Terms of Use

Stand with Asian Americans Terms of Use

 

These Terms of Use (“Terms”) govern your use of and access to Stand with Asian Americans’ (“SwAA”, “we” or “our”) website, services, including any information, text, graphics, photos or other materials uploaded, downloaded or appearing on SwAA’s website (collectively referred to as “Content”) and any functionality and services offered on or through our website (“Services”), whether as a guest or registered user. Before using Services, you are required to read, understand and agree to these terms. Please be advised that your use of Services constitutes your agreement to these Terms, so you should read them carefully. You may only access Services after reading and accepting these Terms of Use.

1. Your Agreement With SwAA.

1.1. Choice of Law. Your relationship is with SwAA and you agree to be bound by the laws of California and the laws of the United States.

1.2. Any information that you provide to SwAA is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by SwAA. As part of providing you the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and your Services account, which you may not be able to opt-out from receiving.

1.3. By using our Services, you agree, to the fullest extent permitted by law, to defend, indemnify and hold harmless SwAA and all of its employees, shareholders, owners, officers and agents (“SwAA Group”) harmless from and against any claim or demand, made by any third party arising out of: 1) your use of our Services; 2) Content (including posts, images, videos, and other materials) you upload or share on Services); 3) your connection to our Services; 4) your violation of these Terms of Use; or 5) violation of any other applicable laws.

2. Basic Terms.

2.1. You are responsible for your use of the Services, for any Content you post to the Services, and for any consequences thereof. The Content you submit, post, or display on any message board will be able to be viewed by other users of the Services who have the right to submit, post, or display on the same board. You should only provide Content that you are comfortable sharing with others under these Terms. You agree that by using the Services or posting any Content, you have reviewed and will adhere to our Community Guidelines.

2.2. You may use the Services only if you can form a binding contract with SwAA and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

2.3. The Services that SwAA provides are always evolving and the form and nature of the Services that SwAA provides may change from time to time without prior notice to you. In addition, SwAA may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

2.4. The Services may include advertisements, which may be targeted to the Content or information on the Services, queries made through the Services, or other information. The types and extent of advertising by SwAA on the Services are subject to change. In consideration for SwAA granting you access to and use of the Services, you agree that SwAA and its third party providers and partners may place such advertising on the Services or in connection with the display of Content or information from the Services whether submitted by you or others.

3. Your Content.

3.1. Ownership: You retain all rights and ownership in your Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will SwAA be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

3.2. Use. You hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully paid and royalty free license to use, sell, sub-license, reproduce, copy, perform, display, create derivative works of, adapt, distribute, and otherwise exploit the Content in any and all media throughout the world for the purpose of maintaining or improving our Services. To the greatest extent permitted by applicable law, you hereby waive any and all of your moral rights applicable to our exercise of the foregoing license.

3.3. Passwords. You are responsible for safeguarding any password that you use to access the Services and for any activities or actions under your password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. SwAA cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

3.4. Permissions and Restrictions on Use of Services and Content. We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services, to suspend or terminate users, and to reclaim usernames without liability to you. You may access and use the Service and Content as made available to you, as long as you comply with these Terms. You may view or use the Content for your personal, non-commercial use. You may also share Content through features we expressly provide (e.g., embed-sharing feature). Your right to access and use our Services is limited in that you are, except as expressly stated otherwise in these Terms, not allowed to:

• Engage in or attempt to engage in a transaction of an account (including, selling or trading), whether it is free or paid, or otherwise attempting to sign up or log-in to an account or access our Services in an authorized manner.
• Discuss or incite anything unlawful, misleading, malicious, or discriminatory.
• Defame, harass, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity or intellectual property) of other users of the Services, or any other individuals, groups or entities.
• Post any image or language that is offensive, pornographic, contains nudity, harmful, inaccurate, threatening, or otherwise inappropriate to any individual or group.
• Post anything contrary to our public image, goodwill, or reputation.
• Engage in any act of publishing Content, signing up for our Services, or related activities in a manner inconsistent with the intended purpose of our Services.
• Crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, sell or resell any part of our Content or Services by any automated or non-automated means (including, through embed-sharing), except as expressly permitted by SwAA.

3.5. Although we may monitor the Content and make efforts to eliminate harmful or unlawful Content, we are not responsible for any intellectual property rights violations, misuse of confidential information, or other such unlawful activity involving the Content.

3.6 In the event you have any claims regarding an alleged or potential violation of your rights to your Content, you may contact us at legal@standwithasianamericans.com. The process of addressing your violations may differ depending on laws applicable to the User’s use of our Services.

4. Use of Communication Services

4.1. SwAA’s site may in the future contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Abuse, harass, stalk, violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, topic, name
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of SwAA
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests 
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

4.2. SwAA has no obligation to monitor the Communication Services. However, SwAA reserves the right to review materials posted to a Communication Service. SwAA reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

4.3. SwAA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, edit in whole or in part, in SwAA’s sole discretion.

4.4. Always use caution when giving out any personally identifying information about yourself or other people in any Communication Service. SwAA does not control or endorse the content, found in any Communication Service and, therefore, SwAA specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

4.5. By posting, uploading, inputting, your submission to SwAA, you are granting SwAA, to use your submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your submission; and to publish your name in connection with your submission.

4.6. No compensation will be paid with respect to the use of your submission, as provided herein. By posting, uploading, inputting, you represent that you own all the rights necessary for you to provide, post, upload, input or submit the submissions.

