ANONYMOUSE

TERMS OF USE

1. Welcome and Introduction to this Agreement.

1. 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”), including the Privacy Policy. 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 THE SITE. You may print and keep a copy of these Terms of Use and your Registration. You may request a copy of these Terms of Use and your Registration by contacting the Company at anonymouseapp@gmail.com, provided you pay for the costs of copying and delivering the documents to you.

2. The Agreement and/or Privacy Policy are subject to change as necessary at the discretion of the Company without notice to you. The changes also will appear in this document, which you can access at any time by selecting the “Terms of Use” 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 you to review these Terms of Use periodically prior to your use of the Site.

2. Your Responsibilities

1. 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.

2. 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.

3. 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”).

4. 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.

5. 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.

6. 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 OR OTHERS.
   
   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.

7. You represent that you are at least thirteen (13) years old.

8. 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 by Anonymouse.

9. 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.”

3. “AS-IS” Website and Service.

1. 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:

1. YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
2. 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.
3. 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.

4. Registration Data; Login and Passwords; Electronic Passwords.

1. 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 anonymouseapp@gmail.com. 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 Data.

2. 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 to anonymouseapp@gmail.com 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.

3. 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 these terms of use; (iii) respond to claims that any Content violates 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.

4. 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 anonymouseapp@gmail.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 of Use or Privacy Policy.

5. User Provided Content.

1. Subject to Section 2 above and the other restrictions stated in these Terms of Use, as a registered user of the Site, you may submit content, 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 Content.

2. We reserve the right to refuse or delete any User Content in our sole discretion.

6. Your Obligations.

1. 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 not:

1. Post personally identifiable information (as images or text) to publicly viewable areas or otherwise violate local and federal privacy protection regulations;
2. Collect or store personal data about other users, including e-mail addresses;
3. Threaten, harass, “stalk,” abuse, slander, defame, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
4. Publish, distribute or disseminate any inappropriate, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, immoral, or otherwise objectionable material or information;
5. Transmit or upload any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious software programs;
6. 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;
7. Attempt to gain unauthorized access to the Site, logins, and passwords of others, or computer systems and networks connected to the Site;
8. Upload or otherwise transmit any information or content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
9. 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);
10. 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;
11. 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 Web browsers;
12. 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.
13. 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.

2. You agree to:

1. Comply with all notices, instructions and rules posted on the Site;
2. Implement all Internet access and all security procedures required to use the Site your sole expense; and

3. 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.

4. 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.

7. Software Downloads.

1. 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.

2. 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:

1. Both the copyright notice identified below and this permission notice appear in the software;
2. 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
3. The software is not modified in any way.

8. 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 the Site.

9. Intellectual Property Rights Notice.

1. 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 property.

2. 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.

3. Company logos and service marks and product and service names are Company trademarks or registered trademarks in the United States and other countries. These Terms of Use do not grant you any license in Company trademarks.

10. Mobile and Other Devices.
1. 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.
   
2. 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.
   
11. Use of the Internet.

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.

12. Indemnity.

You 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 or agents.

13. Disclaimers.

1. 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.

2. 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.

14. Limitations.

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.

15. Special Admonitions for International Use.

Recognizing 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.

16. Additional Features.

Additional 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.

17. Suspension and Termination of a Registered User Account.

1. 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 is appropriate.

2. 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.

3. 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.

18. Miscellaneous.

1. In the event any of the provisions of the Terms of Use are held unenforceable 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.

2. 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 of any express or implied term of the Terms of Use or any other notice, directive, or rule otherwise posted on the Site shall constitute a consent to any prior or subsequent breach.

3. These Terms of Use will be governed by the laws of the State of California, United States of America. All disputed arising under, out of or in any way connection to the Terms of Use shall be litigated exclusively in 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.

4. 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.
5. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms of Use or to AnonyMouse, 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.

19. Procedure for Making Copyright Infringement Claims.

1. 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).

2. For your complaint to be valid under the DCMA, you must provide the following information when providing notice of the claimed copyright infringement:

1. a physical or electronic signature of a person authorized to act on behalf of the copyright owner;

2. identification of the copyrighted work or other intellectual property that you claim to have been infringed;

3. 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;

4. your address, telephone number, and e-mail address;

5. 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:

AnonyMouse, Inc.

anonymouseapp@gmail.com

WE 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.

3. 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).

4. 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 this process.

20. Authority to Accept Terms of Service.

By 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.

Final 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.

I hereby Agree to these Terms of Use and certify that I am at least 13 years old.