- Welcome and Introduction to this Agreement.
- AnonyMouse, Inc. (referred to as “AnonyMouse,” “we,” “us,”
or “Company”) welcome you to this Website (the “Site”). By using
the Site, you agree to the following terms and conditions (hereinafter
“T&Cs”, “Terms & Conditions”, or the “Agreement”),
YOU SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS BEFORE
CLICKING THE “I AGREE”
BUTTON IN THE REGISTRATION SECTION OF THE USER PORTAL
AND BEFORE PROCEEDING TO USE THE FEATURES AND FUNCTIONALITY OF THE SERVICES
MADE AVAILABLE VIA THE SITE. IF YOU DO NOT AGREE TO THESE TERMS AND
CONDITIONS, THEN DO NOT ACCESS OR USE THE SERVICES MADE AVAILABLE VIA
Registration by contacting the Company at email@example.com, provided you pay for the costs of copying and delivering
the documents to you.
are subject to change as necessary at the discretion of the Company
without notice to you. The changes also will appear in this document,
link on the login page. If you do not agree to be bound by the changes,
you should not enter or use the Site again. Every time you use the Site,
you are agreeing now to be bound by all of the changes. We encourage
- Your Responsibilities
- You understand and accept that AnonyMouse provides an anonymous network
utilizing both SMS messaging and web chat tools. We will make available
volunteer mentors (“Mentors”) to provide advice, encouragement,
support, and resources to be an outlet for the concerns and worries
shared by users of the AnonyMouse mentoring service.
- You understand and accept that AnonyMouse is NOT an online dating
service, but a legitimate and anonymous online mentoring and support
network for Lesbian, Gay, Bisexual, Transgender, Queer, Questioning,
and Intersex people in need of guidance or encouragement. You will
not regard your association with AnonyMouse or your Mentor as an opportunity
for personal, romantic, or sexual activity.
- You understand and accept that Mentors are prohibited from providing
you with any personal identifying information, including, without limitation,
name, phone number, email address, address, Facebook username or other
social media profile, phone number, photograph (other than pictures
publically available on the Company’s website), or any other personally
identifying information associated with him or her (“Personal Information”).
- You agree not to initiate or attempt to initiate any face-to-face
interactions with any Mentor. You agree that you will not give any Mentor
any Personal Information. You further agree that you will not contact
or attempt to contact your Mentor using any method other than the AnonyMouse
web messaging interface and SMS texting interface. If your Mentor attempts
to initiate contact with through means other than the AnonyMouse messaging
interface and SMS texting interface, you agree to decline such contact
and promptly alert AnonyMouse staff.
- You understand that for the purposes of keeping the Site safe for
mentees to anonymously and candidly share their thoughts and concerns,
AnonyMouse reserves the right to view, monitor and record activity on
this Site without notice to or permission from you, including any and
all communications that you have with Mentors, and that Anonymouse may
disclose such communications (i) if AnonyMouse believes in good faith
that the law or legal process requires it; (ii) if such disclosure is
necessary or appropriate to protect our rights or property or the rights,
property or well-being of our mentees. However, we are not responsible
for screening, policing, or monitoring this Site.
- YOU UNDERSTAND THAT ANONYMOUSE PROVIDES THE SERVICES, INCLUDING MENTORS
“AS IS” AND AT YOUR OWN RISK, WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESS OR IMPLIED. ANONYMOUSE EXPRESSLY DISCLAIMS WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE
FOR PROFESSIONAL COUNSELING SERVICES, NOR RELIED UPON FOR PROFESSIONAL
DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL
THERAPIST, COUNSELOR, DOCTOR OR OTHER QUALIFIED HEALTH PROVIDER WITH
ANY QUESTIONS YOU MAY HAVE REGARDING FEELINGS THAT YOU MIGHT HAVE OR
EXPERIENCES THAT YOU ARE UNDERGOING WHICH COULD RESULT IN HARM TO YOURSELF
TO THE MAXIMUM EXTENT UNDER THE LAW: ANONYMOUS SHALL NOT BE LIABLE FOR
ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL,
SPECIAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR LOST PROFITS ARISING OUT
OF ANY BREACH OF OBLIGATIONS OR ANY OTHER CLAIM, INCLUDING, BUT NOT
LIMITED TO, NEGLIGENCE OR CONTRACT, OR INACCURACIES, INCOMPLETENESS,
EVEN IF ANONYMOUSE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
represent that you are at least thirteen (13) years old.
