Experience Project : Statement of Rights and Responsibilities
This agreement was written in English (US). To the extent any translated version of this agreement conflicts with the English version, the English version controls.
Date of Last Revision: October 27th, 2014.
Statement of Rights and Responsibilities
Welcome to Experience Project. This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") is our terms of service that governs our relationship with users and others who interact with (“Experience Project”) including experienceproject.com and its associated applications, including our iOS and Android apps. By using or accessing Experience Project, you agree to this Statement, as updated from time to time as the need arises.
By using this site, you signify your assent to these Terms and Conditions, and our
If you do not agree to all of these Terms and Conditions of use,
please do not use this site or Experience Project’s associated applications.
Experience Project may revise and update these Terms and Conditions at any time. Your continued usage of Experience Project website and mobile applications will mean you accept those changes. This policy was last updated October 27th, 2014.
Sharing Your Content and Information
You own all of the content and information you post on Experience Project, and you can control how it is shared through your privacy settings. In addition:
- For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with Experience Project (IP License). This IP License ends when you delete your IP content or your account.
- When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others unless required by law).
- When you use an application to login to Experience Project, the application may ask for your permission to access your content and information as well as content and information that others have shared with you. We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information. If you opt in to importing your phone address book for the purpose of inviting friends (which will be explicitly specified), we hold the right to invite those people to Experience Project. We will NOT do this merely if you login/register through Facebook/Twitter.
- When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of Experience Project, to access and use that information, and to associate it with you (i.e., your username and profile picture). We may use your publicly available information for specific marketing purposes, but we will not ever include your true name or email address.
- We always appreciate your feedback or other suggestions about Experience Project, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
- The contents of the Experience Project Site, such as text, graphics, images, information obtained from Experience Project's licensors, and other material contained on the Experience Project Site are for entertainment purposes only. The Content is not intended to be a substitute for professional advice, diagnosis and treatment or disposition, including but not limited to medical, legal, and psychological. Always seek the advice of a qualified provider with any questions you may have regarding a serious life condition. Never disregard professional advice or delay in seeking it because of something you have read on the Experience Project Site.
- Experience Project does not recommend or endorse any specific tests, professionals, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Experience Project, Experience Project employees, others appearing on the Site at the invitation of Experience Project, or other visitors to the Site is solely at your own risk.
- The Site may contain health- or medical-related materials that are medically graphic and/or sexually explicit. If you find these materials offensive, you should not use our Site.
We do our best to keep Experience Project safe, but we cannot guarantee it. We need your help to keep Experience Project safe, which includes the following commitments by you:
- You will not post unauthorized commercial communications (such as spam) on Experience Project.
- You will not collect users' content or information, or otherwise access Experience Project, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.
- You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on Experience Project.
- You will not upload viruses or other malicious code.
- You will not solicit login information or access an account belonging to someone else.
- You will not bully, intimidate, manipulate, or harass any user.
- You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
- You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
- You will not use Experience Project to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working or appearance of Experience Project, such as a denial of service attack or interference with page rendering or other Experience Project functionality.
- You will not facilitate or encourage any violations of this Statement or our policies.
Registration and Account Security
Here are some commitments you make to us relating to registering and maintaining the security of your account:
- You will not create more than one personal account.
- If we disable your account, you will not create another one without our permission.
- You will not use your personal homepage, nor any Experience Project page primarily for your own commercial gain.
- You will not use Experience Project if you are under 13, nor will you attempt to fabricate your age to gain access to any portion of the site.
- You will not use Experience Project without the permission and supervision of an adult if you are under the age of 18.
- You will keep your contact information accurate and up-to-date.
- You will not share your password (or in the case of developers, your secret key), let anyone else access your account, or do anything else that might jeopardize the security of your account.
- You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.
- If you select a username or similar identifier for your account or Page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
If you wish to post any materials or access certain functions of the Experience Project Site or service, you will be asked to register with the Experience Project and set up a username and password. We strongly suggest choosing a username without any personally identifiable information.
You may register directly via the Experience Project Site or by logging into your account with certain third party social media or social networking sites (including but not limited to Facebook). If you log-in via a social networking site, we will extract personal information that you have provided to the social networking site, such as your real name and location. You hereby consent to our access and collection of such personal information about you. In addition, if you post while logged in via a social networking site, you hereby consent to have your identifying information posted along with your submission.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
If you are under the age of 13, you may not use Experience Project or provide any information to Experience Project. If you are between the ages of 13 and 18 years old, you may use Experience Project only with involvement of a parent or guardian. Experience Project and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Protecting Other People's Rights
We respect other people's rights, and expect you to do the same.
- You will not post content or take any action on Experience Project that infringes or violates someone else's rights or otherwise violates the law.
- We can remove any content or information you post on Experience Project if we believe that it violates this Statement or our policies.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.
- If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.
