YOU MUST READ AND ACCEPT BEFORE PROCEEDING OR USING WWW.PANDYS.ORG
The following are terms and conditions for registration, membership and use of the services provided by Pandora’s Aquarium, Inc., located at the URL www.pandys.org.
Because of the nature of this website, you must be 16 (sixteen) years of age or older to be granted access.
Pandora’s Aquarium is not intended to be a substitute for professional assistance. All members and visitors are encouraged to establish a relationship with a trained counselor, therapist, or psychiatrist. Pandora’s Aquarium offers survivor-to-survivor support only. Despite any qualifications staff or members possess, they are not engaged in a professional relationship with any other member. Survivors in crisis are encouraged to seek local help by contacting 911 or their local rape crisis center.
By continuing to register, posting, or reading the message board, you agree to abide by these Terms of Service and Board Guidelines. You agree to read the above two links prior to registering and posting. Your continued use of the Web Site, message forum and chat room signifies your acceptance of these Terms of Service and Guidelines, which are subject to change without notice. Changes will be posted at: http://www.pandys.org/TOS.html
You must READ, FULLY UNDERSTAND and AGREE to all terms and conditions before entering into this Agreement and prior to registration.
By using the board, I warrant that I have read, fully understand, and agree to the terms herein.
In consideration of being permitted to access www.pandys.org (“Web Site”), use the Pandora’s Aquarium, Inc. message board (“Board”) and otherwise enjoy the services of Pandora’s Aquarium, Inc., I warrant that:
* I am at least 18 years of age and that I possess the legal right and capacity to enter into this Agreement and to use this Web Site in accordance with the terms of this Agreement and I agree to the following Terms and Conditions of this Agreement.
* I am 16 or 17 years old and I have obtained permission from my parent or legal guardian to use the Internet to access websites of the same type and nature as this Web Site, including those that contain adult material.
I. NATURE OF AGREEMENT
(1) Agreement Survives Incapacity. This is a durable Agreement, and I agree that it will survive and remain in effect despite any impairment of my mental capacity, incapacity or incompetence subsequent to my initial acceptance of all terms.
(2) Agreement Supercedes All Others. This Agreement embodies the entire agreement between myself and Pandora’s Aquarium, Inc. and is the full and final expression of the intent of the parties with respect to the subject matter herein. This Agreement supersedes any other agreement, written or oral, in regards to the specific items covered by this Agreement, between Pandora’s Aquarium, Inc. and any individual, and any and all prior, contemporaneous or future representations, conditions, warranties, understandings, negotiations, discussions, proposals, communications or previous agreements between the any individual and Pandora’s Aquarium, Inc., or an Agent of Pandora’s Aquarium, Inc.; and shall prevail notwithstanding any variance with any other agreement
(3) Web Site Use Subject to Terms and Conditions. By accessing, viewing, reading, downloading or otherwise using this Web Site, I agree to the Terms and Conditions of this Agreement.
(4) Agreement Terms and Conditions Subject to Change. I understand that Pandora’s Aquarium, Inc reserves the right to change these terms and conditions, guidelines and disclaimers at any time and without notice, and assumes no liability for damages incurred directly or indirectly as a result of errors, omissions or discrepancies. Revised terms and conditions will be posted at the internet address http://www.pandys.org/TOS.html.
II. NOTICE OF INHERENTLY DANGEROUS ACTIVITIES
I have been put on notice that internet activities of this type and nature, including, but not limited to sharing non-identifying personal information about myself, exchanging messages over the internet, and accessing internet sites with similar content may constitute an inherently dangerous activity.
(1) Subject Matter of Web Site. I agree that I have been put on notice that subjects discussed on the Web Site may affect me psychologically and emotionally, and may result in extreme emotional distress. I understand that use of the Web Site (i) may result in or exacerbate psychological disorders, syndromes and symptoms; (ii) may cause injury or otherwise be detrimental to my physical and mental health; (iii) may cause emotional, financial, social, marital, physical or other injury, including but not limited to death; and (iv) other harm and injury.
I acknowledge that Pandora’s Aquarium, Inc. provides peer-support only. I understand that I will not receive psychological, medical, or legal advice through my use of this website. I agree that I will not use this Web Site as a substitute for professional services, and I understand that if I am in a crisis situation I will be referred to resources provided by trained individuals best suited to help me.
