Terms of Use

Last Updated: June 12, 2012

1. Introduction.

This website is owned Great Minnesota Outing. By accessing or viewing this website, uploading content to this website, and/or participating in or using any service offered on this website (collectively and individually the “Services”), you agree to these Terms of Use (“Terms of Use” or “Terms”). Please review these Terms carefully as they form a contract between you and Great Minnesota Outing. From time to time, Great Minnesota Outing may decide to modify, add, or delete portions of these Terms. If it does so, your continued use of the Services after any such changes have been made means you agree to such changes.

2. Privacy

These Terms incorporate by reference Great Minnesota Outing’s privacy policy which is found below. Please read the terms of the Privacy Policy carefully as you agree to them when you use the Services.

3. Limited License.

Subject to these Terms, you may use the Services, including accessing and viewing content from this website on your computer or other device, submitting content, and making single copies of the content on this website for your own personal use, provided that you do not:

  • Post content that is abusive, hateful, or embarrassing to any other person or entity
  • Use the Services to harm or harass anyone or any group;
  • Contact anyone who has asked not to be contacted;
  • Impersonate any person or entity;
  • Post irrelevant content or post content in inappropriate categories;
  • Post content that is directed to people younger than 13 years of age;
  • Delete, otherwise revise or improperly interfere with any content posted by any other user;
  • Post content that infringes or misappropriates any copyright, trademark, patent, trade secret, or other intellectual property or any privacy or publicity rights of another;
  • Post content that is obscene or sexually explicit;
  • Repeatedly post the same or similar content or otherwise impose an unreasonable or disproportionately large load on Great Minnesota Outing’s infrastructure;
  • Employ any data-mining or data-extraction tools;
  • Copy or adapt the HTML code used to generate this website;
  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising any part of this website;
  • Engage in any activity that conflicts with any obligations you have under law including contractual or fiduciary relationships;
  • Interfere with or attempt to interfere with the proper working of this website;
  • Circumvent, disable, or otherwise interfere with security-related features of this website;
  • Violate any applicable laws, rules, or regulations in any jurisdiction;
  • Access data not intended for you or log into a server or account that you are not authorized to access;
  • Advertise products;
  • Post chain letters, “junk mail,” “spam,” or pyramid schemes;
  • Distribute viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or misappropriate any system, data or information; or
  • Employ misleading email addresses or forged headers or otherwise manipulate, through identifiers, to disguise the origin of content transmitted through this website.

4. Linking to this Website.

You may link to any content on this website. If you are interested in reprinting, republishing or distributing content from Great Minnesota Outing, please contact Great Minnesota Outing to obtain written consent.

5. Proprietary Rights.

As between you and Great Minnesota Outing (unless otherwise provided in these Terms and excluding any User Content you submit) Great Minnesota Outing or its licensors own all content on this website including, without limitation, all videos, text, graphics, user interfaces, visual interfaces, photographs, moving images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such content. This content is protected by copyright, trademark, trade dress, moral rights or other intellectual-property regimes.

6. User Content.

Great Minnesota Outing encourages you and other users to contribute content to this website including, without limitation, videos and textual narratives that share your stories of hope with LGBT teens and associated comments thereto (“User Content”). When you view User Content and comments submitted by other users, keep in mind that such User Content may not necessarily represent your own view or the view of Great Minnesota Outing. While Great Minnesota Outing encourages User Content that is supportive and helpful, through your use of the Services, you may be exposed to User Content that you may find offensive, objectionable, harmful, inaccurate or deceptive. You assume all associated risks.

7. Your User Content

You understand that when you submit User Content, you are granting Great Minnesota Outing a license to display the User Content in connection with the Services or otherwise as set forth in these Terms, and, whether or not your User Content is published on the website, Great Minnesota Outing guarantees no confidentiality or anonymity with respect to your User Content. While you don’t have to include your name, your likeness, or any other specific information in the User Content you submit, if your video or other User Content conveys your name, your likeness, (or other identifying information in the background of your video) you understand and agree that this information may be displayed on the Great Minnesota Outing website along with your User Content. Accordingly, please review your User Content carefully prior to submission to ensure it contains no information that you are not comfortable sharing. If your User Content is a video, you can disable access to that User Content by deleting it from your YouTube account. If you your User Content is a textual narrative or other form of User Content, you can disable access to that User Content by contacting Great Minnesota Outing via email at brian@artistsgiveback.org with a written request to disable access to your User Content, including sufficient details in your request for Great Minnesota Outing to identify and disable such User Content.