4.7. SwAA does not monitor message boards hosted on its site. The content of message boards is the sole responsibility of the person supplying the content, and SwAA assumes no liability related to the content of such boards. All messages posted on SwAA message boards are non-confidential and will be treated as such.

5. SwAA Rights.

All right, title, and interest in and to the Services (excluding Content provided by users) are and will remain the exclusive property of SwAA and its licensors. The Services may be protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the SwAA name or any of the SwAA trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding SwAA, or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

6. Copyright Policy.

SwAA respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to SwAA. 

If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide SwAA’s designated copyright agent with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SwAA to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. You may send such notice to SwAA’s designated copyright agent by email to legal@standwithasianamericans.com or by mail to: Stand with Asian Americans, 1189 Tennessee St Unit 201, San Francisco, 94107.

We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, SwAA will also terminate a user’s account if the user is determined to be a repeat infringer. 

7. Our Disclaimer of Warranties.

7.1. You acknowledge and agree that by accessing or using the Services, you may be exposed to materials from others that you may consider offensive, indecent, or otherwise objectionable, and agree to accept that risk. Views expressed on our website or through our Services do not necessarily reflect our views. We do not support or endorse any content posted by you or other users. Certain content from others may be incorrectly labeled, rated, or categorized.

7.2. Although we will provide reasonable security measures to protect your content, we are not liable for any damages resulting from the disclosure of your content.

7.3. SwAA’s website may contain links to other websites or resources that are not owned or controlled by SwAA, and that SwAA is not responsible or liable for the content, accuracy, privacy, or security of such third-party sites or resources, and you should review their terms and policies before accessing or using them.

7.4. Disclaimer of Warranties: YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND SwAA MATERIALS ARE PROVIDED TO YOU “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, SERVICES, OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES, OR MATERIALS WILL BE CORRECTED.

8. Our Limitation of Liability.

8.1. Limitation of Liability: IN NO EVENT SHALL SwAA GROUP BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER.

8.2. SwAA GROUP’S AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO ONE HUNDRED DOLLARS (US $100).

8.3. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

9. Settling Disputes with SwAA.

9.1. You agree that your relationship with SwAA Group shall be governed by the laws of the State of California  and the laws of the United States, and that any claims or grievances of any nature or any disputes arising from or relating to these Terms shall be brought exclusively in the courts of the County of San Francisco, or the United States District Court for the Northern District of California, unless otherwise agreed in writing.

9.2. Disclaimer: You and SwAA each disclaim the U.N. Convention on Contracts for the International Sale of Goods. By using our Services, you and SwAA both agree it does not apply to the Services.

10. Termination.

10.1. You can stop using our Services at any time.

10.2. We may add, modify, or remove features or functionalities, and we may suspend or stop all or part of the Services. We may also stop providing Services to you, or add or create new limits to our Services at any time.

10.2.1. If we determine in our reasonable judgment that you are not employed by or ceased employment with the company to which you have an access account in our Service, we may suspend or terminate your access to such account or Service without prior notice, at our sole discretion.

10.2.2. If we discover an abnormal or otherwise unauthorized attempt to create and/or use an account, we reserve the right to restrict the account’s creation or access to our Services and, if necessary, delete the account created in such an abnormal way.

10.3. If the Service is terminated or discontinued, then we will make a reasonable effort to notify you and provide an opportunity to retrieve your content. 

11. Notices.

11.1. Notice to SwAA. Unless these Terms or any Additional Terms say otherwise, you must send any notices to: legal@standwithasianamericans.com.

11.2. Notice to You: For purposes of service messages and notices about the Services, SwAA will place a banner notice across its pages or use other means we believe reasonable to alert you to certain messages and notices. You acknowledge and agree that the methods we use to notify you of any messages as described above are the best available methods for such notices, and that we shall have no liability associated with or arising from your failure to receive such critical information about the Services.

12. General Terms.

12.1. Export Control. You acknowledge that the Services, and your use and handling of the Services, are subject to U.S. and international laws, restrictions, and regulations that may govern the import, export, and use of the Services and SwAA Content. You agree to comply with all such laws, restrictions, and regulations.

12.2. English Version. The English version of this agreement will be the version used when interpreting or construing this agreement.

12.3. Severability: If a court finds any section of the Terms invalid or unenforceable, the rest of the Terms still apply.

12.4. No Waiver: Failure to enforce (or delay of the enforcement of) any of these Terms against you shall not constitute a waiver of the Terms or waiver of the right for SwAA to enforce such Terms.

12.5. Assignment or Transfer: SwAA does not grant access to anyone other than users who have entered into an agreement directly with us, and you cannot assign or transfer your account nor your rights or obligations under this agreement to someone else, whether for free or for payment, without SwAA’s prior permission. We can transfer our rights and obligations to you (provided, only if we are acquired by or merge with another company, sell one of the Services, or otherwise) without your permission.

12.6. Entire Agreement. These Terms are the entire and exclusive agreement between SwAA and you regarding the Services, and these Terms supersede and replace any prior agreements between SwAA and you regarding the Services. We may revise these Terms from time to time. If the revision, in our sole discretion, is material we will notify you via banner notice across our page or other means possible and appropriate for the type of notice provided. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

Effective: May 04, 2022

Last Updated: December 05, 2023