These Terms and Conditions of Use (“Terms”) govern your (“You” and “Your”) access and use of the Center for Positive Sexuality’s (“CPS”) Sex Positive Professional Certification Program Website(s) located at: http://positivesexualitycertification.com, and any related services, software functionality, and other materials located there (collectively the “Site”) by you (“You” or “Your”). THIS IS A LEGAL BINDING AGREEMENT BETWEEN CPS AND YOU, BOTH AS AN INDIVIDUAL END USER AND AS AN AGENT FOR ANY ENTITY THAT YOU ARE ACTING ON BEHALF OF WHEN ACCESSING THE SITE. YOU SHOULD CAREFULLY READ THE TERMS BECAUSE THEY GOVERN YOUR ACCESS TO AND USE OF THE SITE. YOUR USE OF THIS SITE INDICATES YOUR ACCEPTANCE OF THESE TERMS. YOU AGREE TO USE THIS WEB SITE AT YOUR OWN RISK. IF YOU DO NOT AGREE TO THE TERMS YOU MUST STOP USING THE SITE. These Terms are effective as of August 24, 2019.
General: The Site is intended for use individuals interested in learning about or participating in CPS’s Sex Positive Professional Certification Program (“User(s)”).
Site Usage: You must be 18 years of age or older to visit or use the Site. If You are under the age of 18, You must use the Site under the supervision of a parent, legal guardian, or other responsible adult. You may use the Site only for lawful purposes and as intended by these Terms, which are solely interpreted by CPS.
License to Use: Subject to your continued compliance with these Terms, CPS grants You a revocable, limited, royalty-free, non-exclusive, non-transferable, and non-sublicenseable license to access and use the Site solely for your personal purposes. You may download and print materials and information from the Site solely for your personal purposes, provided that all hard copies contain all copyright and other applicable notices contained in such materials. All rights not expressly granted under these Terms are reserved by CPS. Accordingly, you are may not use the Site in any manner that is not expressly and unambiguously authorized by the Terms. CPS reserves the right to suspend or terminate the license described in this section of the Terms without reason or cause at any time, in its sole discretion.
transmit, post, distribute, store or destroy material, including without limitation, Site content (including information, images, software, or other contents of the Site) in violation of any applicable law, regulation, or agreement with CPS;
violate or attempt to violate the security of the Site;
submit any content or material that is false or misleading;
share with a third party Your login credentials to the Site;
access data not intended for You or logging into a server or account which You are not authorized to access;
solicit passwords or personally identifiable information from other users;
send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes promoting or advertising products or services to any User;
contact any users that have specifically requested not to be contacted by You;
harass, incite harassment, or advocate harassment of any group, organization, or individual; or
use the Site for any unlawful purpose or any illegal activity, or post or submit any content defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person.
Site Accounts: If you register with the Site, You will be asked to create an account and provide CPS with certain personal information. Any Profile You submit must be accurate and describe You, a natural person. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any application, resume, or information You provide to CPS and the Site. You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information, including resumes, Profiles, posts may be deleted from CPS’s Site and databases and will be removed from any public area of the Site.
You agree not to provide any information, date, documents, files, images or material that:
- Violates any law or regulation;
- Infringes the intellectual property or proprietary rights of any third party;
- Violates a contract or duty of confidentiality or loyalty; or
- Is defamatory, harassing, threatening, or invades privacy.
7. Links to Other Sites: The Site provides links to other sites. These links may include links to websites operated for example, by individuals, government agencies, nonprofit organizations, or for-profit businesses. When You follow a link to any other website, You are subject to the website usage policy of that website and we encourage You to examine that policy. These links are provided solely as a convenience and not as an endorsement by CPS of the contents on the linked web sites. CPS is not responsible for the content of the linked web sites and does not make any representations regarding the content or accuracy of materials on those sites. If You decide to access linked web sites, You do so at Your own risk.
8. User Content: The Site may contain certain features and interactive functionality (each, a “User Content Area”) that allow You to post or upload to the Site comments or other user generated content (collectively, “User Content”). To the extent the Site contains any such User Content Area, You hereby agree that You will not upload, post, display, or transmit in a User Content Area any User Content that:
- violates or infringes in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others;
- is offensive to the online community, including, without limitation, expressions of obscenity, bigotry, racism, abusiveness, vulgarity or profanity.
