Terms of Use

Effective Date: These Terms of Use are effective as of July 14, 2009.

I. GENERAL

These Terms of Use, and our Privacy Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this web site, apply to you when you view, access or otherwise use the web sites located at mkp.org, mankindprojectjournal.org, newwarriorcircle.mkp.org, as well as other websites owned and operated by The ManKind Project (collectively, the “Websites”). (For a complete list, click here.) The Websites are owned and operated by The ManKind Project (“MKP”), and for the purposes of these Terms of Use, the terms “we,” “us,” “our,” and “MKP,” refer to The ManKind Project. “You” refers to you, as a user of the Websites. By accessing or using the Websites, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have a right to access or otherwise use the Websites and, accordingly, you should not do so.

MKP reserves the right to change these Terms of Use at any time by posting a revised copy of the Terms of Use on the Websites, and you agree that each visit to the Websites shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the Websites.

By accepting these Terms of Use and continuing to use the Websites, you acknowledge and agree that your command of English (or such other language if these Terms of Use are being provided to you by MKP in another language) is sufficient to understand the terms and conditions set forth in these Terms of Use.

II. PRIVACY POLICY

In addition to these Terms of Use, your use of and access to the Websites is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. You agree that your have read, understand, and agree to MKP’s complete Privacy Policy.

III. USE OF THE WEBSITES AND WEBSITE CONTENT

(a) License to Use the Websites
We grant you a nonexclusive, nontransferable, limited right to access, use and display the Websites and the copyrighted materials (including but not limited to photographs, graphics, and logos), trademarks and other proprietary information provided on the Websites (“Website Content”), provided that you comply fully with these Terms of Use. You agree to use the Websites and the Website Content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the Websites or the Website Content in any manner or for any purpose.

(b) Website Accounts
Certain areas of the Websites are accessible only by entering a validly issued username and password. You may not access any password protected areas of the Websites without proper authorization. In the event that you have been issued a valid username and password, you acknowledge and agree that MKP has granted you limited access to specific information or materials relating to your account solely for your lawful, personal, non-commercial, and informational purposes. The material in the password protected areas is confidential to MKP members only. By accessing the password protected areas of the websites you agree to maintain this confidentiality. Requests to share confidential information may be directed to InfoSystems[at]MKP.org. You should take reasonable steps to protect the confidentiality of your username and password, and you should immediately notify MKP if you become aware of any disclosure, loss, theft or unauthorized use of your username or password. MKP will not be liable for any loss or damage arising from your failure to comply with this Section III(b).

(c) Copyright Protection
The Websites (including all Website Content contained on the Websites) is protected by copyright as a collective work under United States copyright laws, and is owned or controlled by, or licensed to, MKP or the party listed as the provider of the applicable Website Content. UNAUTHORIZED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT IS PROHIBITED. You may download any downloadable Website Content only for lawful, personal, noncommercial and informational purposes, provided that such downloadable Website Content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such Website Content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:

© 2009 The ManKind Project. The MKP logo and all associated trademarks and logos used herein are trademarks of The ManKind Project. Other company and product names used herein are properties of their respective owners. All rights reserved.

(d) Trademarks
“ManKind Project”, “New Warrior”, and “Changing the world one man at a time”, and other marks, product names and company names appearing on the Websites, are trademarks and service marks of MKP and/or their respective owners, and are protected by law. They may be used publicly only with permission from MKP. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.

(e) Accuracy of Information
MKP strives to provide accurate and complete information about its business and its activities, and to provide updated information on the Websites; however, MKP does not warrant that any information on the Websites is complete or free from error.

(f) Links to Other Websites and/or Materials
Links may appear on the Websites that may be used to link to third party website(s) (“Linked Websites”). These links are provided solely as a courtesy to our Website visitors. MKP reserves the right to add, change, decline or remove any link at any time. MKP has no control over Linked Websites or the materials, information, goods or services available or contained on these Linked Websites and provides no warranty or endorsement with respect thereto. If you decide to access any of the Linked Websites, you do so entirely at your own risk.

IV. ONLINE PAYMENTS

To make online donations or submit payments for any products or services offered by MKP via the Websites, you must submit all necessary contact and payment information. By making an online donation or payment via the Websites, you represent that any such information supplied by you to MKP is complete, accurate and true. You must be 18 years of age or older to make online donations or other forms of payment. By making an online donation or payment you also represent that you have legal authority to enter into the conditions of use for the Websites, including, without limitation, authorizing MKP or its authorized vendors to collect any and all payments from a credit or debit card and to use the Websites in accordance with these Terms of Use.