You retain all ownership rights in the User Content you submit. However, by submitting your User Content to the Great Minnesota Outing website, you grant Great Minnesota Outing a worldwide, perpetual, irrevocable non-exclusive, royalty-free, sub-licensable through multiple tiers, and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform, commercialize, and otherwise exercise all rights in and to the User Content in any media formats and through any media channels now known or hereinafter invented or discovered for any purpose consistent with the mission and vision of Great Minnesota Outing. Such license includes all rights and permissions to reproduce your likeness, name and any other personal information that you choose to submit as a part of the User Content. You also grant each user of the Services a non-exclusive license to access your User Content through the Service, and to use, reproduce, distribute, display, link to and perform such User Content as permitted through the functionality of the Services and under these Terms of Use.

Great Minnesota Outing reserves the right to monitor User Content and to remove or decline to post any User Content at any time, for any reason (or for no reason), without notice and at its sole discretion, including, without limitation, if it determines that User Content is inappropriate or fails to comply with these Terms. Great Minnesota Outing has no responsibility for the backup of any of any User Content or any lost data resulting from the use, operation or discontinuation of any aspect of the Services.

8. Submitted Materials.

Unless specifically requested, Great Minnesota Outing does not wish to receive any confidential, proprietary, or trade secret information from you via the website (including via contact email made available on the website). Accordingly, if you send Great Minnesota Outing any information or creative works including, without limitation, idea submissions, suggestions, business plans, concepts or demos in any media including photographs, graphics, audiovisual media or other material (“Submitted Material”) you grant Great Minnesota Outing a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive, and fully transferrable, assignable, and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sublicense (through multiple levels) the Submitted Material in any media now known or hereinafter invented, including for commercial purposes. If you send Great Minnesota Outing any Submitted Material you also warrant that the Submitted Material is not confidential or secret and that the Submitted Material is owned entirely by you. If you send Great Minnesota Outing any Submitted Material you warrant that you have all rights necessary (including rights of privacy and rights of publicity) to authorize Great Minnesota Outing to use Submitted Material as permitted by the license in this Section.

9. Third Party Websites.

The Services may contain links to third party websites that take you outside of the Great Minnesota Outing website and the Services (“Linked Sites”). For example, if you upload or share a video on this website, you must do so by means of your YouTube account. Accordingly, when you upload and share a video on this website you are also subject to YouTube’s terms of service and privacy policy. Great Minnesota Outing has no responsibility for the information, content, products, services, advertising, code or other material which may be provided through the Linked Sites, so use common sense as you navigate the web, be aware when you leave this website and read the applicable legal documents for each website you visit.

10. Indemnification.

You will defend, indemnify, and hold harmless Great Minnesota Outing, its officers, directors, employees, affiliates and agents from and against any claims, losses, damages, fines, penalties or other liabilities in any way associated with: (i) your use of and access to the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party right including any copyright, trademark, trade secret, or privacy right related to your User Content (as applicable) or use of the website.

11. Disclaimers.

GREAT MINNESOTA OUTING MAKES NO REPRESENTATION AS TO THE COMPLETENESS, ACCURACY OR CURRENCY OF ANY INFORMATION ON THIS WEBSITE. THE CONTENT AND INFORMATION FOUND ON THIS WEBSITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION OR SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT. GREAT MINNESOTA OUTING DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

12. Limitation of Liabilities.

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL GREAT MINNESOTA OUTING (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE USE OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF GREAT MINNESOTA OUTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL GREAT MINNESOTA OUTING’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE WEBSITE, OR THE SERVICES (WHETHER IN CONTRACT, TORT NEGLIGENCE, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST BEGIN WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

13. Release.

If you have a dispute with one or more users, you release Great Minnesota Outing (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

14. Claims of Infringement.

Great Minnesota Outing respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, Great Minnesota Outing will respond expeditiously to notices of alleged copyright infringement that are duly reported to its Designated Copyright Agent identified in the notice below. Great Minnesota Outing will disable and/or remove access to the website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Great Minnesota Outing’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

  • Identify the copyrighted work that you claim has been infringed, or if multiple works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
  • Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the website.
  • Provide your mailing address, telephone number and, if available, email address.
  • Include both of the following statements in the body of the Notice:
  • “I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
  • "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
  • Provide your full legal name and your electronic or physical signature.
  • Deliver this Notice, with all items completed, to Great Minnesota Outing’s Designated Copyright Agent:
    • Jon Staff
    • Great Minnesota Outing
    • 17 Beacon St #3
    • Somerville, MA 02143

While Great Minnesota Outing considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

15. Termination.

Either of us may terminate this Terms of Use at any time. You may terminate this Terms of Use by disabling all of your User Content from this website and by discontinuing your use of the Services and access to the website. Great Minnesota Outing may disable or bar your access to the Services and this Website and/or may generally cease providing the Services and this website at any time.

