Terms

TERMS OF USE AGREEMENT

Tryst Network (“TRYST”) operates this website (“Site”) through which TRYST will share original written content, original videos and links to resources.  TRYST is focused on increasing access to accurate, sex-positive, empowering material on sex and sexual health, bodies and relationships.

This Terms of Use Agreement (the “Agreement”) sets forth legally binding terms for your use of this Site.  This Agreement also contains warrant and liability disclaimers with respect to the specifications of this Site.  By signing and submitting this document, you are confirming your agreement to become bound to TRYST by the terms of this Agreement.

TERMS AND CONDITIONS OF USE

Welcome to our Site. By using this Site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions or follow all applicable laws, you should not use this Site.

1. Agreement. This Agreement (”the ”Agreement”) specifies the Terms and Conditions for access to and use of the ”Site” and describes the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Tryst upon posting of the modified agreement.  Any such modifications shall be effective immediately. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.

2. Privacy. Your visit to our Site is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
 

3. Ownership. All content included on this Site is and shall continue to be the property of TRYST or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Your use of the Site does not grant you ownership rights or other interest in any of its content.

4. Intended Audience. This Site is intended for adults only. This Site is not intended for any children under the age of 18.

5. Trademarks.  TRYST names mentioned on this Site may be trademarks of their respective owners.

6. Site Use. TRYST grants you a limited, revocable, nonexclusive license to use this Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Site, reverse engineer or break into the Site, or use materials, products or services in violation of any law. The use of this Site is at the discretion of TRYST and TRYST may terminate your use of this Site at any time.

7. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site.


8. Indemnification. You agree to indemnify, defend and hold TRYST and our directors, officers, employees, agents, and affiliates, including WCG Cares, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, made by any third party due to or arising out of your use of the TRYST Site in violation of this Agreement and/or arising from any breach of your representations and warranties set forth in this Agreement.   


9.  Eligibility for Use of the Site. Use of the TRYST Site is void where prohibited.  By using the Site you represent and warrant that (a) you are
18 years of age or older; and (b) you will not breach or violate the Site use warranties set forth in this Agreement.

10. Term. This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Site. 

11.  Use. Illegal and/or unauthorized use of the Site is prohibited. TRYST further reserves the right to take appropriate legal action for any illegal or unauthorized use of this Site.


12.  Protecting Copyrights and Other Intellectual Property.  TRYST respects the intellectual property of others, and requires that our users do the same.  You may not upload, embed, e-mail, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. 

13. Disclaimer.

THE INFORMATION ON THIS SITE IS PROVIDED ON AN ”AS IS,” ”AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK.  TRYST DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF: MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

TRYST is not responsible for the conduct, whether online or offline, of any user of TRYST’s Site.  Neither TRYST nor its affiliates, including WCG Cares, assume any responsibility for any error, omission, interruption, deletion, defect, delay in operation or unauthorized access to, or alteration of, any user communication.  TRYST is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet.

14. Limitation of Liability.

UNDER NO CIRCUMSTANCES WILL TRYST OR WCG CARES BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.

 

Neither TRYST nor its affiliates, including WCG Cares, assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing this Site or your downloading of any materials, data, text, images, video or audio from the Site. In no event shall TRYST, its affiliates or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or non performance by TRYST or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

15. Compliance With State And Federal Laws

Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. Company makes no representation that the content on this Site is appropriate or available for use in other locations, and access to it from territories where the content is illegal and prohibited.


16. Use of Information.  TRYST reserves the right, and you authorize us, to use and assign all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

17. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, please provide a notice containing all of the following information to the TRYST:

(a)  An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(b) A description of the copyrighted work that you claim has been infringed;

(c) A description of where the material that you claim is infringing is located on the Site;

(d) Your address, telephone number, and e-mail address;

(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

18.  No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between user and TRYST or WCG Cares as a result of use of the Site.

19. Applicable Law. 

This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions.  You and TRYST agree to submit to the exclusive jurisdiction of the courts located within the state of California, County of San Diego, to resolve any dispute arising out of the Agreement. 

20. Waiver of Litigation. 

Each the parties hereby knowingly, voluntarily and intentionally waive any right they may have to a jury trial in respect of any litigation (including, but not limited to, any claims, counter-claims, cross claims, or third party claims).  Further, each party hereto certifies that no representative or agent of either party has represented, expressly or otherwise, that such party would not in the event of such litigation, seek to enforce this waiver of right to jury trial provision.  Each of the parties acknowledges that this section is a material inducement for the other party entering into this Agreement.


21. Severability.

If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

22. Termination.  TRYST may terminate this Agreement at any time, with or without notice, for any reason.

23. Contact Information.

HOW TO CONTACT US:

Tryst Network

c/o WCG Cares

[email protected]

24. Entire Agreement. 

This Agreement is accepted upon your use of the TRYST Site and is further affirmed by you.  This Agreement constitutes the entire agreement between you and TRYST regarding the use of the TRYST Site.  The failure of TRYST to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.  The Agreement operates to the fullest extent permissible by law.   

