Terms And Conditions Of Use

Date of Last Revision: August 21, 2019

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.

These terms and conditions of use (“Terms of Use”) apply to your use of the website which is owned and operated by Bystander Revolution, LLC ("Bystander Revolution”) and is currently located at www.bystanderrevolution.org (the "Site"). Bystander Revolution may modify these Terms of Use at any time upon notice. Notice may be provided by email, by posting a notice on the Site, by posting the revised Terms of Use on the Site, or in some other manner as determined by Bystander Revolution. Your continued use of this Site after the revised Terms of Use are posted will confirm your acceptance of the revised terms.

1. Privacy Policy

   Please see our Privacy Policy for information on how Bystander Revolution collects, uses and discloses personally identifiable information from its users.

2. Copyright and Limited License

   The Site and all content and other materials on the Site (the "Site Materials") are protected by copyright and may be used only as described in these Terms of Use. You may use the Site solely for personal use, provided that you do not:

   • resell or make any commercial use of the Site or the Site Materials;
   • copy, distribute or modify the Site or the Site Materials, without our express permission;
   • use any data mining, robots or similar data gathering or extraction methods on the Site;
   • violate these Terms of Use including the user content and conduct rules set forth in Section 3 below; or
   • use the Site or the Site Materials other than for its intended purpose.

   The Site may contain certain materials that are designated as intended for downloading by users (the “Download Materials”). You may download, reproduce and distribute such Download Materials provided that: (a) they are used solely for noncommercial purposes to help to promote the mission and message of Bystander Revolution; (b) you do not edit or modify the Download Materials in any manner; (c) they are not used in a disparaging manner of any kind; and (d) they are used in accordance with any special rules designated on the Site as applying to the use of such Download Materials.

   We may revoke the forgoing licenses at any time. Any use of the Site or any Site Materials (including Download Materials) in violation of these Terms of Use will terminate your right to use the Site and may also infringe our rights and violate applicable law.

3. User Content and Conduct Rules

   Bystander Revolution encourages users to post, submit, and link to content, including videos, poems, messages, suggestions, comments, solutions, information, text, photos, and graphics ("User Content") to or through the Site. Note, however, that you must be 13 years of age or older to submit videos or other User Content. If you are under 13 and wish to submit a video, you must ask your parent or guardian to submit the User Content on your behalf. By submitting a video, you are representing that you are 13 or over.

   When you view User Content submitted by other users, keep in mind that such User Content may not represent your own view or the view of Bystander Revolution. You are solely responsible for any User Content you submit and for your conduct in using the Site.

   You agree not to post, submit, or link to any User Content that:

   • is defamatory, harassing, bullying, threatening, harmful, abusive, inflammatory, false, misleading, fraudulent or otherwise inappropriate;
   • is obscene, pornographic, indecent, suggestive or contains other adult content or graphic violence;
   • would violate any local, state, national or international law or would encourage or provide instructions for a criminal offense;
   • infringes or violates the rights of any third party, including any copyrights, trademarks, patents, trade secrets, or other intellectual or proprietary rights or any privacy or publicity rights;
   • contains advertising, solicitations, promotions, or political campaigning;
   • discloses the private and personal information of third parties, including full name, address, phone number, email address, Social Security number and credit card number;
   • contains viruses, corrupted data or other harmful, disruptive or destructive files; or
   • violates these Terms of Use or which may expose Bystander Revolution or its users to any harm or liability of any type.

   You further agree not to do any of the following in connection with the Site or its users:

   • Use the Site in a manner that could interfere with, negatively affect, or inhibit other users from enjoying the Site or that could damage, disable, overburden, or impair the functioning of the Site;
   • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
   • Stalk, intimidate, threaten, or otherwise harass or cause discomfort to other users or collect information about users;
   • Send or post spam or unsolicited or bulk commercial electronic communications;
   • Use the Site for any illegal or unauthorized purpose or encourage others to do so; or
   • Circumvent, or attempt to circumvent, any filtering, security measures or other features Bystander Revolution may from time to time adopt to protect the Site, its users or third parties.

   Enforcement of these rules is at the discretion of Bystander Revolution, and failure to enforce a rule does not waive any rights for future enforcement. Users do not have a right to insist on enforcement of these rules or to expect that the Site will not contain content or conduct that is prohibited by these rules.

4. Rights and Responsibilities With Respect to User Content and User Conduct

   You retain all copyright and ownership of the User Content you submit through the Site. Bystander Revolution has the right, but is not obligated, to monitor, screen, or edit User Content and to remove or disable access to any User Content in its sole discretion, with or without notice. While Bystander Revolution encourages User Content that is supportive and helpful, through your use of the Site, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You acknowledge that Bystander Revolution is not responsible or liable in any manner for any User Content or user conduct you may encounter in connection with the Site. You understand that all User Content submitted or posted in connection with the Site is public and nonconfidential, and Bystander Revolution is not responsible for any negative consequences that may result from your submitting, posting or accessing User Content. Use of the Site is at your own risk.

5. License to User Content

   If you post or submit any User Content in connection with the Site, Bystander Revolution and its affiliates will have the right to publish, reproduce, distribute, modify, perform, display, promote and otherwise use and create derivative works of such User Content in any manner they see fit, whether on or off the Site. You also grant Bystander Revolution the right to use your name, likeness, voice or identity in connection with your User Content and its distribution and promotion. If you are submitting a video that depicts your child or another third party, you also grant such rights (and you are authorized to grant such rights) on their behalf. The rights and licenses granted in these Terms of Use may be sublicensed as Bystander Revolution deems appropriate. Accordingly, please review your User Content carefully prior to submitting it to the Site to make sure that the User Content only contains information that you are comfortable sharing. If the User Content you submit is a video, you can disable access to that User Content by deleting it from your YouTube account. You release Bystander Revolution, and anyone acting under its authorization, from any claims that such use violates any of your rights, including any copyrights and rights of publicity or privacy. You understand that you will not be entitled to any compensation for these rights and releases or for the use of any of the User Content. You further understand that this license and release is perpetual and irrevocable, so that Bystander Revolution may rely on it.