(2) Disclosing Identifying Information Prohibited. I understand that Pandora’s Aquarium, Inc. prohibits me from exchanging any identifying information about myself through, on or in connection with Pandora’s Aquarium, Inc. I understand that sharing or exchanging any identifying information about myself, including, but not limited to my full name, email address, street address, city and state, phone number, place of employment and internet protocol (“IP”) address with other users of this Web Site is an inherently dangerous activity and I assume all risks associated with such disclosure.
III. NOTICE OF ADULT CONTENT
Some material on this Web Site may be considered adult oriented and/or sexually explicit, and is related to material of an adult nature. Access is made available only to those who accept the following terms.
By accepting this agreement, I certify the following:
(1) (a) I am at least 18 years of age, or have attained the legal age of majority in my jurisdiction, and I have the legal right to possess adult material in my community. OR
(b) I am 16 or 17 years old, or age of majority in my jurisdiction, but I have obtained permission from my parent or legal guardian.
(2) I understand the jurisdiction, standards and laws of the community, site and computer to which I am transporting this material, and am solely responsible for my actions.
(3) If I use these services in violation of the above agreement, I understand I may be in violation of local and/or federal laws and am solely responsible for my actions.
(4) By logging on, I release and discharged Pandora’s Aquarium, Inc. and its Agents from any and all liability which might arise.
(5) I understand that bookmarking to a page on this Web Site whereby this warning page is by-passed shall constitute an implicit acceptance of the foregoing terms set forth here.
IV. RELEASE OF LIABILITY AND INDEMNIFICATION
The terms of this release are contractual and not a mere recital. By agreeing to this release, I am agreeing that I cannot hold Pandora’s Aquarium responsible for any injury that occurs as a result of this Web Site.
(1) General Release of Liability
In consideration of being permitted to access and use this Web Site, and on behalf of myself and my personal representatives, heirs, and next of kin, I release, waive, discharge and agree not to sue Pandora’s Aquarium, Inc., its officers, directors, trustees and Moderators (hereinafter “Agents” or “Releasees”), from all liability to myself or to my personal representatives, assigns, heirs and next of kin for all loss or damage, and any claim or damage, on account of injury to my person or property or resulting in my death, whether caused by the negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using the Web Site.
I agree to indemnify Releasees and each of them from any loss, liability, damage or cost releasees may incur due to my use of the Web Site, whether caused by the negligence of the Releasees or otherwise. I assume full responsibility for and risk of bodily injury, death or property damage due to negligence of Releasees or otherwise while I am accessing, viewing, reading or otherwise using the Web Site.
I agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of the State of Minnesota and that if any portion of the agreement is held invalid, it is agreed that the balance will, notwithstanding, continue in full legal force and effect.
Being of lawful age, in consideration of being permitted to access and use this Web Site, I do for myself, my heirs, executors, administrators, and assigns, release and forever discharge Pandora’s Aquarium, Inc., its Agents and their heirs, administrators, and executors of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury or personal injuries known or unknown, death and/or property damage resulting or to result from any accident which may occur as a result of my use of this Web Site or any activities in connection with Pandora’s Aquarium, Inc., whether by negligence or not.
I explicitly agree that Pandora’s Aquarium, Inc. and its Agents may recover expenses incurred in defending any suit, including reasonable attorneys’ fees and costs.
(2) Indemnity for Defamation
I agree that I will not publish potentially defamatory material anywhere on the Web Site. I understand that, among other things, this provision prohibits me from posting material such as the name, likeness, or identifying information about any individual, including but not limited to my rapist/abuser, unless there has been a prior criminal conviction of this individual, in which case I may only reveal information that is part of the trial record and legally considered to be in the public domain. I assume all liability for such disclosures covered in this provision, and agree to indemnify Pandora’s Aquarium, Inc., and its Agents for any defamatory statements, photographs, recordings, or other electronic postings that I cause to be published on the Board.
V. DISCLAIMER OF WARRANTIES AND REPRESENTATIONS
(1) No Professional Services, Representations or Warranties
I agree that Pandora’s Aquarium, Inc., and its Agents do not hold themselves out to offer or provide any kind of expert or professional training or knowledge in connection with Pandora’s Aquarium, Inc. Agents make no warranties of fitness or quality of the content of any writings, threads, posts, emails, statements, private messages or other communications, nor are they under any obligation to monitor the Board, chat service, blogs, or other communications on the Web Site.
I understand that Pandora’s Aquarium, Inc. and its Agents make no representations, warranties, or guarantees concerning the safety or therapeutic value of Pandora’s Aquarium, Inc. and in no case will my use of Pandora’s Aquarium, Inc. be considered a substitute for professional medical, psychiatric, psychological or other licensed therapeutic treatment.
