Welcome to the WeCounterHate.com website. The following terms and conditions (“Terms”) govern your use of this Site. By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms, that you agree to them and intend to be legally bound by them. If you do not agree to these Terms, or if you are under 18 years of age, you are not granted permission to use this Site and must exit immediately.
This addresses the practices of the WeCounterHate website http://www.wecounterhate.com (sometimes referred to as “the Site” or “WCH” or “us” or “we” or “our”) regarding information collected from users. This document does not address or govern any information gathering, use, or dissemination practices related to information collected from the user (sometimes referred to as "you" or "your") other than directly through or from the Site, such as from telephone, facsimile, postal mail, personal delivery, or other or additional offline means or media.
The purpose of the Site is to use the publication and dissemination of hate speech on Twitter as a mechanic to allow the user to donate to a charity or charities who provide services and assistance to combat hate.
DATA USE, COLLECTION OF INFORMATION, AND DISCLOSURE OF INFORMATION
Collection of Personal Information from Users. Except as specifically set forth herein, WCH may collect or track: (a) the email addresses of users that communicate with us via email; (b) information knowingly provided by the user in online forms, donation, registration or membership forms, surveys, email, and other online avenues (including, without limitation, demographic and personal profile data); (c) aggregate and user-specific information regarding which pages a user accesses; and (d) the home server domain names, date and time of your visit, type of computer, the originating IP address, files downloaded, search engine used, operating system, and type of Web browser of users of the Sites.
Charity Partners. Per the Purpose of this Site, the primary function is to donate to a participating partner charity as a statement against hate speech. As part of this process, you may be required to provide a third party payment processor with certain information about yourself including some types of personally identifying information such as your email and your address. You are fully responsible for the veracity of this information. The Site provides an embedded mechanism to donate directly to LifeAfterHate (LAH). You understand that by donating, you are creating a direct relationship with LifeAfterHate in which the donor and LifeAfterHate are the only participants. Any agreement you enter into with, and any data you provide to LAH is done so at your sole discretion is guided entirely by LAH policies.
Use of Personal Information Collected. Personal information collected by us may be used by WCH for many reasons, for example, for recordkeeping, editorial and feedback purposes, marketing and promotional purposes specifically for WCH, statistical analysis of users’ behavior, product development, content improvement, or to customize the content and layout of the Sites. WCH also may use user data to contact users of the Sites regarding existing or future registration and account status and changes to the Site Terms and Conditions or any other policies or agreements relevant to users of the Sites.
Disclosure of Personal Information to Third Parties. Except as provided herein, individually identifying personal information provided through the Sites will not be sold or otherwise disclosed to third parties not affiliated with the site. We may share anonymous and personally identifiable information to a third party pursuant to a subpoena, court order, or other form of legal process, in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process, or if determined by us in our sole judgment that such disclosure or distribution is appropriate to protect the life, health, or property of any other person or entity. Anonymized and aggregated data may be shared more broadly both for legal, reporting, and marketing purposes, as determined by us at our sole discretion.
THIS SITE CONTAINS HATE SPEECH FOR INFORMATIONAL PURPOSES ONLY
The information on this Site is for informational purposes only.
Pursuant to our Purpose, the Site republishes publicly released content from other sources that we categorize as hate speech as defined by our own scoring mechanism, and reflects the opinions of this site exclusively.
Without limiting anything else in these Terms or otherwise, WCH is not responsible for any errors or omissions in the hate speech content or any other Site Materials, nor is it liable for any errors or omissions made by the original publisher.
Hate speech content is, by definition, of a nature that many would deem repugnant and which may, in some jurisdictions, even be considered harmful, illegal or otherwise actionable under law. The information provided here is exclusively for the purpose of demonstrating the very existence of such content and does not, in any way, agree with or promote the accuracy, philosophy, or intent therein.
You agree that you are willing and capable to read and understand the hate speech content provided as educational in nature and agree to indemnify and hold harmless WCH, its owners, and assigns, for any discomfort or emotional distress that the re-published hate speech may cause.
Site Availability. WCH uses reasonable efforts to ensure that the Site is generally available. However, there may be occasions when access to the Sites will be interrupted or unavailable. We will use reasonable efforts to minimize such disruption where it is within its reasonable control. You agree that we shall not be liable to you for any modification, suspension or discontinuance of the Sites. We may stop (permanently or temporarily) publishing the Site or any features within the Site to you or to users generally.
Internet Security. You understand that the technical processing and transmission of any content via the Site may be transferred unencrypted and involve: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Sites will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to the Site, our partners, vendors, charity recipients, or the Internet in general, including, for example, personal information such as your name or address.
Third Party Web Sites and Content. The Site may contain links to other Internet Web sites for the convenience of users in locating information, products, or services that may be of interest. Use of such third party links, the Site and the Site Materials and any other material or content on and made available through the Site is entirely at your own risk. WCH does not recommend and expressly disclaims any responsibility for the content, the accuracy of the information, or quality of products or services provided by or advertised on third party sites or the transactions you conduct or enter into with third parties. Your use of any third party’s website is at your own risk, and subject to the terms and conditions of such other websites. We do not endorse any product, service, or treatment provided on a third party website advertised or provided on the Site.
