Terms & Conditions

Last Updated: May 24, 2020

These Terms & Conditions are mostly boilerplate we copied and adapted from another website.

The only thing we want to highlight is that when you enter a contest or upload or submit content to Our-Comeback, whether you win the contest or not, you grant Our-Comeback and its successor non-profit organization a perpetual, world-wide, non-exclusive license to use your content for advancing awareness and understanding of male gender issues, which may include using it in media products to be sold for non-profit fundraising. You warrant that you own the right and authority to grant such a license. This information appears on our submission forms, too.

Any questions or concerns – please contact us at our-comeback.com/contact.

HERE IS WHERE THE ADAPTED BOILERPLATE BEGINS.


We may make changes to our Terms & Conditions from time to time. Please note the date of this version, above. If you see that we have a newer version than the last one you’ve seen, look at the end of this document for a change history so you’ll know what’s different. The amended Terms & Conditions will become effective upon their being posted on Our-Comeback’s website or at such later date as may be stated on the amended Terms & Conditions. By continuing your use of the Services you accept the amended Terms & Conditions.

Your use of and access to our Services, software, websites (including third-party plug-ins and extensions) and/or applications (together: “Services”) are governed by these Terms & Conditions (“Terms”). The Services may be provided to you online and/or may be integrated in a third party service. The Services allow you to participate in Our-Comeback’s effort to advance male gender issues. You assume all responsibility and liability for all Content you submit or upload. The Services are provided to you as the user of the Services by Jack Kammer dba Our-Comeback with a postal address of Box 434, Highland MD 20777 USA. Until such time as we organize as a non-profit corporation Our-Comeback operates as a sole proprietorship of Jack Kammer.


By using Our-Comeback (directly with us or through a third party application, plug-in, extension or integration) you agree and accept these Terms & Conditions and our Privacy Policy.


If the Services include, are used in connection with, or are integrated in the services of third parties, the terms and/or privacy and cookie policies of those third parties may apply in addition to these Terms & Conditions. If you are using the Services on behalf of your employer or another organization, you are agreeing to the terms of that organization and you represent and warrant that you have the authority to do so. Our-Comeback is not responsible for any third party services, terms and/or policies.

If you become aware of a vulnerability in any of the Services, please contact us at our-comeback.com/contact.


These Terms & Conditions supersede any and all prior oral and written quotations, terms, communications, agreements and understandings between you and Our-Comeback.


Content ownership, permissions and responsibility

By using the Services you warrant that you have, for any Content you create, use, upload, post, submit or share using the Services, all required permissions (including from copyright and other intellectual property rights owners) or a genuine basis for use under the Doctrine of Fair Use to distribute, transfer, store and/or make the Content online available as part of the Services.

Our-Comeback is not liable to you or any third party for any damages arising out of or in relation to the Content created, used, stored or shared by you within the Services, including but not limited to, copyright protected works and/or trademarks.

Our-Comeback requires a license from you with regards to the Content you post. You agree and acknowledge that by using the Services, you grant us an unlimited, worldwide, royalty-free license to (i) use, host, store, scan, search, sort, index, create previews and (ii) reproduce, communicate, publish, publicly display, distribute and edit (including but not limited to scaling, cropping, adapting and translating) that Content.


Restrictions

You agree that you are using the Services of Our-Comeback in a Good Faith effort to advance male gender issues. If your bias or purpose is to deny, minimize or negate the social need for male gender issues to be recognized and addressed or to find ways to inhibit or damage the efforts of Our-Comeback and its participants we request and recommend that you not use these Services.

 

We retain the right to ban or restrict the use of our Services by trolls and others whose primary purpose is in our judgment interference, diversion and disruption.

You will always respect and observe the good name and reputation of Our-Comeback and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of Our-Comeback and its licensors.

Our-Comeback respects your rights and expects that you respect those of others, including Our-Comeback, its contributors, and third parties. You agree not to use the Services to commit, promote, enable or facilitate any unlawful or criminal acts or breach of these Terms & Conditions or facilitate or promote others to do so.


As a condition to make use of the Services you agree not to create, use, store or share any Content that:

  • features CSAI (child sexual abuse imagery);

  • is obscene, defamatory, libelous, slanderous, profane, indecent, discriminating, threatening, abusive, harmful, lewd, vulgar, or unlawful;

  • promotes racism, violence or hatred;

  • is factually inaccurate, false, misleading, misrepresenting or deceptive;

  • you don’t hold the rights to or do not use in accordance with the Doctrine of Fair Use;

  • infringes, violates or misappropriates intellectual property rights, privacy rights, including data protection rights, and/or any other kind of rights;

  • infringes on or violates any applicable law or regulation; and/or

  • constitutes ‘hate speech’, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation, language or another characteristic of such individual or group.

  • In addition, you agree not to:

  • abuse, harass, stalk, intimidate, threaten, commit violence, or otherwise act unlawfully, or encourage anyone else to do so;

  • impersonate or falsely pretend affiliation with any person or entity;

  • access any non-public areas of the Services;

  • interfere with any access or use restrictions;

  • use any data mining or data gathering or extraction methods, or otherwise collect information about the users of the Services;

  • send viruses, worms, malware, ransomware, junk email, spam, chain letters, phishing emails, unsolicited messages, promotions or advertisements of any kind and for any purpose;

  • interfere with, damage or disrupt the Services or act in a way that may do so;

  • attempt to probe, scan, compromise or test the vulnerability of the Services or any related service, system or network or breach any security or authentication:

  • use automated means to access or use the Services without our permission;

  • reverse engineer or decompile any (part) of the Services;

  • resell, sublicense, rent, lease, offer or otherwise commercialize the Services without our permission; and/or

  • allow others to use your Jersey Name and/or Number.