I understand that nothing contained within, posted on or communicated through Pandora’s Aquarium, Inc. will be considered professional legal advice. Acceptance of this term certifies my waiver of any legal right that I may have to take action with respect to any loss arising from or in connection with my reliance on any information that is in any way related to law. Under no circumstances will any attorney-client relationship be established, implied, construed or assumed on my part. I agree not to rely or act on any advice posted without first consulting a legal professional. By accepting the terms of this Agreement, I agree to indemnify Pandora’s Aquarium, Inc. and its Agents, and any legal firms, from any claim in negligence or intentional tort, contract or action under state or federal legislation for loss to myself, any company that I am employed by or act as an agent for, and/or any other injury or loss that I may claim to have been caused by using Pandora’s Aquarium, Inc. or from relying on advice from this Web Site or received via email, post and/or by any other means.
(2) No Confidential or Fiduciary Relationship
I agree that no confidential or fiduciary relationship has been, is or will be created by my registration and membership on Pandora’s Aquarium, Inc. In no case shall the Agents of Pandora’s Aquarium, Inc. be held liable for revealing the contents of any writing, post or communication that I post on Pandora’s Aquarium, Inc. My posts, private messages and any information that I publish on Pandora’s Aquarium, Inc. are not privileged or confidential. Staff are under no obligation to monitor Private Messages sent via board and chat software. However, they reserve the right to do so and will access database information when they, in their sole discretion, deem it necessary for the safety of individuals or the integrity of Pandora’s Aquarium, Inc.
(3) No Warranty as to Information
I understand that the materials and information I find on Pandora’s Aquarium, Inc. are provided “as is,” without warranty of any kind, either express or implied, including without limitation any warranty for information, services, or advice provided through or in connection with Pandora’s Aquarium, Inc. and any implied warranties of merchantability, fitness for a particular purpose, expectation of privacy or non-infringement.
I understand that the views and opinions of authors published on this site do not necessarily reflect those of Pandora’s Aquarium, Inc. Reference to any specific commercial products, processes, or services by trade name, trademark, manufacturer, or otherwise does not necessarily constitute or imply its endorsement, recommendation, or favoring by Pandora’s Aquarium, Inc. Nor shall any information or statements contained on this Web Site be used for the purposes of advertising, or to imply an endorsement or recommendation.
With respect to content available on this Web Site, neither Pandora’s Aquarium, Inc., nor any of its Agents make any warranty, express or implied, including but not limited to the warranties of merchantability and fitness for a particular purpose. Further, neither Pandora’s Aquarium, Inc. nor any of its Agents assume any legal liability or responsibility for the accuracy, completeness, or usefulness of any information, apparatus, product or process disclosed; nor do they represent that its use would not infringe privately owned rights.
(5) No Warranty of Service.
I agree that Pandora’s Aquarium, Inc. and its Agents make no representations or warranties regarding the availability, speed, reliability or continued existence of any portion of the Web Site or Pandora’s Aquarium, Inc.
(6) No Responsibility for Links, Emails.Pandora’s Aquarium, Inc. contains links to sites which are not maintained by the named corporation or Web Site owner. While Pandora’s Aquarium, Inc. will try to include only links to those sites which are in good taste and safe for our visitors, under no circumstance will Pandora’s Aquarium, Inc. or its Agents be held responsible or liable for the content of those sites and cannot guarantee that sites will not change without our knowledge, and inclusion of such links does not imply endorsement by Pandora’s Aquarium, Inc. of the linked or framed sites or their content.
Under no circumstances will email or instant messenger exchanges between present or former users of the Web Site be considered to be under the jurisdiction or control of Pandora’s Aquarium, Inc. or its Agents, except emails sent from the domain pandys.org (@pandys.org), which will be indemnified under all provisions of this agreement.
