1. Definitions.
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG (asar-intl.com / asarian-intl.org),
the "Provider", is committed to
empowering Sexual Abuse Survivors with--including, but not limited to--anonymous
voice via the internet while seeking to enhance their recovery process. We offer
this voice in the form of anonymous email accounts, message boards, irc chats,
mailing lists and webhosting and in other formats as we see fit in the future.
"Subscriber" means each person who has become a registered participant of the
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG .
2. General.
(A) By using ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG (other than to
read this Agreement for the
first time), Subscriber agrees to comply with all of the terms and conditions hereof.
The right to use ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG is personal to
Subscriber and is not
transferable to any other person or entity. Subscriber is responsible for all
use of Subscriber's Account (under any screen name or password) and for ensuring
that all use of Subscriber's Account complies fully with the provisions of this
Agreement. Subscriber shall be responsible for protecting the confidentiality of
Subscriber's password(s), if any.
(B) ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG shall have the right at
any time to change or discontinue any aspect or feature of ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG , including, but not limited to, content, hours
of availability, and equipment needed for access or use.
3. Changed Terms.
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG shall have the right at any time to
change or modify the
terms and conditions applicable to Subscriber's use of ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG , or
any part thereof, or to impose new conditions. Such changes, modifications, additions
or deletions shall be effective immediately upon notice thereof, which may be given
by means including, but not limited to, posting on ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG , or
by electronic or conventional mail, or by any other means by which Subscriber
obtains notice thereof. Any use of ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG
by Subscriber after
such notice shall be deemed to constitute acceptance by Subscriber of such changes,
modifications or additions.
4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone,
computer hardware and other equipment needed for access to and use of Asarian
International Org and all charges related thereto.
5. Subscriber Conduct.
(A) Subscriber shall use ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG for
lawful purposes only.
Subscriber shall not post or transmit through ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG any material
which violates or infringes in any way upon the rights of others, which is unlawful,
threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar,
obscene, profane or otherwise objectionable, which encourages conduct that would
constitute a criminal offense, give rise to civil liability or otherwise violate
any law, or which, without ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG 's
express prior approval,
contains advertising or any solicitation with respect to products or services.
Any conduct by a Subscriber that in ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG 's
discretion restricts
or inhibits any other Subscriber from using or enjoying ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG
will not be permitted.
(B) ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG contains copyrighted material,
trademarks and other
proprietary information, including, but not limited to, text, software, photos,
video, graphics, music and sound. Authors and artists presenting work on the
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG site retain their own copyrights.
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG
owns a copyright in the selection, coordination, arrangement and enhancement
of content on its own site. Subscriber may not modify, publish, transmit,
participate in the transfer or sale, create derivative works, or in any way exploit,
any of the content, in whole or in part. Subscriber may download copyrighted material
for Subscriber's personal use only. Except as otherwise expressly permitted
under copyright law, no copying, redistribution, retransmission, publication or
commercial exploitation of downloaded material will be permitted without
the express permission of ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG and
the copyright owner.
In the event of any permitted copying, redistribution or publication of
copyrighted material, no changes in or deletion of author attribution, trademark
legend or copyright notice shall be made. Subscriber acknowledges that it does
not acquire any ownership rights by downloading copyrighted material.
(C) Subscriber shall not upload, post or otherwise make available on
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG any material protected by
copyright, trademark or
other proprietary right without the express permission of the owner of the
copyright, trademark or other proprietary right and the burden of determining
that any material is not protected by copyright rests with Subscriber. Subscriber
shall be solely liable for any damage resulting from any infringement of
copyrights, proprietary rights, or any other harm resulting from such a
submission. By submitting material to any public area of ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG ,
Subscriber automatically grants, or warrants that the owner of such material has
expressly granted ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG the royalty-free,
perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish, translate
and distribute such material (in whole or in part) worldwide and/or to incorporate it
in other works in any form, media or technology now known or hereafter developed for
the full term of any copyright that may exist in such material. Subscriber also
permits any other Subscriber to access, view, store or reproduce the material for
that Subscriber's personal use. Subscriber hereby grants ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG
the right to edit, copy, publish and distribute any material made available on
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG by Subscriber.
6. Disclaimer of warranty; limitation of liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL
ORG IS
AT SUBSCRIBER'S SOLE RISK. NEITHER ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG,
ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS
OR LICENSORS WARRANT THAT ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG WILL
BE UNINTERRUPTED OR
ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM USE OF ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG , OR AS TO THE
ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG .
(B) ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE
OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY
FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY
IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT
OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER
FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF
ACTION. SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG IS
NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS
OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY
WITH SUBSCRIBER.
(D) IN NO EVENT WILL ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG , OR
ANY PERSON OR ENTITY INVOLVED
IN CREATING, PRODUCING OR DISTRIBUTING ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG
OR THE
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG SOFTWARE, BE LIABLE FOR ANY DAMAGES,
INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG .
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY
TO ALL CONTENT ON ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG .
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG ,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS,
OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION
CONTAINED WITHIN ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG ,
OR FOR ANY DELAY OR INTERRUPTION
IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE
FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED
TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG ,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR GUARANTEE
THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY,
THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
7. Monitoring.
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG shall have the right, but not
the obligation, to monitor
the content of ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG , including chat
rooms and forums, to
determine compliance with this Agreement and any operating rules established by
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG and to satisfy any law, regulation
or authorized
government request. ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG shall have
the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted
on ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG . Without limiting the foregoing,
ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG
shall have the right to remove any material that ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG , in its
sole discretion, finds to be in violation of the provisions hereof or otherwise
objectionable.
8. Indemnification.
Subscriber agrees to defend, indemnify and hold harmless ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG ,
its affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorneys' fees, arising out of the
use of ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG by Subscriber or Subscriber's Account.
9. Termination.
Either ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG or Subscriber may
terminate this Agreement at
any time. Without limiting the foregoing, ASAR INTERNATIONAL COM,
ASARIAN INTERNATIONAL ORG shall have
the right to immediately terminate Subscriber's Account in the event of any
conduct by Subscriber which ASAR INTERNATIONAL COM, ASARIAN INTERNATIONAL ORG, in its
sole discretion,
considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 6, 8, and this Section 9
shall survive termination of this Agreement.
