination of Services
  12. Account Closure or Suspension
  13. Responsibility for Content
  14. Disclaimer
  15. Limitation of Liability
  16. Indemnification
  17. DMCA Notice
  18. Dispute Resolution
  19. Other Terms

1. Statement of Purpose

Gender Menace (also known as “we” or “us”) is a small collective of dedicated activists and programmers who are members or allies in the struggle to raise awareness and fight for the rights of gender-expansive individuals and communities (for more info, see About Us). Our website address is: https://www.gendermenace.net

2. Structure of Terms and Conditions

A. These Terms and Conditions, and any applicable Additional Terms referenced below, contain the terms and conditions that apply to our website(s) and services, unless you have entered into a separate agreement with us that governs our contractual relationship. By clicking the “Please confirm that you agree to our Terms & Conditions” box when you create or update your account, and by any use of the Gender Menace website(s) and services, you indicate that these Terms and Conditions constitute a binding agreement between you, who represents that you are an authorized representative of the organization or entity (referred to as “you“ or “your”) which has created your user account (“Account”), and us and that you have read and understood the following terms, including those in our Privacy Policy.

B. Additional Documents. The following additional policy documents are also incorporated by reference in these Terms and Conditions:

If you are located in the EU or UK and would like to execute a GDPR Data Processing Addendum, please email us at support@gendermenace.net.

3. Changes to Terms and Conditions

A. We may change these Terms and Conditions at any time in our sole discretion without notice to you by posting revised Terms and Conditions on the website(s) and services and by notifying accountholders by email, and therefore your continued use of the website(s) and services following the posting of those changes will confirm your acceptance of them. You should review the Terms and Conditions from time to time to understand the terms and conditions that apply to your access to and use of the website(s) and services. If you do not agree to the amended Terms and Conditions, you must stop using the website(s) and services.

B. Except for changes to these Terms and Conditions by us as described here, no other amendment or modification of these Terms and Conditions will be effective unless in writing and signed by both you and us.

4. Privacy

A. Your privacy is important to us. Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.

5. Using the Website(s) and Services

A. In order to use our website(s) and services, you may sign up for an Account and select a password and username (“Login Credentials”).

B. You must follow all applicable laws in your use of the website(s) and services. If your use of the website(s) and services is prohibited by applicable laws, then you aren’t authorized to use the website(s) and services. We can’t and won’t be responsible for your using the website(s) and services in any way that breaks the law. We may suspend or terminate website(s) and services if you do not follow or Terms and Conditions, and accountholders we remove may not be allowed any future access to the website(s) and services.

C. You understand that we own the website(s) and services other than content in the public domain, licensed to the commons, or published under the fair use doctrine of copyright law. You agree not to modify, publish, transmit, participate in the transfer or sale or, reproduce (except as expressly provided in the Terms and Conditions) creative derivative works based on, or otherwise exploit any of the website(s) and services that are not in the public domain, licensed to the commons, or published under the fair use doctrine of copyright law.

D. These Terms and Conditions grant you a non-exclusive, non-transferable, freely revocable license to use the website(s) and services, subject to your compliance with the Terms and Conditions. We may terminate this license at any time and in our sole discretion.

E. By using the website(s) and services, you affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. Our website(s) and services are not designed to appeal to minors, and we do not knowingly attempt to solicit or receive any information from children under thirteen (13) years of age. YOU MUST BE AT LEAST THIRTEEN (13) YEARS OF AGE TO ACCESS AND USE OUR SITES. If you are under the age of majority in your home state, which is eighteen (18) years in most states, you may not establish a registered Account with us, and you should use our website(s) and services only with the supervision of a parent or guardian who agrees to be bound by this Agreement. Additionally, certain website(s) and services or sections of our website(s) and services, as well as promotions or programs we may offer on the website(s) and services, may be explicitly limited to people over the age of majority. If you are not old enough to access our website(s) and services or certain sections or features of our website(s) and services, you should not attempt to do so.

F. We are committed to making the website(s) and services accessible for all users, and will continue to take steps necessary to ensure compliance with applicable laws. If you have difficulty accessing any content, feature, or functionality of the website(s) and services, please contact us at support@gendermenace.net.

