Last Updated: September 8, 2015 

These are the terms of use for the TMI Project website (“Site”), which is a project operated by Starling Productions, Inc., a not-for-profit organization. The Site offers information about the TMI Project (“TMI”), content from TMI projects, including recorded video from TMI participants, as well as news about TMI (“Services”). TMI may also offer users the ability to submit content, including without limitation pictures, posts and other user comments (“User Content”). By accessing the Site, uploading or downloading content or otherwise interacting with the Site, you are accepting these Terms of Use (“Terms”), so please review them carefully before using our Services. Your right to access and use our Services is conditioned upon acceptance of and compliance with these Terms, so if you do not consent and adhere to these Terms, you have no right to access or use our Services.

TMI reserves the right to change these Terms at any time at our sole discretion. Continued access to or use of the Services after the new Terms become effective will constitute acceptance of the new Terms.

Please review our Privacy Policy for information on our collection and use of personal information.

1. Ownership of Content on the Site

Unless otherwise stated, all materials on the Site, with the exception of User Content, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and any written and other content that appear as part of our Services, as well as their selection and arrangement and their “look and feel”, are, insofar applicable, protected by copyright, trademark, trade dress, patent and/or other intellectual property and proprietary rights (collectively “TMI Intellectual Property”). The unauthorized use of such material may be a violation of our rights in the TMI Intellectual Property. Nothing in these Terms shall transfer from us or any of our third party licensors to you any TMI Intellectual Property or third party intellectual property. All right, title and interest in and to our Services and the TMI Intellectual Property are and will remain the exclusive property of TMI. The TMI Intellectual Property, as well as any third party trademarks, logos and service marks contained in our Services, may not be used in connection with any product or service in any manner that is likely to cause confusion, and may not be copied, imitated, or used, in whole or in part, without our or the third party owner’s prior written permission.

2. Limited License.

Subject to these Terms, TMI grants you a license to use the Services on the Site for personal use only, provided you comply with the Terms and do no engage in the activities below.

  • Using the Services to harm or harass anyone or any group, including contacting anyone via the Site without their express permission;

  • Using any content on the Site for purposes other than set forth in the Terms.

  • Impersonating any person or entity;

  • Posting User Content that is abusive, hateful, or embarrassing to any other person or entity;

  • Posting User Content that is obscene or sexually explicit;

  • Posting User Content that is inappropriate or irrelevant;

  • Posting User Content that is directed to people younger than 13 years of age;

  • Deleting, revising or interfering with any content on the Site including User Content.

  • Posting User Content or any content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;

  • Soliciting any activity, unlawful or otherwise, that infringes TMI’s or any third party’s rights or engaging in any form of commercial activity on or via the Site;

  • Download (other than page caching), copy, reproduce, republish, frame, transmit, distribute, publicly display or perform, or modify or create derivative works based on, any content provided on our Services, the selection and arrangement thereof, or our Services themselves;

  • Accessing the Services by means of robots, data mining or similar data gathering and extraction tools or methods;

  • Imposing an unreasonable burden on the network or infrastructure on which our Services are provided or in any other way interfere with the operation of our Services or with any other user’s use of our Services;

  • Removing, circumventing, interfering with or otherwise attempting to breach the security-related features of our Services or in any other way attempt to gain unauthorized access to our Services or any part thereof; or

  • Accessing the Site or using the Services for any purpose that is beyond the scope of our Services’ reasonably expected use, is illegal, or is prohibited by these Terms.

  • Distributing viruses, Trojan horses, worms, time bombs or any other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information; or

  • Employing misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this website.

3. User Content

Should you choose to submit User Content, you understand that you are granting TMI a license to display the User Content in connection with the Services or otherwise as set forth in these Terms, and in accordance with any written agreement you may sign with TMI. Whether or not your User Content is published on the website, TMI guarantees no confidentiality or anonymity with respect to your User Content. If your video or other User Content features your name, likeness or other identifying information in the video, you understand and agree that this information may be displayed on the TMI website along with your User Content. Please review any User Content you plan to submit to ensure it contains no information that you are not comfortable sharing.

You retain all ownership rights to any User Content you submit. By submitting your User Content, however, you grant TMI a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the Services a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, link to and perform such User Content as permitted through the functionality of the Services and under these Terms.

TMI may monitor User Content and where deemed appropriate, take proactive steps, including without limitation notification to appropriate authorities. For example, if we read about illegal activity or imminent threats, we may inform law enforcement agencies.

You hereby expressly acknowledge and agree to such monitoring and that we may disclose information and data that might lead to your identification if we, at our sole discretion, deem it appropriate to protect you or others from serious harm.

TMI reserves the right to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. TMI is not responsible for maintaining the User Content. You should keep a backup copy of any User Content you submit.

TMI is not responsible for the content as User Content, and such User Content may not necessarily represent the views of TMI. Through your use of TMI, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.

4. Submitted Materials.

Unless specifically requested, TMI does not wish to receive any confidential, proprietary, or trade secret information from you via the website (including via contact email made available on the website). If you send TMI any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”) by sending such Submitted Materials you grant TMI a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. You warrant the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. By sending TMI Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize TMI to use the Submitted Material as permitted by the license in this paragraph.