Billing to your credit or debit card occurs at the time that you submit your payment information via the Website, or shortly thereafter. You acknowledge that you are responsible for all charges incurred by your use of the Websites and you expressly authorize MKP to charge your credit or debit card for any online donations or payments submitted by you via the Websites.

V. USER CONTENT

From time to time, MKP may provide you with the opportunity to post certain information, data, text, music, sounds, photographs, graphics, videos, messages or other materials including but not limited to comments on our products, facts, advice, “tips”, testimonials and opinions (collectively, “User Content”), in or otherwise using Public Communications Features (as defined in our Privacy Policy) available to you through the Websites from time to time.

Subject to our Privacy Policy, all User Content that you post on the Websites will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the Websites, and you hereby grant MKP the non-exclusive, royalty-free, unrestricted, world-wide, perpetual, irrevocable, and fully transferable, assignable, sub-licensable right and license to reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, or post such User Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose. You agree that you are solely responsible for your User Content. You acknowledge and agree that User Content you view or post on the Websites is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not screen, monitor, review, or edit the User Content posted by you and other users on the Websites. However, we have the right (but not the obligation) at our sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in our judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate, or inaccurate.

For the avoidance of doubt, this section applies only to User Content posted via Public Communications Features, and does not apply to submissions from users which are contributed to The ManKind Project Journal. All such submissions are pre-approved by MKP and are subject to our Submission Policies and Procedures available at http://mankindprojectjournal.org/submissions/.

VI. PROHIBITED ACTIONS

Without limiting anything contained in Section V, you agree that you will not: (i) transmit any User Content that is unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the Websites; (vi) interfere with or disrupt the Websites or servers or networks linked to the Websites, or disobey any requirements, procedures, policies, or regulations of networks linked to the Websites; (vii) violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the Websites, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the Websites for commercial purposes without our prior written consent; or (x) solicit other guests of the Websites to become members of any commercial on-line service or other group or organization without first obtaining our express written consent.

VII. DISCLAIMERS AND LIMITATION OF LIABILITY

USE OF THE WEBSITES AND WEBSITE CONTENT IS AT YOUR OWN RISK AND THE WEBSITES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER MKP, NOR ANY OF ITS AFFILIATES, CONTENT OR SERVICE PROVIDERS, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “MKP PARTIES”), MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, OR THAT THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; PROVIDED THAT THIS LIMITATION SHALL NOT APPLY TO WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.

TO THE EXTENT PERMITTED BY LAW, THE MKP PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUR OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITES, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY INJURY OR DAMAGE RESULTING FROM ANY MISTAKES, INTERRUPTION, OMISSION, DELETION OR OTHER DATA LOSS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, COMMUNICATION-LINE FAILURE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions the above limitations and exclusions may not apply to you. In such states or jurisdictions the MKP Parties’ liability is limited to the extent permitted by law, thereby minimizing the MKP Parties’ liability to you to the lowest amount permitted by applicable law.

VIII. DISPUTE RESOLUTION

If a dispute arises out of these Terms of Use, you and MKP agree to use good faith efforts to resolve the dispute amicably. If the attempt to resolve the dispute amicably is unsuccessful, you and MKP agree to attempt resolution through mediation. The mediation process may be initiated upon thirty (30) days’ prior written notice to the other party. Mediation shall occur in Los Angeles, California, United States of America. The costs of mediation shall be shared equally by both parties. Mediation shall be completed within fifteen (15) days of commencement, unless both parties agree to extend the mediation period or unless the mediator declares both parties to be at an impasse. However, if at any time MKP believes that immediate injunctive relief is required to protect its rights, MKP may invoke the immediate powers of the appropriate court of law without first mediating the dispute.

IX. MISCELLANEOUS

(a) Governing Law and Jurisdictional Issues
This Agreement is governed in all respects by the substantive laws of the State of California and of the United States of America. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The Websites are controlled and operated from MKP’s offices at 7088 Burkitt Road, Antioch, TN 37013, United States of America. You may not use or export any of the Website materials in violation of U.S. export laws and regulations.

(b) Suggestions and Feedback
MKP welcomes feedback, testimonials or inquiries about our services or our organization. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of MKP.

(c) Interpretation and Entire Agreement
These terms and conditions, together with our Privacy Policy, form the complete and exclusive agreement between you and MKP, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and MKP relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason 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.

(d) Contact Us
If you have any questions, comments or concerns regarding about these Terms of Use and/or the Websites, please send an email to: InfoSystems[at]MKP.org.

The ManKind Project
7088 Burkitt Road
Antioch, TN 37013