- As consideration for being permitted by AnonyMouse to receive the
mentoring services, you agree that neither you nor your assignees, heirs,
guardians, distributees or legal representatives will make a claim against,
sue, or attach the property of AnonyMouse, its owners, officers, employees
or representatives on account of injury or damage resulting from negligence
or other acts, howsoever caused, by any employee, agent, or contractor
of AnonyMouse. You hereby release AnonyMouse from all actions,
claims, or demands that you or your assignees, heirs, distributees,
guardians, or legal representatives now have or may have in the future
for injury or damage resulting from your receipt of services provided
- You agree that all rights under section 1542 of the Civil Code of the State of California are hereby waived.
Section 1542 provides as follows:
“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.”
- “AS-IS” Website and Service.
- The information and features included in this Website (the “Service”)
is for informational purposes only and is subject to change at any time
without notice. By accessing or linking to this Website, you assume
the risk that the information on this Website may be incomplete, inaccurate,
out of date, or may not meet your needs and requirements. Company undertakes
to provide accurate and up-to-date information on the Site for the portions
of the content provided by the Company. However, you understand and
agree that information contained on this Site is subject to change and
the Site is provided “AS IS.” Accordingly, you agree:
- YOUR USE OF THE SERVICE IS
AT YOUR OWN RISK.
- The information on this Site
may not be relied upon as financial or professional advice. Company
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Site, and you
are solely responsible for any decisions made based on such information.
- The passage of time can render
information contained in, or linked to, this Site stale. Company is
not responsible for any misimpressions which may result from the use
of dated material. You should consider the dates of issuance of all
items and information contained in, or linked to, this Site. Company
does not undertake any duty to update, supplement, correct, comment
upon or modify any information contained in the Site or any Web site
to which it is linked.
- Registration Data; Login and Passwords;
- In order to view and submit content to the Site you will be required
to register as a user of the Site by completing the online registration
application. In consideration of your use of the Site, you agree to:
(a) provide a true and current email address and such other information
as is prompted by the Site's registration form (such information being
the “Registration Data”) and (b) maintain and promptly update the
Registration Data to keep it accurate, current and complete by contacting
us at firstname.lastname@example.org. If you provide any information that is untrue, inaccurate,
not current or incomplete, or if Company has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Company has the right to suspend or terminate your account and refuse
any and all current or future use of the Site (or any portion thereof).
Each individual may maintain only one registered user account. Company
reserves the right to verify any information you submit as Registration
- As a registered user, you will have login information, including user
names and passwords to access certain functionality of the Site. You
are responsible for maintaining the confidentiality of the password
and account, and are fully responsible for all activities that occur
under your password or account. You will not allow others to use the
login information. You will notify us of any breach in secrecy of your
login information and ensure that you logout of your account at the
end of each session. You agree to immediately notify Company by e-mail
of any potential breaches of secrecy of the login information or of
the discovery of any fraudulent use of your login information. Company
reserves the right to suspend, deactivate, or replace user names and
passwords at any time for any reason.
- You acknowledge and agree that Company may access, preserve and disclose
your account information and User Content if required to do so by law
or in a good faith belief that such access, preservation or disclosure
is reasonably necessary to: (i) comply with legal process; (ii) enforce
the rights of third parties; (iv) respond to your requests for customer
service; or (v) protect the rights, property or personal safety of our
staff, our users, you, and the public.
- By clicking the “I Agree” box below, you agree to transact business
with the Company electronically. Your agreement to transact business
with the Company electronically applies to all transactions conducted
through the Site. You may refuse to transact business with us at any
time in the future by notifying us in writing and sending such notice
to email@example.com . You will need to maintain equipment, software and
Internet access necessary to access and use the features made available
via the Site, as well as to request and access any copies of these Terms
- User Provided Content.
- Subject to Section 2 above and the other restrictions stated in these
including text and other content that may be enabled by the Site from
time to time (“User Content”), and you may access and use your User
- We reserve the right to refuse or delete any User Content in our sole
- Your Obligations.