Violation of the Terms & Conditions

Our-Comeback reserves the right to investigate, provide to third parties, (temporarily) block and/or permanently delete from it servers, without prior notice or liability, any Content and/or accounts or to block anyone from accessing any part of the Services, when Our-Comeback ascertains, at its sole discretion or after receiving substantiated and valid complaints, that you breach these Terms & Conditions or act in violation of any applicable law or regulation.

Intellectual property rights

All intellectual property rights and/or similar rights on the Services are vested in Our-Comeback and/or its licensors and you are not allowed to use, remove, modify, copy, mirror, distribute, decompile, or reverse engineer any of it in any way.

Our-Comeback is not responsible or liable for third party content published within the Services, links to external websites or the content, products or services offered on external websites. You acknowledge and accept that all use outside the Services is at your own risk.

You will always respect and observe the good name and reputation of Our-Comeback and ensure that your use of the Services will in no way prejudice any rights and/or the good name and reputation of Our-Comeback and its licensors.

Disclaimer and Roster Registration

Our-Comeback provides the Services “AS-IS”, without any warranty of any kind. Without limiting the foregoing, Our-Comeback explicitly disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. Our-Comeback makes no warranty that the Services are available on an uninterrupted, secure or error-free basis. Your use of the Services is at your own risk. You acknowledge and agree that Our-Comeback is not responsible for any damages to the computer system or mobile device of you or any third party that result from the use of the Services and is not responsible for any failure of the Services to store, transfer or delete a file or for the corruption or loss of any data, information or Content contained in a file.

Our-Comeback may change, terminate or expand its Services from time to time and reserves the right to limit access to or eliminate any features or functionality of the Services in its own discretion.

Some of the Services require you to register and provide us with data such as your email address, password and/or payment details. You must ensure that these are accurate and keep them updated in your account settings. You are responsible for any activity from or by your account, so you should not share your password and you should protect it carefully. Should registrations or account data appear to be misused, Our-Comeback reserves the right to delete the account. Our-Comeback is not liable for any loss or damage arising from the unauthorized use of your account.

Indemnity and Liability

You will defend, indemnify and hold harmless Our-Comeback (including its employees and affiliates) from and against any claims, incidents, liabilities, procedures, damages, losses and expenses (including legal and accounting fees), arising out of or in any way connected with your access to or use of the Services or your breach of these Terms & Conditions, including any third party claims that Content created, used, stored or shared using the Services by you or through your account, infringe or violate any third party rights without a substantiated claim of fair use under the Doctrine of Fair Use.

The Services may provide integration with third-party services. You acknowledge that: (i) Our-Comeback is not responsible for any acts or omissions of such third-party services; (ii) that Our-Comeback is not an agent of such third-party services; and (iii) your use of those services is subject to any applicable terms and conditions between you and the providers of such services.

Our-Comeback is not liable for any damage or personal injury resulting from any use of the Services, including any (temporary) unavailability or (accidental) removal of your Content or account. In the event Our-Comeback is liable for damage under mandatory law, Our-Comeback’s aggregate liability to you for any and all claims arising out of or in connection with the use of the Services will in no event exceed the amount of one dollar ($1) per incident.

Waiver, Severability & Assignment

Our-Comeback’s failure to enforce a provision is not a waiver of its right to do so later.

If any (part of a) provision of these Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms & Conditions.

If any (part of a) provision of these Terms & Conditions is found to be illegal, unenforceable or otherwise invalid, then (i) the rest of the Terms & Conditions will remain in full force and effect to the extent permissible under or consistent with the relevant laws; and (ii)that part will be deemed to be deleted and substituted by a valid one which in its economic effect comes so close to the invalid part.

You may not assign any of your rights under these Terms & Conditions. Our-Comeback is at any time entitled to assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services without your consent or any other restriction.

Applicable law and Jurisdiction

These Terms & Conditions and any non-contractual obligations arising out of or in connection with it will be governed by and construed and interpreted in accordance with the law of the State of Maryland in the USA. These Terms & Conditions will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

 

Conflict Resolution: The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement promptly by negotiation between persons who have authority to settle the controversy. Any party may give the other party written notice of any dispute not resolved in the normal course of business. If not resolved, any dispute, claim or controversy (i.e., contractual, tort, and/or statutory) arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined EXCLUSIVELY by arbitration in Baltimore, Maryland before one arbitrator. The arbitration shall be administered by either the American Arbitration Association or JAMS. This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Maryland, exclusive of conflict or choice of law rules.

Contact

You can contact Our-Comeback at our-comeback.com/contact.

Version History:

  • May 24, 2020 update to April 26, 2020 version: Added Conflict Resolution paragraph stipulating the use of arbitration rather than court.
     

©2020 Our-Comeback/Jack Kammer; some content ©2020 respective contributors with limited license to Our-Comeback/Jack Kammer; content owned by others is used in accordance with the Doctrine of Fair Use