Communication Opt-Out. Except as necessary for the Site to provide the services, information, or products requested by a registered user, a registered user may opt out of non-essential communications by visiting http://publicgood.com
Proprietary Rights. As between you and WCH, WCH owns or licenses all data, content, graphics, forms, artwork, images, photographs, functional components and any software concepts and documentation and other material on, in or made available through the Site (“Site Materials”), as well as the selection, coordination, arrangement, and organization and enhancement of the Site Materials. Except as otherwise designated by us, all Site Materials are protected pursuant to copyright, trademark, patent and other applicable laws. You agree not to remove or alter any copyright notice or any other proprietary notice on any Site Materials. As between any user and the Site, all names, trademarks, service marks, certification marks, symbols, slogans or logos appearing on the Site are proprietary to WCH or its affiliates, licensors, or suppliers. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Materials, other than the right to use the Site Materials in accordance with these Terms.
Unauthorized Activities. You agree that you will not use the Site for (a) any illegal or unauthorized purposes that violate any local, national, or international laws (including but not limited to import, export, copyright, and trademark laws); (b) modifying, copying, distributing, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, selling any of the Site Materials, unless otherwise authorized by these Terms or in a separate written agreement with the Site; (c) attempting to gain unauthorized access to WCH, its owners or parent company’s computer system or engaging in any activity that interferes with the performance of, or impairs the functionality of the Site or any services provided through the Site; or (d) removing, circumventing, disabling, damaging or otherwise interfering in any way with any security-related features of the Site aimed at preventing or restricting the unauthorized use of the Site or any of the Site Materials. You may use the Site and the Site Materials consistently with the Purpose of these Terms. Any other use of the Site or Site Materials, including but not limited to the aforementioned unauthorized uses, without prior written permission of WCH is strictly prohibited. You acknowledge and agree that the unauthorized use of the Site or the Site Materials could cause irreparable harm to the Site and that in the event of such unauthorized use, we shall be entitled to an injunction in addition to any other remedies available at law or in equity.
DISCLAIMERS, INDEMNIFICATION, AND LIMITATION OF LIABILITY
Disclaimers. WCH, its owners, subsidiaries, and affiliates, are not responsible for and do not guarantee the accuracy or completeness of any Site Materials, User Content, products, data, services, links, advertisements or other items contained within the Site. We reserve the right to immediately remove any Site Materials or User Content for any reason or for no reason. You agree that you must evaluate and bear all risks associated with the use of Site Materials or User Content and that you may not rely on such Site Materials or User Content.
THE SITE, THE SITE MATERIALS, USER CONTENT, SERVICES, PRODUCTS, INFORMATION AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE ARE MADE AVAILABLE “AS IS” AND “WITH ALL FAULTS.” USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. WCH AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, AND DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, WITH RESPECT TO THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEMS INTEGRATION, NON-INTERFERENCE, QUALITY, TITLE, AND NON-INFRINGEMENT. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS AND EFFORT WITH REGARD TO ANY AND ALL USER CONTENT, THE SITE, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, IS WITH YOU.
LIMITATION OF LIABILITY. WCH AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR UWW HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF UWW AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF WCH AND ITS LICENSORS SHALL NOT EXCEED ONE DOLLARS ($1). If you are dissatisfied with WCH or with any of these Terms, or feel the Site has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
Indemnification. You shall indemnify WCH and its owners, directors, officers, employees, agents, contractors and licensors (“Indemnities”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to WCH, or any breach by you of these Terms and shall indemnify and hold WCH Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of WCH. WCH or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If WCH or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to WCH, subject to our right of to assume, at our sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
Internet Security. You understand that the technical processing and transmission of any Site content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please be advised that we do not guarantee that any information sent from our Site will be secure during transmission, nor can we guarantee the confidentiality of any communication or material transmitted to or through the Site or the Internet, including, for example, personal information such as your name or address.
Changes to these Terms; Termination. We reserve the right at any time to modify, alter or update these Terms. Your use of the Site following any changes means that you agree to follow and be bound by the terms as changed. Any change to these Terms shall be effective as to any visitor who has visited the Site before the change was made. It is the obligation of users visiting the Site before the change to learn of changes to the Terms since their last visit. We may suspend or terminate your account and/or your ability to use the Site, or any services on the Site, for failure to comply with these Terms, for providing us with untrue or inaccurate information about yourself, for infringement upon our proprietary rights, or for any other reason whatsoever or for no reason.
Governing Law and Jurisdiction. These Terms represent the entire agreement between you and the Site with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of New York, without reference to its conflict of law rules; PROVIDED, HOWEVER, THAT THE TERMS OF ANY APPLICABLE LAW NOW OR HEREAFTER ENACTED THAT IS BASED ON, DERIVED FROM, SIMILAR TO, OR CONNECTED WITH THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT DRAFTED BY THE NATIONAL CONFERENCE OF COMMISSIONERS ON UNIFORM STATE LAWS SHALL NOT APPLY EXCEPT TO THE EXTENT THAT THE LAW EXPRESSLY PROHIBITS ALTERATION BY THESE TERMS OF THE APPLICABILITY OF ONE OR MORE SECTIONS OF THE LAW. By accessing, viewing, or using the services, works, content, or materials on the Site, you consent and agree to (a) the exclusive jurisdiction of the federal and state courts located in New York ; (b) accept service of process by personal delivery or mail; and (c) irrevocably waive the right to trial by jury and any jurisdictional and venue defenses otherwise available.
Miscellaneous. The Site is controlled and operated from within the United States. Without limiting anything else, the Site makes no representation that the Site, Site Materials, User Content, services, products, information or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so on their own volition and are responsible for compliance with applicable laws. The waiver or failure of WCH to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not party to this agreement will be deemed to be a third party beneficiary of these Terms or any provision hereof. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.”