- You agree not to use the Site for any unlawful purpose or in anyway
that might harm, damage, or disparage any other party. Without limiting
the proceeding sentence and by way of example, you agree that you will
- Post personally identifiable
information (as images or text) to publicly viewable areas or otherwise
violate local and federal privacy protection regulations;
- Collect or store personal
data about other users, including e-mail addresses;
- Threaten, harass, “stalk,”
abuse, slander, defame, or otherwise violate the legal rights (such
as rights of privacy and publicity) of others;
- Publish, distribute or disseminate
any inappropriate, profane, vulgar, defamatory, infringing, obscene,
tortious, indecent, unlawful, immoral, or otherwise objectionable material
- Transmit or upload any material
that contains viruses, Trojan horses, worms, time bombs, cancelbots,
or any other harmful or deleterious software programs;
- Interfere with or disrupt
the Site, networks or servers connected to the Site, such as by attempting
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures, attempting to interfere
with service to any user, host or network, such as by overloading, “flooding,”
“spamming,” “mailbombing,” or “crashing, sending unsolicited
e-mail, including promotions and/or advertising of products or services,
or forging any TCP/IP packet header or any part of the header information
in any e-mail or newsgroup posting, or otherwise violating the regulations,
policies or procedures of such networks or servers;
- Attempt to gain unauthorized
access to the Site, logins, and passwords of others, or computer systems
and networks connected to the Site;
- Upload or otherwise transmit
any information or content that infringes any patent, trademark, trade
secret, copyright, or other proprietary rights of any party;
- Upload, post or otherwise
transmit any unsolicited or unauthorized advertising, promotional materials,
“junk mail,” “spam,” “chain letters,” “pyramid schemes,”
or any other form of solicitation (commercial or otherwise);
- Employ any type of bots that
can disrupt the normal flow of dialogue, cause a screen to “scroll”
faster than other users of the Site are able to type, show multiple
screens, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
- Use or attempt to use any
engine, software, tool, agent or other device or mechanism (including
browsers, spiders, robots, avatars, or intelligent agents) to navigate
or search the Site other than the search engine and search agents which
Company makes available on the Site and generally available third-party
- Intentionally or unintentionally
violate any applicable local, state, national, or international law,
including, but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law.
- Link, “frame” or “mirror”
any content or information contained on or accessible from the Site
through use of your login information without the prior written approval
of the Company or its licensors, as may be appropriate.
- You agree to:
- Comply with all notices, instructions
and rules posted on the Site;
- Implement all Internet access
and all security procedures required to use the Site your sole expense;
- Violations of system or network security may result in civil or criminal
liability. Company will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement authorities
in prosecuting users who are involved in such violations.
- From time to time, Company may establish general practices and limits
concerning use of the Site without notice to you. These general practices
and limits may include, without limitation, the maximum number of days
that User Content will be retained by the Site, and the maximum number
of times (and the maximum duration for which) you may access the Service
in a given period of time. Company has no responsibility or liability
for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Site or any change
in these policies.
- Software Downloads.
- Any software that is made available (whether as User Content or otherwise)
to download from this Site may be protected by copyright of the owner
or licensor. Your use of the software shall be subject to the terms
of the end user license agreement, if any, which accompanies, or is
included with, the software. You may not install or use any software
that is accompanied by or includes a license agreement unless you first
agree to the terms of the license agreement terms. Any reproduction
or redistribution of the software not permitted by the terms of the
license agreement is prohibited by law, and may result in severe civil
and criminal penalties.
- For any software not accompanied by a license agreement, Company,
to the extent it can do so based on the license granted by other users,
acknowledges you have permission to display, copy, download and use
the software, on the conditions that:
- Both the copyright notice
identified below and this permission notice appear in the software;
- The use of such software is
solely for your personal or internal business purposes and will not
be copied or posted on any networked computer, broadcast in any media,
or used for commercial gain; and
- The software is not modified
in any way.
- Third-Party Links.