6. User Accounts

A. You are not obligated to register for an Account in order to access our website(s) and services, but certain sections and features are available only to users who have registered for an Account (Registered Users). With respect to any such Account, we may reject or require that you change any username (or email address) that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason. If you are a Registered User, we expect you to accurately maintain and update any information about yourself that you have provided to us.

B. You agree to (i) provide truthful and accurate registration information as requested by us; (ii) promptly inform us of any changes to your registration information, including, but not limited to, your address and email address; (iii) take all reasonable precautions to safeguard access to your password and to prevent unauthorized access to or use of the website(s) and services; (iv) promptly report to us any unauthorized use of your login information or the website(s) and services of which you become aware; (v) ensure that you log out from your Account at the end of each session.

C. You are responsible for keeping your Login Credentials confidential and not sharing them with unauthorized users. If you disclose your Login Credentials to someone, you are responsible for any use, disclosures, additions, deletions, and modifications of your information. You agree that you are responsible for all activities that occur under your Account.

D. You are responsible for anything you submit, such as information, text, reviews, posts, images, videos, or other materials or content that you post on the website(s) and services, upload to us, or transmit through our website(s) and services (User Content). You represent and warrant that any information you provide in connection with your use of the website(s) and services is and shall remain true, accurate, and complete, and that you will maintain and update such information regularly. You also agree, represent and warrant that you have the right to transmit such User Content. You shall not upload, post or otherwise make available on or through website(s) and services any User Content protected by copyright, trademark or other proprietary right of any third party without the express written permission of the owner of such right(s), excluding content in the public domain, licensed to the commons, or published under a fair use exception to copyright law. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, proprietary rights, or any other harm resulting from such User Content. You agree that if any User Content you provide is false, inaccurate, obsolete or incomplete, or is information that you do not have the right to share or upload, we may terminate your use of the website(s) and services.

E. Please do not post or send us or any user content, ideas, suggestions, or other user content that you wish to keep private or proprietary or for which you expect to receive compensation or which is illegal to post in your jurisdiction. By sending any ideas, concepts, know-how, proposals, techniques, suggestions or other User Content to us, you agree that: (i) we are free to use such User Content for any purpose, (ii) such User Content will be deemed not to be confidential or proprietary (iii) we may have something similar already under consideration or in development, and (iv) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances unless otherwise expressly agreed in writing by us. Be aware that we have no obligation to keep User Content confidential unless explicitly stated.

F. We have the right, but not the obligation, to take any of the following actions in our sole and absolute discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of the website(s) and services;
  • Change, suspend, or discontinue all or any parts of the website(s) and services;
  • Refuse, move, or remove any material that you submit to the website(s) and services; or
  • Deactivate or delete your Account and all related information and files in your Account.

You agree that we will not be liable to you or any third party for taking or not taking any of the above actions.

7. Data Security

A. We take data security and privacy very seriously. We take reasonable precautions to protect the security of your information. We have physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access, maintain data security, and correctly use your information. However, neither people nor security systems are foolproof, including encryption systems. In addition, people can commit intentional crimes, make mistakes, or fail to follow policies. Therefore, while we use reasonable efforts to protect your information, we cannot guarantee its security. You are responsible for the security of your personal information. You should avoid transmitting personal or sensitive information, such as Social Security Numbers, bank or credit card information.

B. You understand and agree that we may disclose your information if required to do so by law, court order, legal process, or subpoena, including to respond to any government or regulatory request, or if we believe that such action is necessary to (a) conform to law, comply with legal process served on us or our affiliates or partners, or investigate, prevent, or take action regarding suspected or actual illegal activities; (b) enforce our Terms and Conditions, take precautions against liability, to investigate and defend ourselves against any third-party claims or allegations, to assist government enforcement agencies, or to protect the security or integrity of our website(s); and (c) exercise or protect the rights, property, or personal safety of Gender Menace, our users, or others.

8. Intellectual Property

A. Other than content in the public domain, licensed to the commons, or published under the fair use doctrine of copyright law, ownership of all intellectual property and other rights in the website(s) and services and our website, including, but not limited to, the software, design, layout, content, links, and the like shall remain with us and our licensors, developers, and partners, as applicable. We reserve all rights not specifically granted in these Terms and Conditions.