VI. IMPROPER OR UNAUTHORIZED ACCESS AND USE PROHIBITED
I warrant that I am registering for and will use Pandora’s Aquarium, Inc., for the sole purpose of participation in peer support in the recovery of sexual violence under the terms and conditions of this Agreement. I warrant that I am not registering for, and will not access, read, copy or otherwise reproduce, transmit or communicate any portion of Pandora’s Aquarium, Inc. for other purposes, including, but not limited to: illegal or immoral activities; harassment of any individual; or gathering information for use in connection with criminal defense, including all stages of trial, depositions, settlement conferences, negotiations, investigations, informal meetings, or any other related activity, of any defendant, accused or alleged perpetrator of a sex crime. I further warrant that I will not use the services provided by Pandora’s Aquarium, Inc., to make posts or communications that are harassing, defamatory, false, or illegal in nature. I agree that use of Pandora’s Aquarium, Inc. for any improper purpose will constitute a breach of this agreement. Should I breach this provision of the Agreement, I stipulate that the damage caused to the support structure and nature of Pandora’s Aquarium, Inc., being difficult to ascertain, will be measured in the amount of $75,001. I further agree that if Pandora’s Aquarium, Inc. or its Agents, in their sole discretion, determine that I have used the Website for any improper purpose or have otherwise breached this Agreement, my IP address or other information gathered by my use of this Web Site may, in the sole discretion of the Agents of Pandora’s Aquarium, Inc., be reported to police, law enforcement, or other appropriate authorities or individuals. I agree that this provision may be waived only by obtaining written permission from a majority of members of the Board of Directors of Pandora’s Aquarium, Inc.
Nothing in this provision constitutes a representation of a right to confidentiality conflicting with section V.(2) of this Agreement.
VII. PRIVACY STATEMENT
(1) Information Collection. When I access the Web Site, Pandora’s Aquarium, Inc. will learn certain information about me during my visit. How Pandora’s Aquarium, Inc. will handle information depends upon what I do when visiting the Web Site. Pandora’s Aquarium, Inc., does not sell or trade personal information such as my email address.
If I visit the Web Site to read, post, or download information on our pages, Pandora’s Aquarium, Inc. will collect and store the following information about me:
(a) My registered member name;
(b) My IP address;
(c) The date and time I access the Web Site; and
(d) Any communications I make using the message board or chat room provided by Pandora’s Aquarium, Inc.(2) Web Site Security. For site security purposes and to ensure that this service remains available to all users, Pandora’s Aquarium, Inc. uses third-party software programs to monitor network traffic to identify unauthorized attempts to register, post, upload or change information, or otherwise cause damage. Additionally, to improve the information, display, and marketing of Pandora’s Aquarium, Inc., the third-party programs collect information including: the Internet address of the web site I use to link directly to the Web Site; the search engine and keyword search I used to link to the Web Site; the type of internet browser, screen resolution and internet connection speed I utilized during my visit; and the country from which I accessed the site. With the exception of my IP address, these logs are not personally identifiable. If Pandora’s Aquarium, Inc., or its Agents, in its sole discretion, determine me to be in violation of this Agreement, my IP address and other information the Web Site has gathered about me may, in the sole discretion of the Agents of Pandora’s Aquarium, Inc., be used to report my actions to my Internet Service Provider, local authorities, or other individuals, and Pandora’s Aquarium, Inc., reserves the right to disclose information as required by law or in accordance with this Agreement. (3) Search Engine Indexing. My presence and/or activity on the Web Site may be indexed by third party search engines, such as Google and Yahoo. Although Pandora’s Aquarium, Inc. employs software to prevent search engine bots from indexing private forums or user information, search engines may index some public forums or public areas of the site. My username may be collected by a search engine bot in this manner. However, Pandora’s Aquarium, Inc. attempts where possible to eliminate this and the collection of personal data such as my e-mail address and IP address. I am encouraged to choose a username which does not identify me. (4) Cookies. I warrant that I have been given notice of privacy concerns due to the fact that Pandora’s Aquarium, Inc. uses “cookies,” which means that Pandora’s Aquarium will place a file on my computer that keeps track of my login details. On most computers, the Web Site address will appear in the “history” or cache, or on the drop down menu of recently visited sites on my browser. If, when logging into Pandora’s Aquarium, Inc., I can choose “Yes” in answer to the question “Remember my log in details?” and I will be automatically logged in again when I, or anyone else using my computer, visits the Web Site.
(5) Minors. I understand that if I am under the age of 18, and I disclose that I am being physically, mentally, or sexually abused, Pandora’s Aquarium, Inc. may, in its sole discretion, use the information the Web Site has collected or information I have provided to report the abuse to police, law enforcement, or other authorities. However, Pandora’s Aquarium, Inc., its Agents and its Agents are under no obligation to monitor the communications of minors, nor report any alleged or suspected abuse.