- You will not use our copyrights or trademarks (including Experience Project, the Experience Project and EP Logos, and Me Too), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.
- You will not post anyone's identification documents, personally identifiable information, or sensitive financial information on Experience Project.
- All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Experience Project or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Experience Project and protected by U.S. and international copyright laws. All software used on this site is the property of Experience Project or its software suppliers and protected by United States and international copyright laws.
- Experience Project and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please immediately follow our reporting procedures and alert us.
COPYRIGHT INFRINGEMENT NOTIFICATION
Experience Project is committed to protecting the intellectual property of third parties. To file a copyright infringement notification with us, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Digital Millennium Copyright Act to confirm these requirements):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages. PLEASE do not make false claims! Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.
Finally, be aware that claimant information may be published on the Experience Project site in place of disabled content.
Experience Project's Copyright Agent for notice of claims of copyright infringement on its site can be reached at: email@example.com or by postal mail at:
Copyright Agent, Experience Project Inc, PO BOX 26685, San Francisco CA 94126
Please note: If you do not receive a response within 72 hours, please contact us again, as your mail may have been inadvertently filtered.
To file a counter-notification with us, you must provide a written communication that sets forth the items specified below.
Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of members who are repeat infringers. So, if you are not sure whether certain material infringes the copyrights of others, we suggest that you first contact a lawyer.
A counter-notification must include the following specific elements:
- Identification of the specific URLs of material that Experience Project has removed or to which Experience Project has disabled access.
- Your full name, address, telephone number, and email address, and the username of your Experience Project account.
- The statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Experience Project is located, and will accept service of process from the claimant."
- The statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Signature. A scanned physical signature or a valid electronic signature will be accepted.
We can only accept a counter-notification directly from the user from whose account a video has been disabled. For verification, we require that counter-notifications be submitted from the email address associated with the account.
Our preferred method of counter-notification submission is via email to firstname.lastname@example.org. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on Experience Project. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
Mobile and Other Devices
- We currently provide our mobile services for free, but please be aware that your carrier's normal rates and fees, such as text messaging and data charges, will still apply.
- You provide consent and all rights necessary to enable users to sync (including through an application) their devices with any information that is visible to them on Experience Project.
- Please be aware that changes to the Statement of Rights and Responsibilities of the Experience Project site also apply to the use of its associated applications.
About Advertisements and Other Commercial Content Served or Enhanced by Experience Project
Our goal is to deliver advertising and other commercial or sponsored content that is valuable to our users and advertisers. In order to help us do that, you agree to the following:
- We do not give your content or information to advertisers without your consent.
- You understand that we may not always identify paid services and communications as such.
If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of Experience Project to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time.
- You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or Experience Project exclusively in the U.S. District Court for the Northern District of California or a state court located in San Francisco County, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of California will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
- If anyone brings a claim against us related to your actions, content or information on Experience Project, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on Experience Project and are not responsible for the content or information users transmit or share on Experience Project. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on Experience Project. We are not responsible for the conduct, whether online or offline, or any user of Experience Project.
- WE TRY TO KEEP EXPERIENCE PROJECT UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING EXPERIENCE PROJECT AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT EXPERIENCE PROJECT WILL ALWAYS BE SAFE, SECURE OR ERROR- FREE OR THAT EXPERIENCE PROJECT WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. EXPERIENCE PROJECT IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR EXPERIENCE PROJECT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR EXPERIENCE PROJECT WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, EXPERIENCE PROJECT'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Experience Project outside the United States:
- You consent to having your personal data transferred to and processed in the United States.
- If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Experience Project (such as advertising or payments) or operate a Platform application or website. You will not use Experience Project if you are prohibited from receiving products, services, or software originating from the United States.
- By "Experience Project" we mean the features and services we make available, including through (a) our website at www.experienceproject.com and any other Experience Project branded or co-branded websites (including sub-domains, international versions, widgets, mobile versions, and applications); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.
- By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from Experience Project or provide data to us.
- By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with Experience Project.
- By "content" we mean anything you or other users post on Experience Project that would not be included in the definition of information.
- By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from Experience Project or provide to Experience Project through Platform.
- By "post" we mean post on Experience Project or otherwise make available by using Experience Project.
- By "use" we mean use, run, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into Experience Project at least once in the previous 30 days.
- By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us. If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.
- If you are a resident of or have your principal place of business in the US or Canada, this Statement is an agreement between you and Experience Project, Inc. References to "us," "we," and "our" mean either Kanjoya, Inc., Me Too, or Experience Project, as appropriate.
- This Statement makes up the entire agreement between the parties regarding Experience Project, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- If we fail to enforce any of this Statement, it will not be considered a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- Nothing in this Statement shall prevent us from complying with the law.
- This Statement does not confer any third party beneficiary rights.
- We reserve all rights not expressly granted to you.
- You will comply with all applicable laws when using or accessing Experience Project.