PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEBSITE, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.

The Kin Theory Database Terms and Conditions of Use (these “Terms”)

The Kin Theory Database (this “Website”) is a project of Nia Tero Foundation (“Nia Tero,” “we”, “our” or “us”). Your use of this Website is subject to these Terms, as well as all applicable laws. These Terms apply to your access to, and use of, this Website. Nia Tero reserves the right to change these Terms at any time, in our sole discretion, and without prior notice, by posting the revised Terms on this Website or emailing the revised Terms to you. Your use of this Website following the posting or emailing of the revised Terms shall constitute your acceptance of such changes. If you do not agree to these Terms, our Privacy Policy, or any other policy governing your access to or use of this Website, you should immediately leave this Website. If you have questions regarding these Terms or your access to or use of this Website, please contact Nia Tero.

Privacy

We respect your privacy and encourage you to read Nia Tero’s policy privacy for the Website (the “Privacy Policy”), which is available here.

Copyright and Trademarks

This Website is owned and operated by Nia Tero. It contains materials derived in whole or in part from Nia Tero and other sources, including from Indigenous screen storytellers (“Storytellers”). These materials are protected by United States and international copyright, trademark, and other intellectual property laws. You may download to a single computer or print a single copy of material from this site for your personal, non-commercial use only. You may not modify, copy, distribute, republish, transmit, or otherwise reproduce any material from this Website without Nia Tero’s prior written permission. By submitting content or other information to this Website or to Nia Tero, you represent that you have the right to grant permission for use by Nia Tero and on this Website.

Takedown Policy

It is the policy of Nia Tero to remove content that infringes on the rights of copyright holders, and such removal decisions shall be within the sole discretion of Nia Tero. [Include Digital Millennium Copyright Act Agent information here, if applicable.]

Content Submitted to Website or Nia Tero

Any unsolicited communication, content, or other material you transmit to the Website or Nia Tero, including any questions, comments, suggestions, or data, is and will be treated as non-confidential and non-proprietary, and may be used by Nia Tero for any purpose. The sender of any communication, content, or other material transmitted to the Website or Nia Tero is solely and fully responsible for such communication, content, or other material, including as to its truthfulness, accuracy, and non-infringement of any other person’s rights. Storyteller content displayed on this Website, including images, descriptions, audio, and videos of people or places, are either the property of, or used with permission by, Nia Tero. Storytellers and other creators of third party content included on this Website are solely and entirely responsible for their own content.

Access

Nia Tero does not charge users to access this Website. In order to access and browse the Website, you must have a compatible computer, tablet, or mobile telephone, as well as internet access or mobile network access.

Prohibited Uses

Nia Tero is committed to equal opportunities for all Storytellers, including Black, Latinx, Asian, and people of color, as well as people who are undocumented, femme, trans, and nonbinary people, LGBTQIA+ people, and people with disabilities, and we will not tolerate any form of abusive, harassing, discriminating or threatening language on this Website or other platforms. In using the Website, you agree to comply with all applicable laws. You are prohibited from posting to or transmitting from this Website any material that could constitute or encourage conduct that would be considered a criminal offense or otherwise violate applicable law, or that is abusive, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane in nature. You agree not to use any device, software or other instrumentality to interfere or attempt to interfere with the proper working of this Website, or take any action that imposes an unreasonable or disproportionately large load on Nia Tero’s infrastructure. You agree not to use any robot, spider, other automatic device, or manual process to monitor or copy Website pages or the content contained in this Website, without the prior express written consent from Nia Tero (such consent is deemed given for standard search engine technology employed by internet search web sites to direct users to this Website). We reserve the right to terminate your use of this Website, and to prohibit you from attending or participating in Nia Tero’s events or from accessing other Nia Tero services if you violate the Terms.

Assignability

You may not assign, convey, subcontract, or transfer your rights or obligations under these Terms, in whole or in part, without Nia Tero’s written consent. All of Nia Tero’s rights and obligations under these Terms are freely assignable by us.