Because of the nature of communication through the internet, I understand that Pandora’s Aquarium does not accept memberships to any area of the site from anyone who is under sixteen years of age. If Pandora’s Aquarium, Inc., finds that a member is under the age of 16* their membership will be immediately rendered inactive, and the child will be provided with resources to seek appropriate assistance. This is in compliance with the Children’s Online Privacy Protection Act. You can read more about this act here.
VIII. OWNERSHIP OF WEB SITE AND RIGHTS
(1) Ownership of Web Site Material. Except for the material specifically identified in section (3) of this provision, Pandora’s Aquarium, Inc. will own the exclusive rights to and in the Web Site Material, including, but not limited to, all United States and International copyrights and other intellectual property rights.
The contents of the Web Site pages, including, but not limited to text, graphics, and icons, are copyrighted materials owned or controlled by Pandora’s Aquarium, Inc. and contain Pandora’s Aquarium, Inc’.s name, trademarks, service marks, and trade names. I understand that I may download one copy of these materials on any single computer and print a copy of the materials for my personal use. No other permission is granted to me to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify these materials. No permission is granted here to me to use Pandora’s Aquarium, Inc.’s icons, site address, or other means to hyperlink other Internet sites with any page in the Web Site. I understand that Pandora’s Aquarium, Inc. assumes no responsibility for any other party’s site hyperlinked to the Web Site or in which any part of the Web Site has been hyperlinked.
(2) Waiver of Moral Rights. To the extent that I have any moral rights or similar rights in the material that I post to the Web Site, under the law of any jurisdiction, I waive those rights. I waive any right to have the material attributed to me or to prevent the material from being modified, edited, transformed, or otherwise adapted as Pandora’s Aquarium, Inc., and its Agents may deem necessary.
(3) Excluded Material. The Web Site Materials created by Invision Power Services, Inc., including the Invisionboard technology, are excluded from section (1) of this provision. Graphics and board “skins” created by third parties are also excluded from section (1) with their copyright remaining intact.
IX. GOVERNING LAW AND FORUM SELECTION
The provisions of this Agreement and all suits and special proceedings under it be construed in accordance with and under and pursuant to the laws of the State of Minnesota. In any action, special proceeding, or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the laws of the State of Minnesota shall be applicable and shall govern to the exclusion of the law of any other forum, without regard to the jurisdiction in which any action or special proceeding may be instituted.
The parties acknowledge, agree in, and submit themselves to the jurisdiction of the courts of the State of Minnesota for the present and the future with regard to the subject matter of the agreement in any and all other matters between the parties.
In any subsequent dispute, all provisions of this Agreement will be construed in the favor of Pandora’s Aquarium, Inc. and its Agents.
X. WAIVER OF STATUTE OF LIMITATIONS.I agree not to plead the statute of limitations as a defense to any payment that may become due under this contract, and waive the statute of limitations as to any and all claims that may accrue under this contract.
XI. SATISFACTION AND WAIVER OF STATUTE OF FRAUDS
This agreement is an electronic contract is a signed writing for purposes of the Statute of Frauds. However, I agree not to raise the statute of frauds as a defense in a dispute over the enforceability of this Agreement.
XII. TERMINATION OF SERVICE
(1) I agree that my access and use of Pandora’s Aquarium, Inc. is subject to the terms of this Agreement AND the sole discretion of the Agents of Pandora’s Aquarium, Inc. I agree that my membership and use of Pandora’s Aquarium, Inc. is AT-WILL, and that my membership may be terminated (banned or deleted) at any time and for any reason by the Agents of Pandora’s Aquarium, Inc. I agree to abide by all decisions of the staff regarding my use, access and membership on the Web Site, including restriction, changes or revocation of my membership.
(2) I agree that if my membership is permanently revoked for any or no reason, I will not make any attempt to re-register or otherwise obtain access to Pandora’s Aquarium, Inc. I agree that violation of this provision will be considered and construed as illegal computer hacking, conversion and misappropriation of electronic resources, and that I will be strictly liable in the amount of $50 per hour for any time lost by Pandora’s Aquarium, Inc., or its Agents in connection with my violation of this provision.
XIII. DISAVOWAL OF EXTRANEOUS REPRESENTATIONS.
I have read and agree to the whole of the above Agreement, and state that no representation, promise, or agreement not expressed in this Agreement has been made to induce me to enter into it.
I have carefully read and understand the above Agreement, and I agree to the entirety of its contents by my own free act.
The minimum age requirement was raised from 13 to 16 on March 5, 2009. Minors under the age of 16 who registered prior to this change may retain their accounts. Those who register on or after this date must be 16 years of age or older.