B. The materials displayed or performed or available on or through the website(s) and services, including but not limited to text, graphics, data, articles, photos, images, illustrations, and so forth (all of the foregoing, the “Website(s) and Services Content”) may be protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark laws, information, and restrictions contained in any Website(s) and Services Content that you access through the website(s) and services, and you won’t use, copy, reproduce, modify, translate, public, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose any Website(s) and Services Content not owned by you, other than content in the public domain, licensed to the commons, or published under the fair use doctrine of copyright law: (i) without the prior consent of the owner of that Website(s) and Services Content or (ii) in a way that violates our or any third party’s rights.

9. Acceptable Use Policy

A. In addition to the general restrictions contained above, your use of our website(s) and services is subject to our Acceptable Use Policy.

B. We have the right, but no obligation, in our sole and absolute discretion, and without giving you any prior notice, to remove any content we determine:

  • Violates these Terms and Conditions and/or the Acceptable Use Policy;
  • We are required by law or court order to remove;
  • We have been requested to remove by the user or other source which provided the content.

C. We also have the right, but no obligation, to take any of the following actions in our sole and absolute discretion at any time and for any reason without giving you any prior notice:

  • Restrict, suspend, or terminate your access to all or any part of the website(s) and services;
  • Change, suspend, or discontinue all or any part of the website(s) and services;
  • Refuse, move, or remove any material that you submit to the website(s) and services; or
  • Deactivate or delete your Account and all related information and files in your Account.

You agree that we will not be liable to you or any third party for taking or not taking any of these actions.

10. Data Storage

You agree that we have permission to download your Data that you upload to the website(s) and services and store such Data on our (or our service provider’s) servers if we reasonably deem it necessary in order to assist you in responding to an accountholder service request, responding to a distributed denial of service attack (DDOS), to preserve your Data, etc.

11. Termination of Services

A. You’re free to terminate your Account at any time by logging in and shutting down your Account yourself or contacting us at support@gendermenace.net. Please refer to our Privacy Policy, as well as any applicable Additional Terms, to understand how we treat information you provide to us after you have stopped using our website(s) and services.

B. Provisions that, by their nature, should survive termination of these Terms and Conditions shall survive termination. By way of example, all of the following will survive termination: any obligation you have to indemnify us, any limitations on our liability, any warranty disclaimers, any terms regarding ownerships or intellectual property rights, and terms regarding disputes between us.

C. We may modify or terminate the website(s) and services or any part thereof in any country or jurisdiction where there is any current or future government requirement or obligation that (1) presents a hardship for us to continue operating the website(s) and services or any party thereof in that country or jurisdiction without modification, and/or (2) causes us to believe that these Terms and Conditions or the website(s) and services or any part thereof may conflict with any such requirement or obligation.

D. The website(s) and services may not be appropriate or available for use in some non-U.S. jurisdictions. In choosing to access the website(s) and services, including action alerts available through the website(s) and services, you do so on your own initiative and at your own risk, and you are responsible for complying with and ensuring that your action alerts (if any) comply with all applicable laws, rules, and regulations in doing so. You are also subject to U.S. export controls and are responsible for any violations of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. We may limit availability of the website(s) and services, in whole or in part, to any person, geographic area, or jurisdiction we choose, at any time.

12. Account Closure or Suspension

A. Upon any closure of your Account: (i) these Terms and Conditions and all rights granted under these Terms and Conditions shall cease immediately (except those expressly surviving or which by their nature would survive); (ii) all access to the website(s) and services and your Account will cease immediately; and (iii) all of your Content may be subject to deletion from our servers and backup systems and we may not have or keep backup of such Content. We recommend that you run frequent and regular backups. We also recommend that you ensure you have retrieved all Content and made all necessary backups before submitting any request to close your Account or any of the website(s) and services. You agree to hold us and our Affiliates harmless from and against any and all claims, losses or damages arising from any closure of your Account. Any and all sections in these Terms and Conditions which impose obligations continuing in their nature shall survive closure or otherwise continue to remain in full force and effect even after Account closure. You are not permitted to, and you agree not to, access or attempt to access, your Account or any of the website(s) and services formerly associated with your Account following any closure. “Affiliate” means an entity that owns or controls, is owned or controlled by or is under common control or ownership with us, where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract, or otherwise.

