Please read these terms of use (the “Terms of Use”) carefully before accessing or using this website, including through its generally available interfaces (the “Site”). These Terms of Use form an agreement between TheFeminismProject.com, (“TFP”, “we”, “us” and “our”), and you, and govern your use of the Site (the term “use” when used herein in respect of the Site will mean access or use, and using will have a corresponding meaning). By using the Site, you agree to be bound by and comply with these Terms of Use and our privacy policy, which may be accessed at l (the “Privacy Policy”) http://www.thefeminismproject.com/privacy-policy If you do not accept and agree to be bound by these Terms of Use and our Privacy Policy, or are not capable of agreeing to these Terms of Use and our Privacy Policy, then your sole recourse is to stop using the Site immediately.
As a condition of your use of the Site, you warrant that: (a) you have reached the age of majority in your jurisdiction of residence; (b) you possess the legal authority to create a binding legal obligation; and (c) you will use the Site in accordance with these Terms of Use.
Changes to these Terms of Use and the Site
We reserve the right, at any time and from time to time, to change these Terms of Use by posting an updated version of these Terms of Use on the Site. You are responsible for regularly reviewing these Terms of Use, including verifying whether these Terms of Use have changed. Your continued use of this Site or the Site Content after any such changes to these Terms of Use will constitute your consent to be bound by such changes, with continued provision of the use of this Site or the Site Content constituting consideration from us to you for so being bound. Your only right with respect to any dissatisfaction with these Terms of Use is to stop using this Site and the Site Content.
TFP reserves the right to, at any time and from time to time, without notice, modify, add to or remove any material, content, designs, layout, graphics, pictures, illustrations, photographs, images, audio, video, software, artwork, sounds, names, words, titles, phrases, logos, trademarks, service marks, trade names and other information contained on the Site including, without limitation, the “look and feel” of the Site (collectively, the “Site Content”).
Use of the Site
The Site is provided solely to allow you to: (a) read the information, articles and comments made available on the Site; (b) view the videos, photos, pictures and other media made available on the Site; (c) engage with us and other readers via the Site; (d) use the services made available to you by TFP through the Site as authorized by TFP (each of the foregoing, a “Permitted Use”); and (e) submit inquiries to us. Unless otherwise agreed in writing, the Site may only be used through FTP’s generally available interfaces.
FTP retains the right, at its sole discretion, to deny use of the Site to anyone, at any time and for any reason, including, but not limited to, violation of these Terms of Use. You agree to cease and desist from any such use immediately upon request by TFP. TFP will not be responsible for any loss or damages incurred by you as a result of any termination or suspension of your use of the Site.
Ownership
TFP expressly reserves all rights in the Site, Site Content and all other materials provided or made accessible by TFP hereunder not specifically granted to you. All right, title and interest in and to the Site and Site Content and all other materials provided or made accessible by TFP hereunder, any update, adaptation, translation, customization or derivative work thereof, and all intellectual property rights therein will remain with TFP (or its third party suppliers and licensors, if applicable). You acquire absolutely no rights or licences to the Site or the Site Content, other than the limited right to use the Site and the Site Content in accordance with these Terms of Use. The Site, Site Content and all other materials provided or made accessible by TFP hereunder are licensed and not sold to you, and solely for the Permitted Uses. Logos and names of products, companies and/or individuals displayed or mentioned on the Site may be the trademarks of their respective owners.
Privacy Policy
TFP respects your right to privacy of your personal information (as defined in our Privacy Policy). Please review our Privacy Policy for details on the manner in which we collect, use, disclose and otherwise manage your personal information. By using the Site or Site Content, you agree to TFP’s use, collection and disclosure of personal information about you pursuant to our Privacy Policy, which is hereby incorporated by reference and forms a part of these Terms of Use.
Restrictions
You agree that you will not, without TFP’s prior written consent, use the Site or the Site Content for any purpose that is not a Permitted Use. In addition, you agree that you will not, without TFP’s prior written consent: (a) “frame”, “mirror” or otherwise incorporate the Site or the Site Content or any part thereof on any commercial or non-commercial website; (b) access, monitor or copy any Site Content using any data mining, robot, spider, scraper or other automated means or any manual process for any data gathering or extraction methods; (c) violate the restrictions in any robot exclusion headers on the Site or bypass or circumvent other measures employed to prevent or limit access to the Site; (d) take any action that imposes, or may impose, in TFP’s sole discretion, an unreasonable or disproportionately large load on its infrastructure; (e) deep-link to any portion of the Site for any purpose; (f) modify, adapt, alter or translate any software underlying the Site; (g) use or copy any software underlying the Site; (h) attempt to gain unauthorized access to the Services or TFP’s related systems or networks; (i) use or knowingly permit the use of any security testing tools in order to probe, scan or attempt to penetrate or ascertain the security of the Site; or (j) access the Site for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Site.