From time to time, the
Site may contain links or other references to third-party materials
(including without limitation other Web sites) not controlled by the
Company or its licensors. The Company provides such information and
links as a convenience to you and should not be considered endorsements
of such sites or any content, products or information offered on such
sites. You acknowledge and agree that the Company is not responsible
for any aspect of the information or content contained in any third
party materials or on any third-party sites accessible or linked to
- Intellectual Property Rights Notice.
- Except for the User Content you submit, all of the content you see
and hear on the Site, including all data, images, logos, illustrations,
graphics, sound, audio clips, software, and text, represents valuable
proprietary and intellectual property of other users, the Company or
its licensors. Such content and information are protected by international,
federal, and state laws, rules, orders and regulations relating to intellectual
- Except for the permission you have to display, copy, distribute, and
download the User Content from this Site, as described in the
section entitled “User Provided Content,” you agree not to reproduce,
distribute, display, revise, create derivative works of, copy, publish,
sell, license, or edit any such content and information. You may not
“mirror” any content or information contained on this Site without
Company's advance written consent. You may not create links to this
Site from other sites without Company's advance written consent and
compliance with all applicable laws.
- Company logos and service marks and product and service names are
Company trademarks or registered trademarks in the United States and
- 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 fees, will still apply.
- In the event you change or deactivate your mobile
telephone number, you will update your account information on the Site
within 24 hours to ensure that your messages are not sent to the person
who acquires your old number.
- Use of the Internet.
software or electronic transmissions may produce inaccurate or incomplete
copies of the Site's content when downloaded and displayed on any computer
or mobile device. Company does not assume any liability or responsibility
whatsoever for such matters or the inaccurate or incomplete information
or data arising from software problems, transmissions errors, the display
of content in browser frames displaying information from other Web sites,
or any misinterpretation of the content for such reasons. Company is
not responsible for computer viruses or other destructive programs which
are introduced by visitors or other providers or software or content.
You are advised to employ security and virus protection software on
all computer systems used to access the Internet or to share files with
other computer systems. Any unprotected e-mail communication over the
Internet is, as with communication via any other medium, subject to
possible interception or loss.
agree to indemnify and hold harmless the Company and its licensors,
and their respective directors, officers, employees, agents, and contractors,
from all damages, injuries, liabilities, costs, fees, fines, penalties,
and expenses (including, but not limited to, legal and accounting fees)
arising from or in any way related to your violation of these Terms
of Use or misuse of the Site by you or any of your employees, contractors
- The information provided by Company is provided for informational
purposes only and does not act as a warranty or guaranty. THIS SITE
IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT
REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE EXTENT PERMITTED BY
LAW, THE COMPANY AND ITS LICENSORS HEREBY DISCLAIM ALL EXPRESS, IMPLIED
AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT.
- The Site is comprised of information and materials submitted by various
individuals who use the Site. Company does not endorse, recommend or
guaranty any User Content or any opinion, recommendation or advice expressed
therein and Company expressly disclaims any and all liability in connection
with any content made available via the Site, including without limitation
User Content. The Company assumes no responsibility for the accuracy,
timeliness, deletion, misdelivery of information or failure to store
any user communications or personalization settings.
IN NO EVENT WILL THE COMPANY
OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR
ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING
OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS SITE
OR ANY CONTENT OR INFORMATION ASSOCIATED THEREWITH, OR ANY OTHER LINKED
WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION,
OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY,
EVEN IF THE COMPANY OR ITS LICENSORS IS EXPRESSLY ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES.
- Special Admonitions for International
the global nature of the Internet, you agree to comply with all local
rules regarding online conduct, personal health information and the
content made available via the Site or the Services. You agree to comply
with all applicable laws regarding the transmission of technical data
exported from the United States or the country in which you reside.
You consent to having your personal data transferred to and processed
in the United States.
- Additional Features.
terms and conditions may apply for your use of certain features of the
Site, such as through the use of cellular text message or SMS communication.
Some of the features or functionality of the Site may require you to
have third party software installed on the equipment you use to access
the Site. You are solely responsible to obtain and maintain all rights
and licenses to third party software and equipment necessary to utilize
such features and functionality.