16. General.

These Terms of Use will be governed by the laws of the State of California, without reference to its choice of laws rules. The exclusive jurisdiction and venue for any action under these Terms of Use will be in the state and federal courts of Los Angeles, California. You hereby accept the personal jurisdiction of such courts. You may not assign any rights granted to you or delegate any of your duties hereunder and any attempt to do so is void and of no effect. Great Minnesota Outing may assign its rights and delegate its duties under this Agreement in their entirety in connection with a merger, reorganization, or sale of all, or substantially all, of its assets relating to this Terms of Use. Nothing in this Agreement constitutes a partnership or joint venture between you and Great Minnesota Outing. Great Minnesota Outing does not guarantee continuous, uninterrupted or secure access to this website or the Services, and operation of the websites may be interfered with by numerous factors outside of its control. Great Minnesota Outing’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between you and Great Minnesota Outing with respect to the subject matter hereof. Sections 5 (Proprietary Rights); 8 (Submitted Materials); 10 (Indemnification); 11 (Disclaimers); 12 (Limitation of Liability); 13 (Release); and 16 (General) survive any termination or expiration of this Agreement. Additionally, any provision that was, by its nature, intended to survive termination of these Terms will so survive. If any provision of these Terms of Use is invalid or unenforceable in any jurisdiction, the other provisions herein will remain in full force and effect.

17. Contact Us.

If you have questions about these Terms or the Services, you may contact Great Minnesota Outing at hi@greatminnesotaouting.com.

PRIVACY POLICY

Last Updated: June 13, 2012

1. Introduction

This website is owned and operated by the IOLA Foundation d/b/a It Gets Better Project (“Great Minnesota Outing”) (TM). By accessing or viewing this website, uploading content to this website, and/or participating in or using any service offered on this website (collectively and individually the “Services”), you agree to this Privacy Policy. Please review this Privacy Policy carefully as it forms a contract between you and Great Minnesota Outing. From time to time, Great Minnesota Outing may decide to modify, add, or delete portions of this Privacy Policy. If it does so, your continued use of the Services after any such changes have been made means you agree to such changes. This Privacy Policy is incorporated into, and is part of, Great Minnesota Outing’s TERMS OF USE LOCATED HERE (“TERMS OF USE”), which also govern your use of the Services. Capitalized terms not defined in this Privacy Policy have the definitions provided in the Terms of Use.

2. Personal Information

Great Minnesota Outing collects and stores information that you enter in connection with the Services. To use some services, Great Minnesota Outing may collect limited personal information that can identify you or that can be used with other sources of information to identify you (“Personal Information”). For example, the “Share Your Story” and “Take the Pledge” services require you to submit your email address, name, and zip code, and the “Contribute Online” service requires similar information as well as payment information such as your address and credit card number.

3. Anonymous Information

When you use the website, Great Minnesota Outing may also collect certain information that does not identify you individually (“Anonymous Information”). For example, Great Minnesota Outing may collect your IP address, browser information and website domain name every time you use the Services. Great Minnesota Outing may also collect information regarding user-traffic patterns and website usage.

4. Use of Cookies and Spyware

Great Minnesota Outing does not use or install spyware on your computer. Great Minnesota Outing does not use spyware to retrieve information from your computer. Like many websites, Great Minnesota Outing uses “cookies,” which are files stored on your computer’s hard drive by your browser. Cookies help Great Minnesota Outing identify users and optimize their website experience. Most browsers accept cookies automatically but allow you to disable them. Great Minnesota Outing recommends that you leave cookies enabled so it can offer you a better website experience.

5. Use of Your Information

5.1. Use of Anonymous Information

Great Minnesota Outing may use Anonymous Information to help it determine how its users interact with parts of the Services so it can improve the Services and make them more useful. Great Minnesota Outing may also use or share with others Anonymous Information in any other manner that Great Minnesota Outing deems appropriate or necessary.

5.2. Use of Personal Information

Great Minnesota Outing’s Use of Your Personal Information.

Great Minnesota Outing may use your Personal Information to contact you about programs and opportunities related to the mission of Great Minnesota Outing. For example, Great Minnesota Outing may use your Personal Information to contact you about new offers, newsletters, action alerts, press releases, information about Great Minnesota Outing programs, volunteer opportunities and donation appeals.

Sharing of Personal Information with Third Parties

Great Minnesota Outing may share your Personal Information with non-affiliated third parties that are trusted, like-minded organizations. Great Minnesota Outing may also exchange its support contact list for other non-profit organizations’ lists for targeted uses. These practices are intended to allow Great Minnesota Outing and trusted, like-minded organizations to communicate with a broader audience about community events, policy concerns, fundraising endeavors, and other information that is likely to be of shared interest.