6. Feedback

   If you provide any feedback to Bystander Revolution, including any comments, suggestions, ideas, plans, or other materials regarding Bystander Revolution or the Site (“Feedback”), you understand that such Feedback is non-confidential and shall become the sole property of Bystander Revolution. You hereby assign to Bystander Revolution all right, title and interest in and to all Feedback, including all intellectual property rights therein, and shall be entitled to the unrestricted use of any Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

7. Trademarks

   BYSTANDER REVOLUTION, the Bystander Revolution logos, the look and feel of the Site, and any other Bystander Revolution names, logos or slogans contained in the Site are trademarks or service marks of Bystander Revolution, and may not be used without prior written permission. For example, you may not use the BYSTANDER REVOLUTION name or logo in any video you submit. All other trademarks, product names, company names or logos mentioned in the Site are the property of their respective owners. Reference to any third party trademark on the Site does not constitute or imply any endorsement, sponsorship or affiliation.

8. Hyperlinks

   You may link to the Site for noncommercial purposes, provided that: (a) the link does not portray Bystander Revolution or any of its products and services in a false, misleading, derogatory or defamatory manner; (b) the linking site does not contain any adult content or any material that is offensive, harassing, illegal or otherwise objectionable; (c) you do not use a Bystander Revolution logo or graphic to link to this Site without written permission; and (d) you do not utilize framing techniques. This right may be revoked at any time.

   The Site may contain links to third party websites that take you outside of the Site. For example, if you want to submit a video to the Site, you must submit a link to the video which is stored in your YouTube account. Therefore, when you submit a video to the Site, you are also subject to YouTube’s terms of service and privacy policy. Bystander Revolution is not responsible for the quality, content, nature or reliability of third-party Web sites or content linked to from the Site. Including a link on the Site does not imply any affiliation or endorsement of the linked site or its content by Bystander Revolution. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

9. Third Party Content

   The Site may include third party content or may contain information about third-party products or services (collectively the "Third Party Content"), which is provided as a service to those interested in this content or information. Bystander Revolution does not control, endorse or adopt, and is not responsible or liable for, any Third Party Content or any third party products or services. If you use such Third Party Content, products and services, you do so at your own risk.

10. Repeat Infringer Policy

    In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Bystander Revolution has adopted a policy of terminating, in appropriate circumstances and at Bystander Revolution's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Bystander Revolution may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

11. Copyright Complaints

    If you believe that anything on the Site infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

    • Name of Agent Designated to Receive Notification of Claimed Infringement: Copyright Agent
    • Full Address of Designated Agent to Which Notification Should be Sent: PO Box 31848 Seattle, WA 98103-9998
    • Telephone Number of Designated Agent: (206) 245-9711
    • E-Mail Address of Designated Agent: copyright@bystanderrevolution.org

    Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

12. Representations and Warranties

    You represent and warrant that (a) you own and control all rights to the User Content you post or submit or you otherwise have the right to post or submit such User Content to the Site and grant the rights you grant in these Terms of Use; (b) the User Content is accurate and not misleading and does not violate any applicable law, rule or regulation; and (c) the User Content, and its use by Bystander Revolution as permitted in these Terms of Use, will not violate these Terms of Use, infringe upon or violate any third-party rights, or cause harm or injury to any person or entity.

13. Indemnification

    You agree to defend, indemnify and hold harmless Bystander Revolution, and its owners, agents and employees, from any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to any User Content you post, submit, store or link to through the Site, your conduct on or in connection with the Site, or your violation of these Terms of Use or the rights of any third party.

14. Disclaimer

    THE SITE AND THE SITE MATERIALS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. BYSTANDER REVOLUTION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

    WHILE BYSTANDER REVOLUTION ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE SAFE, BYSTANDER REVOLUTION CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVERS ARE SAFE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

    Bystander Revolution reserves the right to change any and all content contained in the Site and to modify, suspend or discontinue the Site or any features or functionality of the Site at any time without notice and without obligation or liability to you.

15. Limitation of Liability

    TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL BYSTANDER REVOLUTION, ITS MANAGERS, MEMBERS, EMPLOYEES, ADVISORS, AGENTS OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE, OR ANY THIRD PARTY USE OF, THE SITE, THE SITE MATERIALS, THE USER CONTENT OR ANY OTHER MATERIALS OR INFORMATION ACCESSED THROUGH THE SITE; AND (B) IN NO EVENT SHALL THE TOTAL LIABILITY OF BYSTANDER REVOLUTION (WHETHER IN CONTRACT, WARRANTY, TORT, INFRINGEMENT, OR OTHERWISE), ARISING OUT OF OR RELATING TO ANY USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS, ANY USER CONTENT OR THIRD PARTY CONDUCT, OR THESE TERMS OF USE, EXCEED $5.00.

16. Applicable Law and Venue

    These Terms of Use and your use of the Site are governed by the laws of the State of Washington, applicable to agreements made and performed within the State of Washington, without resort to its conflict of law provisions. You agree that any action relating to these Terms of Use shall be filed only in the state and federal courts located in King County, Washington and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Use.

17. Termination

    Bystander Revolution reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your future access to and use of the Site for any reason.

18. Severability

    If any provision of these Terms of Use is deemed unlawful, void or unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.