Links to Third Party Content

This Website includes links to internet sites maintained by third parties. Nia Tero is not responsible for any links to third party websites. You use such links at your own risk. Nia Tero has not reviewed all of the content on third party sites linked to or from the Website. Nia Tero does not operate or control any of the information, products, or services on linked third party sites. By using this Website, you acknowledge that Nia Tero is not responsible for the content of any of those third party sites.

No Endorsement

The posting of content on this Website by Nia Tero does not imply any affiliation with, or endorsement of, such content or of any entity or individual.

Age Certification

By using this Website, you certify you are of sufficient legal age. Nia Tero prohibits children under the age of 13 from using this Website. If you are between the ages of 13 to 17, you may only use this site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

DISCLAIMER OF WARRANTIES

NIA TERO MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS WEBSITE OR ITS CONTENT, OR AS TO ANY PERSON, PRODUCT OR SERVICE PROMOTED THROUGH THIS WEBSITE. THIS WEBSITE AND ALL OF ITS CONTENT (INCLUDING USER- AND STORYTELLER-SUBMITTED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, Nia Tero and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, employees, AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THIS WEBSITE OR LINKS. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Nia Tero and our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers, employees, AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) RELATING TO THE SECURITY OF THIS WEBSITE; (B) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (C) THAT THE CONTENT AND INFORMATION ON THIS WEBSITE, OR TO ANY WEBSITES WITH WHICH THIS WEBSITE IS LINKED, ARE ACCURATE, COMPLETE, OR CURRENT; (D) THAT THIS WEBSITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR; OR (E) THAT THIS WEBSITE, OUR SERVERS, OR ANY TRANSMISSIONS SENT FROM NIA TERO OR THROUGH THIS WEBSITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

Limitations of Liability

By accessing this Website or using any services provided by Nia Tero, you agree that in no event will Nia Tero or our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing or using this Website or related services. You specifically acknowledge and agree that Nia Tero and officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees are not liable for any defamatory, offensive or illegal conduct of any user, including content produced or submitted by Storytellers. If you are dissatisfied with any content on this Website, your sole and exclusive remedy is to discontinue using the Website.

Indemnification

You agree to indemnify and to defend and hold harmless Nia Tero, our officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, and third parties, for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of this Website or any services provided by Nia Tero, including any breach by you of these Terms.

Laws

These Terms will be governed by the laws of the State of Washington, without giving effect to any principles or conflicts of law. You acknowledge and agree that any dispute will be decided by the state and federal courts located in Seattle, Washington, and agree that by using this Website, you are subject to jurisdiction of such courts.

Void Where Prohibited; International Users

Nia Tero controls and operates the Website from offices within the United States. Any content is void where prohibited. This Website and Nia Tero reserve the right to block access to the Website by certain international users. By using this Website, you acknowledge your consent to having your personal data transferred to, and processed in, the United States.

Severability; No Waiver

If any term, provision, section, or subsection of these Terms are determined to be unenforceable, void or invalid, you acknowledge and agree that such term, provision, section, or subsection shall be deemed severable from these Terms and shall not affect the enforceability or validity of any remaining term, provisions, sections, or subsections of these Terms. Nia Tero’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement

These Terms (together with our Privacy Policy and any click-through agreements on this Website) contain the entire understanding and agreement between you and Nia Tero with respect to this Website, and supersede all previous communications, negotiations and agreements, whether oral, written, or electronic, between you and Nia Tero with respect to this Website and your use of this Website; provided, however, that Nia Tero may enter into one or more separate written agreements with Storytellers or other content providers (“Storyteller Agreements”) that contain additional terms and conditions applicable to Storytellers’ submissions to, use of, and interaction with, this Website, Nia Tero, and third parties, among other things. Such Storyteller Agreements shall be in addition to these Terms. In the event of a conflict between a Storyteller Agreement and these Terms, the terms and conditions of the Storyteller Agreement shall control.

Updated: February 22, 2021