Terms of Use

Welcome to notthisgirl.ddmnet.com (“Not This Girl”).  At Not This Girl, we provide a community that supports those affected by sexual and domestic violence through empowerment, offering a bridge to resources, creating awareness, and advocating for change.  The following terms and conditions (“Terms of Use”) govern your use of all information, products, and services located under the domain notthisgirl.ddmnet.com.  By using the Not This Girl website in any manner, you agree to be legally bound by these Terms of Use (“Agreement”):
Submissions.  Not This Girl strives to empower those affected by domestic violence by accepting and/or publishing information provided by such individuals.

a. If you submit any information, text, images or other audiovisual information to Not This Girl in any form including, but not limited to, any written narrative or other information presented as your story, journey or hope, as used on notthisgirl.ddmnet.com (“Submission”), that Submission still belongs to you, and you can use it in any other way without restriction.

b. In order to operate notthisgirl.ddmnet.com, Not This Girl may need the right to make certain uses Submission. Therefore, when you provide a Submission to Not This Girl, you agree to grant Not This Girl an irrevocable, perpetual, worldwide, royalty-free, fully sublicenseable, non-exclusive license to copy, distribute, publicly display, publicly perform and make derivative works of your Submission, or any modification or adaptation of your Submission, on notthisgirl.ddmnet.com and in connection with any products or services affiliated with Not This Girl regardless of the form of media used or of whether such services now exist or are developed in the future, including, but not limited to print publications.  If you provide a Submission to Not This Girl, then you hereby represent and warrant that you have all rights and interest in that Submission necessary to grant the above rights to Not This Girl.

c. Your name and email address will never be included if your Submission is published.  Due to the large number of Submissions, there is no guarantee that your Submission will be published.  Not This Girl reserves the right to edit, modify and/or redact your Submission prior to publication in any manner that Not This Girl, in its sole discretion, deems appropriate.  Not This Girl may need to contact you with respect to your Submission.  You represent, agree and warrant that it is safe for Not This Girl to attempt to contact you at any time and to leave any message identifying itself using any contact information you provide to Not This Girl.  Not This Girl has the sole and unlimited right, but not the obligation, to elect not to post any Submission.

d. You agree and understand that Submissions to Not This Girl are not submitted for review, diagnosis, or the rendering of any professional service or opinion by Not This Girl; receipt and/or publication of any Submission is not intended to treat or diagnose, nor is it intended to replace or substitute for any professional, financial, medical, mental health, legal, or other professional advice that you may need and/or be receiving. If you have specific concerns or a situation in which you require professional, psychological or medical help, you should consult with an appropriately trained and qualified specialist.

e. You agree and understand that any number of consequences could result from sending a Submission to Not This Girl or choosing to rely on any information relating to a Submission provided to Not This Girl by a third party, including, but not limited to, the consequences flowing from either the publication or decision to publish sensitive and personal information and the consequences flowing from your decision to apply information or circumstances offered by a third party to your unique situation.  Please understand that every situation, including your own, is unique.  Ultimately, you are completely responsible for your actions and Not This Girl expressly disclaims any liability for any situation in your life: past, present or future.

f. You agree not to provide any Submission that, if published would be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable, that violates any party’s intellectual property, or that is detrimental to the quality or intended purpose of Not This Girl.

2. Resources. Not This Girl strives to empower those affected by domestic violence by offering a bridge to resources for help; these resources included, but are not limited to links to other websites, contract information for other persons and organizations, Submissions, and all other information contained on notthisgirl.ddmnet.com (“Content”).

a. While Not This Girl is committed to providing accurate information, Not This Girl does not monitor and cannot control all Content, and does not guarantee the accuracy, integrity or quality of such Content. You agree that under no circumstances will Not This Girl be liable in any way for circumstances arising from the accuracy of any Content.  You understand that you must evaluate and bear all risks associated with all Content, including any reliance on the content, integrity, and accuracy of such Content.

b. Not This Girl cannot control the conduct of third parties, including organizations listed to provide help.  You agree that under no circumstances will Not This Girl be liable in any way for the conduct of any third party, including any person or organization which you contact directly or indirectly as a result of visiting notthisgirl.ddmnet.com.  You understand that the “quick exit” button does not clear your cache and will not prevent third parties with access to your computer from being able to detect that you viewed notthisgirl.ddmnet.com.  You understand that you must evaluate and bear all risks associated with your choice to view or use notthisgirl.ddmnet.com and any transaction you undertake with any third party.

c. Except where expressly permitted, you do not have the right to use, copy, transmit, modify or repurpose any Content that does not belong to you, other than viewing and using the Content as provided for on notthisgirl.ddmnet.com and consistent with Not This Girl’s purpose and intent.