- Suspension and Termination of a Registered
- Company spends valuable resources to provide the Site, and your access
and use of the Site is a privilege and not a right. Company, in its
sole discretion, may suspend or terminate access of any registered user,
for any reason, including, without limitation, for lack of use, termination
of your customer relationship with Company or if Company believes that
you have violated or acted inconsistently with the letter or spirit
of the Terms of Service, including without limitation allowing third
parties to use or access the Site using your login information. Although
Company has no obligation to monitor the User Content, Company reserves
the right to log off accounts that are inactive for an extended period
of time. Company reserves the right to determine whether User Content
- In its sole discretion, Company may remove and discard any User Content
or other content, in whole or in part, within the Site for violation
of these Terms of Service, including removal of any information that
Company finds to be personally identifiable information, with or without
notice. Company reserves the right to discontinue providing the Site
with or without notice.
- Company may immediately deactivate or delete your account and all
related information and files related to any registered user account
and/or bar any further access to such files or the Site. You agree that
Company shall not be liable to you or any third party for any termination
of your access to the Site.
or invalid by a court of competent jurisdiction, such provisions shall
be deemed severed from the applicable agreement, and the remaining provisions
thereof shall remain in full force and effect.
- Failure of any party to enforce, in any one or more instances, any
of the provisions herein shall not be construed as a waiver of the future
performance of any such terms or conditions. No consent to a breach
directive, or rule otherwise posted on the Site shall constitute a consent
to any prior or subsequent breach.
United States of America. All disputed arising under, out of or in any
the state or federal courts in California. In such an action,
you agree to submit to the subject matter jurisdiction of such courts
and waive any objections to venue for such courts.
- The Company
shall not be liable by reason of any failure or delay in the performance
of its obligations on account of strikes, shortages, failure of suppliers,
riots, insurrection, fires, floods, storms, earthquakes, acts of God,
war, governmental action, labor conditions or any other cause which
is beyond the reasonable control of the Company.
- You agree that
regardless of any statute or law to the contrary, any claim or cause
Inc. must be filed within one (1) year after such cause of action arose
or you will be forever barred from filing such claim or cause of action.
- Procedure for Making Copyright Infringement
- Company 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 provide us the written information specified
below. Please note that this procedure is exclusively for notifying
us and our affiliates that your copyrighted material has been infringed.
If you believe that your copyrighted work has been copied in a way that
constitutes copyright infringement and is accessible via the Site, you
may notify our copyright agent, as set forth in the Digital Millennium
Copyright Act of 1998 (DMCA).
- For your complaint to be valid under the DCMA, you must provide the
following information when providing notice of the claimed copyright
- a physical or electronic signature of a person authorized to act on
behalf of the copyright owner;
- identification of the copyrighted work or other intellectual property
that you claim to have been infringed;
- identification of the material that you claim is infringing as well
as information reasonably sufficient to permit us to locate the material
on the Web site;
- your address, telephone number, and e-mail address;
- a statement by you that you as the complaining party have 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;
and (6) a statement, made under penalty of perjury, that the information
in the notification is accurate, and that the complaining party is authorized
to act on behalf of the owner of an exclusive right that is allegedly
infringed. The foregoing information must be submitted as a written
notification to the following Designated Agent:
CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT
ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CIVIL PENALTIES.
THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES INCURRED
BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER'S LICENSEE
THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION.
YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
- This information should not be construed as legal advice. For further
details on the information required for valid DMCA notifications, see
17 U.S.C.A. 512(c)(3).
- NOTE: This information is provided exclusively for notifying the service
providers referenced above that your copyrighted material(s) might have been infringed. All
other inquiries, including technical requests, reports of e-mail abuse,
and third party reports of piracy, will not receive a response through
- Authority to Accept Terms of Service.
clicking “I Agree,” you represent and warrant that you have the
authority to agree to and accept these Terms of Service on behalf of
yourself and any organization or institution you represent, that you
are more than 13 years of age, and will abide by and comply with these
Terms of Service. If you do not agree with these Terms of Service, do
not click “I Agree” and do not access the Site.
Step: By providing your identification and clicking the box to say “I
AGREE,” you agree this constitutes your electronic signature
and a binding acceptance of this Registration and the referenced Terms
of Use. If you do not agree with the statements, click CANCEL and
exit the registration.