- violates any law or engages in any activity that would constitute any criminal offense or give rise to any civil liability;
- contains advertising or any solicitation with respect to products and/or services;
- is used by You to impersonate any person or entity, including, but not limited to, any CPS representative or falsely state or otherwise misrepresent Your affiliation with any person or entity;
- interferes with any other user’s right to privacy;
- contains software or other materials which contain a virus or other harmful or disruptive component;
- contains advertising, promotional materials, “junk mail,” “spam” or any other form of solicitation;
- violates Your contractual or fiduciary duties; or
- is a third party’s property protected by copyright, trademark, trade secret, rights of publicity or other proprietary right (collectively, “Third Party Rights”) without the prior express written permission of the third party. It is solely Your responsible to determining whether any User Content posted by You is subject to any Third Party Rights. You are solely liable for any damage or costs resulting from any User Content that actually or alleged infringes any Third Party Rights. Any person determined by CPS, in its sole discretion, to have violated any Third Party Rights may be barred from submitting or posting any further User Content.
You agree that the foregoing restrictions set forth in this section apply to any User Content that you post, submit, or upload to any social media or other webpage directly accessible through the Site. Moreover, you hereby understand and agree that you are solely responsible for any liability arising from or related to Your use of any User Content Area and any of Your User Content.
9. Rights in User Content: CPS claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content You submit, post or display on or through the Site and You are responsible for protecting those rights, as appropriate. You grant CPS a worldwide, non-exclusive, irrevocable, royalty-free license (with rights of sublicense and assignment) to use, reproduce, modify, publish, translate, create derivative works from, distribute, transmit, perform, and display Your User Content. You also permit any user to access, display, view, store, and reproduce such User Content for personal use. CPS reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
10. Copyright Complaints: CPS will respond to claims of copyright and intellectual property infringement by taking action under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. CPS may immediately remove any material or any reference or link to such material or activity claimed to be infringing. CPS has designated the following agent under the DMCA:
Center for Positive Sexuality Attention: CPS Webmaster P.O. Box 1190 Burbank, CA 91507
11. Indemnity: To the fullest extent permitted by law, You agree to defend, indemnify and hold harmless CPS and its current and former directors, officers, employees, attorneys, representatives, and agents (collectively “CPS Indemnities”) from and against any claims, actions, lawsuits, damages, judgments, liabilities, causes of action, settlements, demands, or expenses (including reasonable attorney’s fees and costs) (collectively “Claims”), arising out of or related to this Agreement or Your use of the Site, including Claims for injury to property, injury or death to persons, and claims for infringement of intellectual property, that result from or arise out of Your or Your agent’s intentional or negligent conduct. You shall not be obligated to indemnify, defend, or hold harmless CPS Indemnities from any third party Claims arising out of or related to a CPS Indemnitee’s gross negligence or willful misconduct. This provision shall survive the termination or expiration of the Terms.
12. CPS’s Reservation of Rights: You agree that CPS reserves the right to terminate access by You and other users to the Site without prior notice, without cause, and without explanation. CPS shall not be liable to You or any third party for any termination of Your access to the Site. CPS reserves the right to delete Your account and all of Your Information after a significant duration of inactivity. CPS may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of users of the Site. CPS shall be under no obligation to investigate potential violations and may terminate use without cause. CPS reserves the right to expel users, prevent further Site access, or take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for CPS, damage CPS’s brand or public image, or for any other reason.
13. DISCLAIMER. THE SITE IS PROVIDED ON AN “AS-IS” BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. CPS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SITE FOR ANY PURPOSE, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY. CPS ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE WILL OPERATE ERROR-FREE, UNINTERRUPTED, OR IN A MANNER THAT WILL MEET YOUR REQUIREMENTS OR NEEDS. THEREFORE, YOU ASSUME THE ENTIRE RISK REGARDING THE QUALITY AND PERFORMANCE OF THE SITE.
14. LIMITATION OF LIABILITY. IN NO EVENT SHALL CPS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE AND/OR THIS AGREEMENT WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE.
15. Law and Jurisdiction: Any claims or disputes arising from the Site shall be brought and governed by the laws of the State of California. You expressly and irrevocably consent to the sole and exclusive jurisdiction and venue of the state and federal courts situated in the State of California to resolve any dispute between You and CPS. Those who choose to access the Site from locations outside of the United States do so at their own risk and are responsible for compliance with the law of their jurisdiction.
16. Severability; No Waiver: If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.
17. Miscellaneous: You may not assign or transfer any rights under these Terms without the prior express written consent of CPS, which may be withheld in CPS’s sole discretion. Please note that CPS reserves in its sole discretion the right to change the Terms by posting a revised Terms or mailing (including via email) notice of such changes to You. CPS may in its sole discretion, add, modify, and delete any aspect, functionality, service, program or other feature of the Site. You hereby agree that CPS is under no obligation to upgrade, enhance, or modify the Site under any circumstances. Your continued use of the Site following any announced change will conclusively signal your acceptance of any change. Therefore, you should immediately stop any and all use of the Site if you do not agree any with any changes