Organization for Social Media Safety (“OFSMS”) maintains its website, https://www.ofsms.org (the “Website”), to provide you with information about our services and to enable you to interact with us online. These Terms of Service describe our understanding with you when you utilize our services, visit our Website, when you participate in one of our educational/consulting programs (collectively, the “Services” and/or “Programming”), and/or when you use one of our technology products (the “Products”).
YOUR USE OF OUR SERVICES, PROGRAMMING (WHETHER IN-PERSON OR REMOTELY), PRODUCTS, WEBSITE, EDUCATIONAL MATERIALS, AND/OR DOWNLOADING OF SUCH MATERIALS FROM OUR WEBSITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS SET FORTH HEREIN. PLEASE READ THESE ENTIRE TERMS OF SERVICE. IF YOU HAVE ANY QUESTIONS ABOUT ANYTHING CONTAINED IN THESE TERMS OF SERVICE, PLEASE CONTACT US AT CONTACT@OFSMS.ORG
Throughout this policy, you will see the terms “OFSMS,” “we,” “our,” and “us” – these terms refer to Organization for Social Media Safety, a California Non-Profit for Public Benefit Corporation with tax-exempt status pursuant to Internal Revenue Code Section 501(c)(3), formerly known as JORDANSTRONG FOUNDATION. You will also see the terms “I,” “you,” “your,” and “yours” – these terms refer to visitors to and users of our Website, and all individuals and/or entities which utilize our Services or Products.
OFSMS is the sole owner of the name “Organizational for Social Media Safety” and the OFSMS logo featured prominently on our Website. Your use of the name and logo and/or links bearing the name and logo acknowledges OFSMS’s exclusive ownership of the name and/or right to use the logo. All use of or goodwill associated with the name, logo, our materials, Products and/or Services will inure to the benefit of OFSMS or its licensors. The logo, Products and Services are provided without warranties of any kind, express or implied, including without limitation, warranties of title or non-infringement. Use of the Products and/or Services provided at or obtainable through the Website is solely at your own risk.
1. Linking to OFSMS Website and Use of OFSMS Website, Materials, Name, Logo, and/or Products
By copying and/or downloading material from the OFSMS Website, including our name and logo, links bearing our name and the logo and/or using our Products and/or Services you agree to the terms and conditions set forth in these Terms of Service and any terms and conditions that may be outlined elsewhere on our Website. Without limiting any other terms or conditions, the permission to use the OFSMS Website, materials, Products and/or Services, including our name and logo and/or links bearing our name and logo, is subject to the following:
- a) Your use of our name and logo or links bearing our name and logo may not indicate or create an impression that OFSMS endorses, approves, sponsors or is affiliated with your products, goods, services, or your website.
- b) Your use of our name and logo or links bearing our name and logo must not indicate or create an impression that OFSMS will benefit from the sale of any good or service.
- c) Links bearing our name and logo may only be used for the purpose of linking to the Website as designated within the link.
- d) The links bearing our name and logo must always be active, current links.
- e) Our name and logo may not be combined with any other graphic elements; nor may they be altered in any manner including size, proportions, font, design, arrangement, colors or elements; nor may they be animated, morphed or otherwise distorted in perspective or appearance.
- f) You will not transfer, assign, sell, reproduce, distribute or otherwise exploit our name and logo or your link to our Website.
- g) Our name and logo may not appear on any pages of any websites that include content or advertising for alcoholic beverages, tobacco, pornography, religious material, partisan material, political material, firearms or any other content we may deem inappropriate at our sole discretion.
- h) Appropriate action by OFSMS may include, but is not limited to, the revocation of the right to use our name and logo and/or any links bearing our name and logo, in which event you agree to remove our name and logo and/or the links bearing our name and logo within 2 business days of notice of revocation.
BE AWARE: It is improper, and may be a violation of law, for you to post or download and distribute any material that you do not own or for which you do not have permission to use. Violation of our intellectual property rights may subject you to civil liability and/or penalties.
2. Inappropriate Use of OFSMS Website, Materials, Name, Logo, and/or Products
It is inappropriate to use OFSMS Website, our materials, including the OFSMS name and logo, Products and/or Services for Illegal, Inappropriate, or Obscene purposes, or in support of such activities. We define these terms as follows:
“Illegal” activities are those that violate laws, regulations and/or private agreements, including federal or state laws governing charitable activities, copyright laws, trademark laws, license agreements or other intellectual property rights.
“Obscene” activities are those that violate generally accepted social standards for use in connection with our Website, Products, or Services.
We may seek appropriate action to terminate any uses of our Website, materials and/or Services including, but not limited to our name and logo and links bearing our name and logo, in the event we, in our sole discretion, determine that your use: (i) does not conform to any of the conditions of these Terms of Service or as provided elsewhere on our Website; (ii) infringes any intellectual property or other rights of OFSMS or a third party; (iii) adversely affects OFSMS’s image, reputation and/or our Services or programs, or; (iv) violates any applicable law, regulation or ordinance; and/or, is a prohibited activity.
Listed below are some, but not all, prohibited activities that may result in action by OFSMS:
- a) Posting, transmitting, or facilitating in the promotion of illegal content through our Website or our Products and/or Services.