3. Merchandise. A portion of notthisgirl.ddmnet.com is dedicated to providing merchandise designed to empower those affected by domestic violence and to support the mission of Not This Girl.  In order to purchase merchandise, you are required to provide certain information to Not This Girl.  Not That Girl will only use the information you provide as provided in its Privacy Policy, located at [Insert location or link], which is fully incorporated into this Agreement.  The Privacy Policy governs all information provided to Not This Girl and not just information provided to purchase merchandise.

4. Intellectual Property. Not This Girl respects the intellectual property of others.  If you believe that your work has been copied on notthisgirl.ddmnet.com in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to Not This Girl’s copyright agent:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • a description of the copyrighted work or other intellectual property that you claim has been infringed;
  • a description of where the material that you claim is infringing is located on the site;
  • your address, telephone number, and email address;
  • 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;
  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf.

Not This Girl’s agent for notice of claims of copyright or other intellectual property infringement can be reached electronically at copyright@notthisgirl.ddmnet.com or via US Mail at______________________.

5. General Terms.

a. Not This Girl may modify this Agreement at any time in its discretion.  Although Not This Girl will use reasonable efforts to notify you of changes where commercially practicable, we reserve the right to make any changes to this Agreement without notice.  You agree to be bound by any changes to the Agreement through use of notthisgirl.ddmnet.com after any such changes have been posted, with or without notice to you.  You can always review the current version of the Agreement at [insert location on website].

b. These Terms of Use will remain in full force and effect while you use Not This Girl. Those terms that can continue to operate after you stop using Not This Girl (including without limitation your Content license to Not This Girl and the General Terms in this Section) will survive after you stop using Not This Girl.

c. You agree to indemnify and hold Not This Girl, its subsidiaries, affiliates, officers and employees, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your actions, or those of a third party purporting to act as you or on your behalf, in using Not This Girl, (ii) a claim that you, or any third party purporting to act as you or on your behalf, infringed any intellectual property or other right of any person or organization, including, but not limited to rights of privacy and publicity, using Not This Girl, or (iii) the violation of these Terms of Use by you, or any third party purporting to act as you or on your behalf.

d. Our attorneys have told us that we must write the following disclaimer in conspicuous language:

ANY SERVICE OR MERCHANDISE PROVIDED BY NOT THIS GIRL IS PROVIDED “AS IS” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE OPERATION OF notthisgirl.ddmnet.com, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR PURCHASED FROM notthisgirl.ddmnet.com. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, NOT THIS GIRL AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHER, NOT THIS GIRL AND ITS AFFILIATES DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER INFORMATION CONTAINED ON notthisgirl.ddmnet.com. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOT THIS GIRL DOES NOT WARRANT THAT NOTTHIS GIRL.COM WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT notthisgirl.ddmnet.com IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM NOT THIS GIRL OR NOTHTISGIRL.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

e. One more from our attorneys:

NOT THIS GIRL AND ITS AFFILIATES WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, NOT THIS GIRL’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO NOT THIS GIRL IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) TWENTY-FIVE DOLLARS ($25.00).

YOU SPECIFICALLY ACKNOWLEDGE THAT NOT THIS GIRL SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

f. Not This Girl is controlled and offered from its facilities in the United States of America. Not This Girl makes no representations that any aspect of notthisgirl.ddmnet.com is appropriate or available for use in other locations. Those who access or use notthisgirl.ddmnet.com from other jurisdictions do so at their own volition and are responsible for compliance with local law.

g. This Agreement is the entire agreement between Not This Girl and you regarding your use of notthisgirl.ddmnet.com. Any dispute arising from or related to this Agreement shall be governed by the laws of the State of Michigan without regard to conflict of law principles. Exclusive venue of any such dispute shall be the state or federal courts located in Kent County, Michigan and you agree to the personal jurisdiction of those courts for such purposes.

h. The failure of Not This Girl to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and be enforceable.

i. The section titles or captions contained in this Agreement are provided for the sake of convenience only and shall not be deemed part of the context of this Agreement.

j. If any provision of this Agreement or its application to any person or circumstances shall, for any reason and to any extent, be invalid or unenforceable, the remainder of this Agreement and the application of that provision to other persons or circumstances shall not be affected by it, but rather shall be enforced to the greatest extent permitted by law.

6. Ability to Accept Terms of Service. You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the notthisgirl.ddmnet.com is not intended for children under 13. If you are under 13 years of age, then please do not use notthisgirl.ddmnet.com.

Not This Girl