13. Responsibility for Content

A. Content and information displayed on the website(s) and services is the sole responsibility of the person or organization providing that content, and you post and/or access all such content and information at your sole risk. We are not liable for any errors or omissions in that content or information, or for any damages or loss you might suffer in connection with it. Although we do occasionally review content posted on the website(s) and services, we are not able to comprehensively review such content, so any issues with that content should be directed to its owners. You are solely responsible for interactions with other users of the website(s) and services. You may report content that you find in violation of any of our policies to support@gendermenace.net.

B. User Content License: For purposes of clarity, you, or the rightful owner, retain ownership of your User Content including information, content, and/or materials protected by copyright, trademark, trade secret, right of publicity, or other proprietary right, while excluding any content in the public domain, licensed to the commons, or published under the fair use doctrine of copyright law. However, please note that we need certain rights to your submissions in order to make them available on the website(s) and services. As a result, by submitting User Content to us directly or indirectly (including through any use of third-party social media platforms directed at us), you hereby grant and agree to grant to Gender Menace, any affiliated entities, and their respective service providers and designees a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), royalty-free, fully paid-up, perpetual, irrevocable right and license, without additional consideration to you or to any third party, to reproduce, distribute, adapt (including edit, modify, translate, and reformat), create derivative works of, transmit, perform and display (publicly or otherwise), and otherwise use, analyze, and exploit such User Content in any media now known or hereafter developed for any purpose in connection with the website(s) and services, including to use your User Content in connection with actions or advertisements and to publicize your action alerts through any media.

C. If you provide us with any ideas, proposals, suggestions, or other materials (such as feedback), whether related to the website(s) and services or otherwise, you hereby acknowledge and agree that such materials are not confidential, and that your provision of such materials is gratuitous, unsolicited, and without restriction, and does not place Gender Menace under any fiduciary or other obligation.

D. You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that any materials you submit, and your provision thereof through and in connection with the website(s) and services, including any action alerts, are complete and accurate, are not fraudulent, tortious, or otherwise in violation of any applicable law or any right of any third party, and do not infringe, misappropriate, or otherwise violate any intellectual property rights of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding the materials that you may have under any applicable law and under any legal theory.

E. We may allow you to post certain information, content, messages, text, images, videos, links, and/or materials in connection with actions or on your profile page. Further, we and/or our service providers may make available through the website(s) interactive services (such as message boards, forums, blogs, chat functionality, messaging functionality and comment functionality, on the websites, among other services) which give you the ability to post materials. These materials are User Content and are subject to our Acceptable Use Policy. We reserve the right to remove any submission, of any variety, at any time for any reason.

F. Please note that website visitors may sometimes post materials in connection with action alerts, profiles, and/or forums that are inaccurate, misleading, or deceptive. Without limitation of Section 12, Gender Menace and its affiliated entities neither endorse nor are responsible for (a) any positions taken by or associated with visitors to the website(s) and services or any organizations represented by, affiliated, or associated with visitors to the website(s) and services (including positions taken by action alert creators in their action alerts, on social media sites, or on other websites, or for positions taken by anyone on social media sites, or on other websites) or (b) any opinion, advice, information, or statements posted in connection with action alerts, profiles, and/or forums by visitors to the website(s) and services. The opinions expressed in action alerts, on profiles, and/or in forums reflect solely the opinions of the individuals or organizations who submitted such opinions, and do not necessarily reflect the opinions of Gender Menace.

G. Forums are Public: You acknowledge and agree that forums are public spaces and that your participation in such forums creates no expectation of privacy. Further, you acknowledge that any User Content or materials you communicate in forums may be seen and used by others. You understand that Gender Menace, outside contributors, and other users connected with us may participate in forums or other aspects of the website(s) and services and may employ anonymous usernames when doing so. Any user failing to comply with this Agreement may be expelled from and refused continued access to forums in the future. However, we are not responsible for User Content that you or others choose to communicate in forums, or for your actions or the actions of other users. If you choose to make any of your personal information or other User Content publicly available in a forum or otherwise on or through the sites, you do so at your own risk.