- b) Using our Website, our material, and/or Services to harass, threaten, embarrass, or do anything else to another visitor or third party that is unwanted.
- c) Transmitting or facilitating distribution of content that is untrue, threatening, harassing, abusive, racially or ethnically offensive, vulgar, sexually explicit, obscene, bullying, defamatory, or objectionable.
- d) Using our name and logo or links bearing our name and logo on websites which OFSMS finds, in its sole discretion, to be objectionable or which includes obscene, violent, intolerant, tasteless, denigrating or sexually oriented content or materials.
- e) Impersonating OFSMS staff, or anyone else affiliated with OFSMS.
YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND YOUR USE OF THE SERVICES, PRODUCTS, AND PROGRAMMING OFFERED BY OFSMS IS AT YOUR SOLE RISK AND YOU ASSUME ALL SUCH RISK, WHETHER SUCH SERVICES OR PROGRAMMING ARE OFFERED OR RENDERED IN AN “IN PERSON” SETTING OR REMOTELY VIA TELEPHONIC OR VIDEO CONFERENCING. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OFSMS DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE WEBSITE OR THE SERVICES, PRODUCTS, AND PROGRAMMING OFFERED BY OFSMS, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, QUIET ENJOYMENT, QUALITY OF INFORMATION, AND FITNESS FOR A PARTICULAR PURPOSE. OFSMS DOES NOT WARRANT THAT THE WEBSITE OR THE SERVICES, PRODUCTS, PROGRAMMING OFFERED BY OFSMS WILL MEET YOUR REQUIREMENTS, OR BE FREE FROM MATERIAL DEFECTS. YOU SPECIFICALLY ACKNOWLEDGE THAT OFSMS IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
FURTHER, OFSMS DOES NOT GUARANTEE ANY PARTICULAR OUTCOME WITH REGARD TO ITS SERVICES, PRODUCTS OR PROGRAMMING, AND DOES NOT GUARANTEE THAT YOUR USE OF SUCH SERVICES, PRODUCTS OR PROGRAMMING WILL PROVIDE A PARTICULAR OR DESIRED OUTCOME AS TO YOURSELF, YOUR STUDENTS, THIRD PARTIES OR MINOR CHILDREN WITHIN YOUR CARE OR GUARDIANSHIP. OFSMS OFFERS ITS SERVICES, PRODUCTS, AND PROGRAMMING FOR EDUCATIONAL PURPOSES ONLY AND DOES NOT REQUEST OR COLLECT PERSONAL INFORMATION (NOR WILL IT PERMIT THIRD PARTIES TO REQUEST OR COLLECT SUCH INFORMATION) FROM MINOR CHILDREN UNDER THE AGE OF 13.
4. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL OFSMS OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR VOLUNTEERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR INDIRECT DAMAGES (WHETHER IN CONTRACT, NEGLIGENCE, TORT, OR OTHERWISE), WHICH INCLUDE, WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY, DEATH, LOST PROFITS, LOST DATA AND BUSINESS INTERRUPTION, ARISING OUT OF THE USE OF THE WEBSITE OR THE SERVICES, PRODUCTS AND/OR PROGRAMMING OFFERED BY OFSMS, EVEN IF OFSMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, THE ENTIRE LIABILITY OF OFSMS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR VOLUNTEERS UNDER THESE TERMS OF SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE) IS LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ANY SERVICES, PRODUCTS, OR PROGRAMMING AS OFFERED BY OFSMS THROUGH THE WEBSITE.
5. Other Disclaimers
- a) This Website, the Services, Products and Programming offered by OFSMS and the information contained herein is provided for informational and educational purposes only and may include technical inaccuracies or typographical errors.
- b) The Services, Products and Programming offered by OFSMS and the information contained on the Website is provided with the understanding that OFSMS is not rendering professional advice or recommendations. You should not rely on any information on these Website pages to replace consultations with qualified professionals (including OFSMS staff) to meet your individual needs.
- c) These Terms of Service is distributed internationally and may contain references to other OFSMS members internationally. These references do not imply that OFSMS or another member intend to announce or provide the Services, Products and Programming in your country. All questions about the OFSMS in your country should be directed to email@example.com.
6. Digital Millennium Copyright Act (“DMCA”) Notice
OFSMS is committed to complying with copyright and related laws, and requires all users of the Website to comply with these laws. Accordingly, you may not store any material or content or use or disseminate any material or content through the Website 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 OFSMS to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to OFSMS by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. The designated agent of OFSMS (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 Website in a way that constitutes copyright infringement, please provide our designated agent with the following information:
- a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
- c) a description of where the material that you claim is infringing is located to permit us to locate the material;
- d) your address, telephone number, and email address;
- e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- f) a statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our designated agent for notice of claims of copyright infringement can be reached as follows: firstname.lastname@example.org
- a) OFSMS reserves the right to make any change to the information provided herein at any time for any reason. You acknowledge and agree that you are responsible for keeping up with any such changes.
- b) All issues and questions concerning the construction, validity, enforcement and interpretation of this Agreement and the exhibits and schedules hereto shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
- c) Our failure to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. These Terms of Service and any documents it incorporates by reference constitute the entire agreement between you and OFSMS and govern your use of the Service, superseding any prior agreements between you and OFSMS including, but not limited to, any prior versions of the Terms of Service.