5. Third Party Websites.

The Services may contain links to third party websites that take you outside of the TMI website and the Services. To the extent our Services contain links to outside services and resources, or that our content or Services are embedded or incorporated into third party websites or other properties, you acknowledge that: (1) we are not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites; (2) we are not responsible for any other form of transmission received from any linked site, and (3) and you should review the terms of use and policies of these third party websites or other properties.

When you make a donation through the Site, the transaction is conducted by PayPal.

Also, we may provide links to third party websites or other properties to you only as a convenience, and the inclusion of a link does not imply our approval or endorsement. Any issues or concerns regarding any such site should be directed to the owner or operator of that site or property.

6. Compliance with Law.

You may only use our Services in compliance with all applicable local, state, national and international laws, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy as well as U.S. export laws and regulations. You are not permitted to access or use our Services in any jurisdiction that does not give effect to these Terms. If you access or use our Services from a location outside the United States, you are solely responsible for complying with applicable local laws.

TMI may be required to disclose information that could be used to identify you if requested by law enforcement or other governmental authorities, or that we may choose to do so if we deem it necessary to do so. Please consult our Privacy Policy or more information about this point.

7. Indemnification.

You will defend, indemnify, and hold harmless TMI, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the website.

8. Disclaimers.

OUR SITE, SERVICES AND ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND.

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS WITH RESPECT TO OUR SERVICES AND CONTENT MADE AVAILABLE THROUGH OUR SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF OUR SERVICES, THAT THE FUNCTIONS CONTAINED IN OUR SERVICES OR PERFORMED BY OUR SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY PART OF OUR SERVICES WILL CONTINUE TO BE MADE AVAILABLE, THAT DEFECTS IN OUR SERVICES WILL BE CORRECTED, OR THAT OUR SERVICES WILL BE COMPATIBLE OR WORK WITH ANY THIRD PARTY SOFTWARE, APPLICATIONS OR THIRD PARTY SERVICES. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR AN APPROVED REPRESENTATIVE SHALL CREATE A WARRANTY.

ALL INFORMATION PROVIDED ON OR THROUGH OUR SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT AND DO NOT ENSURE OR WARRANT THAT ANYTHING YOU DOWNLOAD FROM OUR SERVICES WILL NOT CONTAIN VIRUSES OR OTHER DESTRUCTIVE ELEMENTS.

In such jurisdiction that do not allow for the exclusion of implied warranties or limitations on statutory rights of a consumer, the above exclusions and limitations will be valid to the fullest extent allowed by applicable law.

9. Limitation of Liabilities.

EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL TMI, ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES OR ANY OF OUR AFFILIATED ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH (1) THE USE OF, OR INABILITY TO USE, OUR SERVICES; (2) ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES; OR (3) THE CONDUCT OF OTHER USERS OF OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

IF, NOTWITHSTANDING THESE TERMS, WE ARE FOUND LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF OUR SERVICES OR ANY CONTENT MADE AVAILABLE THROUGH OUR SERVICES, THEN OUR LIABILITY SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR THE PROVISION OF OUR SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE (1) U.S. DOLLAR, WHICHEVER IS GREATER.

In such jurisdictions that do not allow for the limitation of liability set forth herein, our liability will be limited to the fullest extent allowed by applicable law.

10. Release.

If you have a dispute with one or more users, you release TMI (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

11. Claims of Infringement.

TMI respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, TMI will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. TMI will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide TMI’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

• Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.

• Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.

• Provide your mailing address, telephone number and, if available, email address.

• Include both of the following statements in the body of the Notice:

• “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”

• “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

• Provide your full legal name and your electronic or physical signature.

• Deliver this Notice, with all items completed, to TMI’s Designated Copyright Agent:

By mail: TMI Project, PO Box 325, Rosendale NY 12472
By email: info@tmiproject.org

While TMI considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

12. Termination.

If we conclude you are violating these policies, you may receive a notice via email or direct message. If you don’t explain or correct your behavior, we reserve to remove any User Content you have posted. In all cases, we reserve the right to suspend accounts or remove content, without notice, for any reason, but particularly to protect our services, infrastructure, users, or community. We reserve the right to enforce, or not enforce, these policies in our sole discretion, and these policies don’t create a duty or contractual obligation for us to act in any particular manner. We also reserve the right to amend these policies.

You may terminate these Terms by disabling all of your User Content from this website and by discontinuing your use of the Services and access to the website.

TMI reserves the right to suspend or terminate the Services and to cease operating this Site at any time.

13. General.

These Terms will be governed by the laws of the State of New York without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms will be in the state and federal courts of New York. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. TMI may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to these Terms. Nothing in this Agreement constitutes a partnership or joint venture between you and TMI. TMI does not guarantee continuous, uninterrupted or secure access to this website or the Services, and operation of the websites may be interfered with by numerous factors outside of its control. TMI failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms set forth the entire understanding and agreement between you and TMI with respect to the subject matter hereof. Sections 1 (Ownership of Content on the Site); 4 (Submitted Materials); 7 (Indemnification); 8 (Disclaimers); 9 (Limitation of Liability); 10 (Release); and 13 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

14. Contact Us.

If you have questions about these Terms or the Services, you may contact TMI at info@tmiproject.org.

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