H. Our Rights: You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content and materials before allowing them to be posted on website(s) and services, including any forum; (b) monitor User Content and forums; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding its transmission, to any third party in order to operate the website(s) and services, to protect us, visitors to the website(s) and services or others, to comply with legal obligations or governmental requests, to enforce this Agreement, or for any other reason or purpose we deem appropriate. If you see User Content on our website(s) and services that you believe violates this Agreement, please contact us at support@gendermenace.net.

I. In addition, and without limitation to the foregoing, Gender Menace and any affiliated entities have no control over and are not responsible for any information or materials made available through action alerts, profiles, and/or forums (including errors or omissions in action alerts, profiles and/or forum postings or links, text, images, or videos embedded in action alerts, profiles, and/or forum postings) or results obtained by using any such information or materials.
Under no circumstances will Gender Menacy, any affiliated entities, or their respective employees, officers, directors, shareholders, affiliates, agents, representatives, licensors, suppliers, or service providers, be liable for any loss, liability, or damage caused by such information or materials or your reliance on such information or materials.

J. Notwithstanding the foregoing, please note that any personally identifiable information you submit to us through the website(s) and services or send us in any manner is governed by Gender Menace’s Privacy Policy. Gender Menace and any affiliated entities have no control over, and will have no liability for, any losses, liability, or damages resulting from the use (including republication) or misuse by any third party of information voluntarily submitted or made public through an action alert, a profile, a forum, or any other part of the website(s) and services. If you choose to submit or make any of your personally identifiable or other information publicly available in an action alert, profile, forum or otherwise on the website(s) and services, then you do so at your own risk.

K. The website(s) and services may contain links or connections to third-party websites or services that are not owned or controlled by us. When you access third-party websites or use third-party services, you accept that there are risks in doing so, and that we are not responsible for such risks. We encourage you to be aware when you leave the website(s) and services and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize. We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third party that you interact with through the website(s) and services. By using the website(s) and services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

14. Disclaimer

A. YOUR USE OF THE WEBSITE(S) AND SERVICES IS AT YOUR OWN RISK. THE WEBSITE(S) AND SERVICES, AND ALL INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN, ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR TITLE AND NON-INFRINGEMENT, IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES AS TO THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE INFORMATION, CONTENT, OR MATERIAL ACCESSED THROUGH THE WEBSITE(S) AND SERVICES.

B. WHILE WE MAKE REASONABLE ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE WEBSITE(S) AND SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT THE WEBSITE(S) AND SERVICES OR INFORMATION, CONTENT AND MATERIALS THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH INFORMATION, CONTENT, OR MATERIALS.

C. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE ACTIVITIES OR CONDUCT OF ANY THIRD-PARTY USER OF THE WEBSITE(S) AND SERVICES.

15. Limitation of Liability

A. IN NO EVENT SHALL WE OR OUR AFFILIATES OR ANY OF OUR (OR OUR AFFILIATES’) DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR REPRESENTATIVES BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED TO THE USE OF OR INABILITY TO USE THE WEBSITE(S) AND SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OR CONTENT OBTAINED FROM THE WEBSITE(S) AND SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OR PERFORMANCE, OR RESTRICTION, SUSPENSION OR TERMINATION OF ACCESS TO THE WEBSITE(S) AND SERVICES.

While we employ reasonable efforts to maintain the timeliness, integrity, and security of the website(s) and services, we do not guarantee that the website(s) and services are or will remain updated, complete, correct, or secure, or that access to the website(s) and services will be uninterrupted. The website(s) and services may include inaccuracies, errors, and materials that violate or conflict with this Agreement.

If you become aware of any unauthorized alterations made to the website(s) and services, contact us at support@gendermenace.net.

B. SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTS OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. Indemnification

A. You agree to indemnify, defend and hold us, our Affiliates, and our (and our Affiliates’) officers, directors, employees, agents, affiliates, service providers, successors and assigns harmless from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interests, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees and costs, arising from or relating to (i) your breach of these Terms and Conditions or violations of applicable laws; (ii) any user content you submit, post to or transmit through the website(s) and services; or (iii) your violation of any party’s rights, including, but not limited to, intellectual property rights, rights of privacy, rights of publicity and confidentiality.

