Restrictions on Use of Materials
This site is owned and operated by AFFIRMATION: GAY & LESBIAN MORMONS (referred to as "AFFIRMATION," "we," "us," or "our" herein). Except where otherwise indicated, or where "used with permission" (of original author) appears, or where a non-Affirmation copyright mark is used, ALL material from AFFIRMATION.ORG may be copied, reproduced, republished, uploaded, posted, transmitted, and distributed in any way, other than for commercial purposes, provided you do not modify the materials in any way and keep intact all copyright and other proprietary notices. Modification of the materials is a violation of AFFIRMATION's copyright and other proprietary rights.
AFFIRMATION is pleased to hear from its loyal members, friends, and visitors and welcomes your comments regarding AFFIRMATION publications, meetings, and goals, including AFFIRMATION's online services. AFFIRMATION welcomes original papers, ideas, or any work that may be of benefit for the LDS gay, lesbian, bisexual, and transgendered community.
Appropriate materials include anything that relates to both being Mormon and G/L/B/T. This policy deliberately keeps our focus narrow, as many sites on general G/L/B/T information already exist on the Internet, and our volunteer website administrators do not need extra work that only duplicates what is already available. The administrators for the site reserve the right to make corrections to submissions, including: spelling, grammatical, and factual.
If you send us creative suggestions, ideas, messages, notes, drawings, concepts, or other information of any nature and in any form (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of AFFIRMATION and may be used by AFFIRMATION in its sole discretion. None of the Information shall be subject to any obligation of confidence on the part of AFFIRMATION, and AFFIRMATION shall not be liable for any use or disclosure of any Information. Without limitation of the foregoing, AFFIRMATION shall exclusively own all now known or hereafter existing rights to the Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Information.
To the extent that such ownership rights are not enforceable with respect to any of the Information, you hereby grant to AFFIRMATION a perpetual, royalty free, worldwide, sublicensable, non-exclusive, irrevocable license to use, reproduce, perform, display, electronically transmit, and create derivative works based on, any Information you upload or post on the Site, and you hereby warrant to Affirmation that you have full power and authority to grant such a license. To the extent allowed by law, this Section includes all rights of paternity, integrity, disclosure and withdrawal and any other rights that may be known as or referred to as "moral rights," "artist's rights," "droit moral" or the like (collectively "Moral Rights"). To the extent you retain any such Moral Rights under applicable law, you hereby ratify and consent to, and provide all necessary ratifications and consents to, any action that may be taken with respect to such Moral Rights by Affirmation; you agree not to assert any Moral Rights with respect thereto.
You agree to indemnify and hold Affirmation, its parents, subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys' fees, from (i) any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services, the violation of this Agreement by you, or the infringement by you, or any third party using the Account, of any intellectual property or other right of any person or entity, and (ii) all consequences, including personal harm, of your having been exposed to or not exposed to information through the Site.
Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting educational, social and supportive programs available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by AFFIRMATION from a server located in the United States of America. AFFIRMATION makes no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AFFIRMATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. AFFIRMATION DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AFFIRMATION DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT, USE, OR THE RESULTS OF THE USE OF ANY OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU RELEASE AFFIRMATION FROM ALL LIABILITY FOR YOUR HAVING ACQUIRED OR NOT ACQUIRED INFORMATION THROUGH THE SITE OR FOR THE USE BY THIRD PARTIES OF ANY PERSONAL INFORMATION THAT YOU MAY CHOOSE TO DISCLOSE ON THE SITE. YOU (AND NOT AFFIRMATION) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
Under no circumstances, including, but not limited to, negligence, shall AFFIRMATION be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if AFFIRMATION or a AFFIRMATION authorized representative has been advised of the possibility of such damages. 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 no event shall AFFIRMATION's total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing this site.
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to any principles of conflicts of law. Any legal dispute shall be settled by a court of competent jurisdiction in the County of Multnomah, State of Oregon. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between the parties relating to the subject matter herein and is not subject to modification except as provided herein.
You acknowledge and agree that Affirmation may revise these binding terms and conditions at any time by updating this page. Therefore, you should visit this page from time to time to review the then-current terms and conditions.