While you may view the Site and Site Content through a web browser or other interface made generally available by TFP, you otherwise agree that no part of the Site or the Site Content may be copied, reproduced, modified, distributed, transferred, sold, published, broadcast, performed, transmitted, published, licensed or circulated in any form without the prior written consent of TFP. The copying, translation, creation of derivative work of, reverse engineering, reverse assembling, disassembling, or decompiling of the Site or any part thereof or otherwise attempting to discover any source code or modify the Site, without the prior written consent of TFP, is strictly prohibited.
Third Party Sites
The Site may provide links to third party web sites (the “Third Party Websites”). TFP does not endorse Third Party Websites or the information contained on Third Party Websites, and does not guarantee their merchantability, merchantable quality, title, non-infringement, security, reliability, completeness, quiet enjoyment, accuracy, quality or fitness for a particular purpose. TFP does not control Third Party Websites or the content on Third Party Websites, and you acknowledge that you access Third Party Websites entirely at your own risk.
Viruses
Use of the Site, including the use or downloading of Site Content is done entirely at your own risk. TFP cannot and does not guarantee or warrant that the Site or the Site Content are compatible with your computer system(s) or that the Site or the Site Content will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system(s), and you are responsible for the entire cost of any service, repairs or connections of and to your computer system(s) that may be necessary as a result of your use of the Site.
Communications Not Confidential
TFP does not guarantee the confidentiality of any communications made by you to TFP or via the Site or other information transmitted by you to TFP or via the Site, including communications made by email or information transmitted through your use of the Site. TFP may retain a copy of any such information for the purpose of and to the extent necessary for us to comply with applicable legal, regulatory, and/or reasonable internal back-up or archival policies and requirements.
By submitting ideas, suggestions, documents, and/or proposals (“Feedback”) to TFP, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) TFP is not under any obligation of confidentiality, express or implied, with respect to the Feedback; (c) TFP will be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) TFP may have something similar to the Feedback already under consideration or in development; (e) you irrevocably waive your moral rights in and to such Feedback and assign to TFP all rights to your Feedback; and (f) you are not entitled to any compensation or reimbursement of any kind from TFP under any circumstances.
Warranty Disclaimer and Limitation of Liability
THE SITE, INCLUDING THE SITE CONTENT, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TFP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TFP DOES NOT WARRANT THAT THE SITE OR SITE CONTENT OR YOUR USE OF THE SITE OR SITE CONTENT WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT WILL TFP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM OR ARE IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, EVEN IF TFP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TFP MAKES NO WARRANTIES REGARDING THE SITE, SITE CONTENT OR THIRD PARTY WEBSITES. YOU EXPRESSLY RELEASE AND HOLD TFP HARMLESS FROM ANY AND ALL CLAIMS, LOSSES, LIABILITY, DAMAGES, INJURIES AND EXPENSES (INCLUDING, WITHOUT LIMITATION, PERSONAL INJURY CLAIMS) ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITES, OR ANY ALLEGED VIOLATION BY YOU OF THESE TERMS OF USE.
TO THE EXTENT THAT THE FOREGOING LIMITATION DOES NOT APPLY, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF TFP IN CONNECTION WITH OR UNDER THESE TERMS OF USE, INCLUDING FROM YOUR USE OF, OR INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, OR FOR ANY CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO USE, THE SITE, SITE CONTENT OR ANY THIRD PARTY WEBSITE, EXCEED TEN CANADIAN DOLLARS ($10) or the equivalent in local currency.
Indemnification
You agree to indemnify and hold harmless TFP, its affiliates, directors, officers, employees, contractors, agents, suppliers and licensors from and against any and all losses, expenses, damages, claims, fines, penalties, costs and liabilities (including reasonable legal and accounting fees), based upon, arising from or in connection with: (a) your use of the Site, Site Content or any Third Party Website; (b) your breach or alleged breach of these Terms of Use in whole or in part; and (c) your violation of any law or the rights of any third party.
Governing Law and Jurisdiction
These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in the judicial district of Toronto, in the Province of Ontario. If any provision of the present Terms of Use are found by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then such provision will be severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, which is expressly excluded and you also expressly agree to exclude the applicability of the Uniform Computer Information Transactions Act. A printed copy of these Terms of Use and of any notice in electronic form will be admissible in any judicial or administrative proceedings to the same extent and under the same conditions as other business documents and records originally generated and maintained in printed form. You agree that you will only commence an action or application as an individual. You agree that you will not file a class action, or participate in a class action.
Entire Agreement and Waiver
These Terms of Use constitute the entire agreement between TFP and you pertaining to the subject matter hereof and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TFP with respect to the subject matter hereof.
TFP’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right. Waiver of any provision hereof in one instance will not preclude enforcement thereof on future occasions.
It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