17. DMCA Notice

A. To the extent an accountholder uses the website(s) and services for hosting, advertising, sending electronic messages or for the creation and hosting or, or for posting material on, websites, each accountholder must (i) comply with any notices received under Title II of the Digital Millennium Copyright Act of 1998 (Section 512 of the U.S. Copyright Act) or similar statutes in other countries (the “DMCA”), (ii) set up a process to expeditiously respond to notices or alleged infringement that comply with the DMCA and to implement a DMCA-compliant repeat infringers policy, (iii) publicly display a description of its notice and takedown process under the DMCA on its instance of the website(s) and services, and (iv) comply with such processes, policies, and descriptions.

B. It is Gender Menace’s policy to respond expeditiously to valid notices of claimed copyright infringement compliant with the DMCA.

C. If Gender Menace receives a notice alleging that material appearing from an accountholder on the website(s) and services that allegedly infringes another party’s intellectual property, Gender Menace may request that accountholder disable, may directly disable, or may remove the allegedly infringing material from our website(s) and services. If Gender Menace receives multiple notices for the same accountholder, Gender Menace reserves the right to notify the accountholder and immediately terminate such accountholder’s subscriptions to the website(s) and services as deemed necessary by Gender Menace to ensure continued protection under the safe harbor provisions under the DMCA or to prevent violations of other applicable laws or third parties’ rights.

D. If you believe in good faith that materials available on the website(s) and services (including materials on any action alerts) infringe your copyright, you (or your agent) may send a written notice to our designated copyright agent (the Designated Agent), identified below, with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed, with sufficient detail so that we can identify the alleged infringing material;

  • The URL or other specific location on the website(s) and services that contains the alleged infringing material, with reasonably sufficient information to enable us to locate the alleged infringing material;
  • Your name, mailing address, telephone number and email address;
  • The electronic or physical signature of the owner of the copyright or a person authorized to act on the owner’s behalf;
  • 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
  • A statement by you that the information contained in your notice is accurate and that you attest under penalty of perjury that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Please send any copyright claim or request to support@gendermenace.net.

To notify the provider of the allegedly infringing material to which we have requested removal, removed, and/or disabled access, we may forward a copy of your infringement notice, including your name and email address to the provider of the allegedly infringing material.

We suggest that you consult your legal advisor before filing a DMCA notice.

E. If you receive an infringement notification from us, you may file a counter notification pursuant with our Designated Agent pursuant to the DMCA. To file a counter notification, please provide our Designated Agent with the following information:

  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled;
  • Your name, mailing address, telephone number and email address;
  • The following statement: I consent to the jurisdiction of [insert one of the following: (1) the Federal District Court in which my mailing address is located, or (2) if you reside outside of the United States, the United States District Court for the United States District Court for Washington, D.C.;
  • The following statement: I will accept service of process from [insert the name of the person who submitted the infringement notification] or his/her agent;
  • The following statement: I swear, under penalty of perjury, that I have a good faith belief that the affected material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  • Your signature, in physical or electronic form.

Upon receipt of valid counter-notification, we will promptly provide the person who provided the original infringement notification with a copy of your counter notification and inform that person that we will replace the removed material or cease disabling access to it in ten (10) business days. Further, we will replace the removed material and cease disabling access to it not less than ten (10), nor more than fourteen (14), business days following receipt of your counter notice, unless Designated Agent first receives notice from the person who submitted the original infringement notification that such person has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the website(s) and services.

We suggest that you consult your legal advisor before filing a DMCA counter-notice.

18. Dispute Resolution

A. In the event of any dispute, claim, question or disagreement arising from or relating to these Terms and Conditions, or the relationship that results from these Terms and Conditions, other than claims for injunctive or other equitable relief (a “Dispute”), the parties hereto shall use their best efforts to settle the Dispute. To this effect, the parties shall consult and negotiate with each other in food faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If the parties do not reach such solution within a period of thirty (30) days, then the Dispute shall be resolved by binding arbitration in Washington, D.C., USA, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (the “AAA”), subject to the limitations of this section. This agreement to arbitrate will be specifically enforceable under the prevailing law of any court having jurisdiction. Notice of a demand for arbitration shall be filed in writing with the other party hereto and with the AAA. The demand for arbitration shall be made within the time provided herein, and in no even shall any demand be made after the date when institution of legal or equitable proceedings based on such Dispute would be barred by the applicable statute of limitations. The parties agree that one (1) arbitrator shall arbitrate the Dispute. The arbitrator shall be selected by the joint agreement of the parties, but if they do not so agree within twenty (20) days after the date of the notice of a demand for arbitration referred to above, the selection shall be made pursuant to the Commercial Arbitration Rules of the AAA from the panels of business arbitrators maintained by the AAA in the United States. The decision of the arbitrator shall be made in writing, shall be final, judgement may be entered upon it in any court having jurisdiction thereof, and the decision shall not be subject to vacation, modification or appeal, except to the extent permitted by sections 10 and 11 of the U.S. Federal Arbitration Act, the terms of which sections the parties agree shall apply. The expenses of arbitration, including reasonable attorneys’ fees and the fees and expenses of the arbitrator, shall be shared equally by the parties.