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.  [BUTTON THAT USER CLICKS ON SHOWING THEY’VE AGREED TO THESE TERMS AND CONDITIONS.]

© Copyright 2017 WCG Cares. All Rights Reserved.

 

Privacy Policy of the Tryst Network Website

Introduction

The Tryst Network (“us”, “we”, or “our”) operates http://www.trystnetwork.org (the “Site”). This page informs you of our policies and procedures regarding the collection, use and disclosure of Personal Information we receive from visitors of the Site.

Our Policy

Your privacy is of the utmost importance to us. Certain types of information about our site users will be collected, we want to ensure that you completely understand the terms and conditions surrounding the retrieval and use of said information. This privacy statement will disclose what information we gather and how it will be disseminated.   

We do not collect personally identifiable information from you unless you provide it to us voluntarily and knowingly. You can visit our Site with anonymity.

Please note that this policy applies only to sites maintained by Tryst Network and not to websites maintained by other companies or organizations to which we link.

Non-Personally Identifiable Information

Our primary goal in collecting non-personally identifiable information is to provide you with the information and/or services made available through our web site, as well as to communicate with you.

Therefore, any information gathered will be done so that the Tryst Network can better understand the usage of its site for improvement, development and statistical purposes only. None of the collected information can or will be used to identify site visitors. All vendors that work in cooperation with the Tryst Network have their own privacy policies that include clauses that they will not share data with third parties. All information collected by third party vendors is owned by the Tryst Network, and the Tryst Network will not share, sell, distribute or rent this information to anyone.

Only summaries of visitors’ behavior are produced, i.e., data on most and least popular pages. The information collected cannot be traced back, in any way, to a particular individual. The sole purpose of a data collection is to obtain a better understanding of visitor preferences and improve the Tryst Network site and services. Information is never connected to any personal information you may supply to us, if you register or request information on our Site.

Log Data

When you visit our Site, our servers automatically record information that your browser sends whenever you visit a website as Log Data. This Log Data may include information such as your IP address, browser type or the domain from which you are visiting, the websites you visit, the search terms you use, and any advertisements on which you click. We use Log Data to monitor the use of the Site and of our service, and for the Site’s technical administration. We do not associate your IP address to identify you personally, except in case of violation of the Terms of Service

IP Addresses, Cookies and Other Technologies

We, Tryst Network, use cookies  and other technologies to passively collect demographic information. Cookies are small files downloaded to your computer to track movements within web sites.  Cookies link to information regarding pages you have viewed.

General internet usage information may be obtained from your cookie file, which is stored on the hard drive of your computer. This information will help us improve our Site and deliver a better and more personalized service. You may refuse to accept cookies by activating the setting on your internet browser, which allows you to refuse the setting. However, if you refuse this setting, you may not be able to access certain parts of our Site. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you log on to our Site.

Note: Our Site may use an outside company to display advertisements.  These advertisements may contain cookies,  which we have no control over their tracking technologies or how they may be used.  Also, our advertising companies, if any, may collect cookies received with banner ads, and we do not have access to this information. 

Other technologies used include clear GIF’s and IP address logging.  Clear GIF’S also known as web bugs, beacons, or tags are small graphic images placed on a web page, web-based document or in an e-mail message.  Clear GIFs are invisible to the user because they are typically very small and the same color as the background of the web page, document or e-mail message.  We do not use GIFs to collect personal information about you.  However, we may use clear GIF’s to capture statistical usage information for our web pages, features, or other elements on a web page.  We may correlate this information to a user to personalize user experience and for statistical analysis of user experiences on our web pages. 

We may also collect information about your computer, including your IP address, operating system, browser type for system administration and to report aggregate information to our advertisers. This is statistical date only about visitors’ browsing behaviors and patterns, and does not identify any individual.

Service Providers

We engage certain trusted third parties to perform functions and provide services to us, including, without limitation, hosting and maintenance, customer relationship, database storage and management, and direct marketing campaigns.  We will share your non-personally identifiable information with these third parties, but only to the extent necessary to perform these functions and provide such services.

Law Enforcement

We cooperate with government and law enforcement officials or private parties to enforce and comply with the law.  We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims, legal process (including subpoenas), to protect our rights and property or of a third party, the safety of the public, or any person, to prevent or stop any illegal, unethical, or legally actionable activity, or top comply with the law. 

Changes to Our Privacy Policy

This Privacy Policy is effective as of February 1, 2018 and will remain in effect, except with respect to any changes in its provisions in the future, which will be in effect immediately after being posted on this page.

We reserve the right to update or change our Privacy Policy at any time. It is your responsibility to periodically visit this Policy on our Site to check for any changes. Your continued use of our Site after we post any modifications to the Privacy Policy on this page will constitute your acknowledgment of the changes and your consent to abide and be bound by the modified policy. Note: Only material changes as to how we treat our users personal information will be posted on the Site home page. 

Disclaimer

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; OUR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

I hereby acknowledge that I have read, understood and agree to be bound by the policies, terms and conditions set forth in the privacy policy.