You may opt out from having Great Minnesota Outing share your Personal Information to non-affiliated third parties by sending Great Minnesota Outing an email with “Opt Out of Third Party Sharing” in the subject line to hi@greatminnesotaouting.com. Great Minnesota Outing occasionally has third party agents that perform functions on its behalf, such as marketing, website development or hosting, web analytics, credit card processing, and fraud protection. These entities have access to the Personal Information needed to perform their functions and are contractually obligated to maintain the confidentiality and security of Personal Information. They are contractually restricted from using, selling, distributing or altering this data in any way other than to provide the requested services to the website.

5.3. Public Forums

When you contribute to a public area of this website, such as when you upload User Content, the User Content that you submit will be made available to the general public and will not be considered “Personal Information” for purposes of this Privacy Policy. Accordingly, Great Minnesota Outing recommends that you use caution when submitting any sensitive information such as your full name, home address, phone number, or other information that would enable users to locate you or information about you. Great Minnesota Outing also recommends that you preview all User Content prior to submitting it to ensure it contains no information that you are not comfortable sharing. Great Minnesota Outing does not make Personal Information publicly available in connection with your User Submissions.

5.4. Legally Compelled Disclosures

Great Minnesota Outing may disclose Personal Information to government authorities, and to other third parties when compelled to do so under law (and/or under a reasonable interpretation of the law), including, without limitation, in response to court orders and subpoenas.

5.5. Emergency Situations

Great Minnesota Outing may also use or disclose Personal Information if required to do so by law or in the good faith belief that such action is necessary to: (i) conform to applicable law; (ii) protect and defend its rights or property, the website or its users, and (iii) act under emergency circumstances to protect the personal safety of Great Minnesota Outing, its users, and others.

6. Links and Other Websites

This Privacy Policy only applies to the information collected while you are on the Great Minnesota Outing website. The Great Minnesota Outing website may contain links to other websites. This Privacy Policy does not apply to any information that may be collected on those other websites. For example, if you upload or share a video on this website, you must do so by means of your YouTube account. Accordingly, when you are on the YouTube website, you are subject to YouTube’s privacy policy. Great Minnesota Outing has no responsibility for the information that may be collected on other websites. Accordingly, you should use common sense as you navigate the web, be aware when you leave this website, and read the applicable legal documents for each website you visit.

7. Transfer in the Event of Reorganization

In the event that Great Minnesota Outing, any affiliate of Great Minnesota Outing, or substantially all of its assets, are acquired by one or more third parties as a result of an acquisition, merger, sale, reorganization, consolidation or liquidation, Personal Information may be one of the transferred assets. For purposes of this policy, an “affiliate” of Great Minnesota Outing is an entity that is under the control of, or under common control with, Great Minnesota Outing.

8. Security

Great Minnesota Outing implements and maintains reasonable security procedures and practices appropriate to the nature of the information, to protect the personal information from unauthorized access, destruction, use, modification, or disclosure. You understand and agree, however, that no transmission of data over the internet is guaranteed to be completely secure. It may be possible for third parties not under the control of Great Minnesota Outing to intercept or access transmissions or private communications unlawfully, including in the case of your contacting Great Minnesota Outing by email or a “contact us” or similar feature on this website. Accordingly, though Great Minnesota Outing may take reasonable steps to protect the security and integrity of all Personal Information provided to the Services, due to the nature of the internet, Great Minnesota Outing cannot guarantee that information, during transmission through the internet or while stored on its system or otherwise in its care, will be absolutely safe from intrusion by others, such as hackers. Any such transmission is done at your own risk. Storage and security of video User Content and any metadata associated therewith, is pursuant to YouTube’s privacy policy. If you receive an email or other correspondence requesting that you provide any sensitive information that seems suspicious to you, please do not provide such information, and report such request to us at hi@greatminnesotaouting.com.

9. Users

This website is not intended for use by children under the age of 13. Great Minnesota Outing does not knowingly collect Personal Information from children under the age of 13. If you are under the age of 13, you must immediately discontinue use of this website.

10. Jurisdiction.

This Privacy Policy will be interpreted under the laws of the United States of America. To the extent you are accessing this website from outside of the United States of America, you do so at your own risk. If you are located outside the United States of America, you should be aware that your Personal Information will be transferred to the United States of America, the laws of which may be deemed by the other countries to have inadequate data protection. If you are located in a country outside the United States of America and voluntarily submit Personal Information to Great Minnesota Outing, you consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States of America.

11. Your California Privacy Rights.

As of January 1, 2005, California Civil Code Section 1798.83 permits end users who are California residents to request certain information regarding disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email hi@greatminnesotaouting.com and include the phrase “1798.83 Privacy Request” in the email subject line.

12. Contact Us

If you have any questions or comments regarding Great Minnesota Outing’s privacy practices, you may contact us at hi@greatminnesotaouting.com