B. Waiver of Jury Trial. Each Party irrevocably and unconditionally waives any right it may have to a trial by jury for any legal action arising out of or relating to this Agreement or the transactions contemplated hereby.

C. Force Majeure. We shall not be liable to you or any other person, firm or entity for any failure of performance under these Terms and Conditions, if such failure affecting us or our service providers and contractors is due to any cause or causes outside our control, including but not limited to, strikes, labor disputes, lockouts, or work stoppages, or other labor difficulties, shortages of labor or materials, riots, disease, vandalism, civil disturbances, acts of terrorism, wars, third-party provider outages, cable cuts, power crisis shortages, infrastructure outages or failures, electrical power failures, loss of or fluctuations in heat, light, or air conditioning, inclement weather, fires, floods, storms, explosions, and other uncontrollable acts of God or nature, or other similar occurrences; any law, order, regulation, direction, action, or request of the United States or other government (including state and local governmental agency, department, commission, court, bureau, corporation, or other instrumentality of any one or more of said governments) or of any civil or military authority, or national emergencies.

19. Other Terms

A. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and us with respect to the website(s) and services and supersede all prior or contemporaneous understandings and agreements, whether written or oral. You may be subject to additional third-party terms and policies based on your use of the website(s) and services. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms and Conditions and any other terms, these Terms and Conditions shall govern. If any provision of these Terms and Conditions is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms and Conditions will continue in full force and effect. The headings of sections and paragraphs in these Terms and Conditions are for convenience only and shall not affect its interpretation.

B. Choice of Laws. The Terms and Conditions are governed by the internal substantive laws of the District of Columbia in the United States, with respect to its conflict of law principles.

C. Notices. We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notices on the website(s) and services, as determined by us. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add support@gendermenace.net to your email address book to help ensure you receive email notifications from us.

D. No agency, partnership, joint venture, or employment is created as a result of these Terms and Conditions and you do not have any authority of any kind to bind us in any respect whatsoever. You and we agree there are not third-party beneficiaries intended under these Terms and Conditions.

E. Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceedings in which either party proposes to act in a representative capacity, and each party hereby waives any right to assert consolidated claims with respect to any disputes subject to arbitration under these Terms and Conditions or any disputes between the parties. No arbitration or proceeding will be combined with another without the prior consent of all parties to all affected arbitrations or proceedings.

F. Limitation of Time to File Claims. Any action, claim or dispute you have against us must be filed within one year from the date the action, claim or dispute could first be filed. To the extend permitted by law, any claim or dispute under these Terms and Conditions must be filed within one year in an arbitration proceeding. If a claim or dispute is not filed within one year, it is permanently barred.

G. Changes to the Terms and Conditions. We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them.

H. Assignment and Transfer. You may not assign, transfer, or convey these Terms and Conditions or any obligations thereunder without our prior written consent. Any assignment, transfer, or conveyance by you in violation of these Terms and Conditions shall be of no power or effect. You also consent to the Personal Information, including sensitive information, of you and that of the individuals stored in the website(s) and services, being assigned, transferred, or conveyed in the event of a transition such as, but not limited to a merger or other transaction or proceeding. In such a case, your information would be used as set out in our Privacy Policy. We may assign, transfer, or convey these Terms and Conditions, or any portion thereof, in our sole discretion.

I. Export Controls. You are responsible for complying with U.S. export controls and for any violation of such controls, including any U.S. embargoes or other federal rules and regulations restricting exports. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a terrorist supporting country; or (b) on any of the U.S. government lists of restricted end users.