terms of SERVICE
the breasties terms of service
The Breasties (“The Breasties,” “we,” or “us”) is the first all-inclusive nonprofit organization that creates an international community for survivors, previvors, thrivers, and carevivors impacted by breast and gynecological cancers. We are on a mission to empower through connection, free events and trusted resources, and to fund cancer research.
These Terms of Service (“Terms”) apply to your access to and use of the websites, mobile applications and other online products and services (collectively, the “Services”) provided by The Breasties. By clicking your consent (e.g., “Continue,” “Sign-in,” or “Sign-up,”) or by using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in the Resolving Disputes; Binding Arbitration Section.
Our Privacy Statement explains how we collect and use your information while our Rules outline your responsibilities when using our Services. By using our Services, you’re agreeing to be bound by these Terms and our Rules.
If you have any questions about these Terms or our Service, please contact us at gro.seitsaerbeht%40olleh.
your account and responsibilities
You’re responsible for your use of the Services and any content you provide, including compliance with applicable laws. Content on the Services may be protected by others’ intellectual property rights. Please do not copy, upload, download, or share content unless you have the right to do so.
Your use of the Services must comply with our Rules.
You may need to register for an account to access some or all of our Services. Help us keep your account protected. Safeguard your password to the account, and keep your account information current. We recommend that you do not share your password with others.
If you’re accepting these Terms and using the Services on behalf of someone else (such as another person or entity), you represent that you’re authorized to do so, and in that case the words “you” or “your” in these Terms include that other person or entity.
To use our Services, you must be at least 18 years old.
If you use the Services to access, collect, or use other users’ personal information (“Personal Information”), you agree to do so in compliance with applicable laws. You further agree not to sell any Personal Information, where the term “sell” has the meaning given to it under applicable laws.
For Personal Information you post or otherwise provide to us, you represent and warrant that you have lawfully collected the Personal Information and that you or a third party has provided all required notices and collected all required consents before collecting the Personal Information. You further represent and warrant that The Breasties’ use of such Personal Information in accordance with the purposes for which you provided us the Personal Information will not violate, misappropriate or infringe any rights of another (including intellectual property rights or privacy rights) and will not cause us to violate any applicable laws.
user content on the services
The Breasties is not a governmental agency or entity and may review your conduct and content for compliance with these Terms and our Rules, and reserves the right, in its sole discretion, to remove any violating content.
The Breasties reserves the right, in its sole discretion, to delete or disable content alleged to be infringing the intellectual property rights of others, and to terminate accounts of repeat infringers. We respond to notices of alleged copyright infringement if they comply with the law; please report such notices using our Copyright and DMCA Terms.
rights and ownership
You retain your rights to any content you submit, post or display on or through the Services.
By submitting, posting, or displaying content on or through the Services, you grant The Breasties a nonexclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your content and any name, username or likeness provided in connection with your content in all media formats and distribution methods now known or later developed on the Services.
So long as you comply with these Terms, we give you a limited, personal, non-exclusive, and non-assignable license to access and use our Services.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title or interest in the Services, other users’ content on the Services, or our trademarks, logos or other brand features.
Separate and apart from the content you submit, post or display on our Services, we welcome feedback, including any comments, ideas and suggestions you have about our Services. We may use this feedback for any purpose, in our sole discretion, without any obligation to you. We may treat feedback as non-confidential.
We may stop providing the Services or any of its features within our sole discretion. We also retain the right to create limits on use and storage and may remove or limit content distribution on the Services.
termination
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with or without notice.
transfer and processing of data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
indemnification
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless The Breasties, and our officers, directors, agents, partners and employees (individually and collectively, the “Breasties Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights) or your violation of the law. You agree to promptly notify Breasties Parties of any third-party Claims, cooperate with Breasties Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Breasties Parties will have control of the defense or settlement, at The Breasties’ sole option, of any third-party Claims.
disclaimers — service is “as is”
The Breasties aims to give you great Services but there are some things we can’t guarantee. Your use of our Services is at your sole risk. You understand that our Services and any content posted or shared by users on the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, The Breasties doesn’t represent or warrant that our Services are accurate, complete, reliable, current or error-free. No advice or information obtained from The Breasties or through the Services will create any warranty or representation not expressly made in this paragraph. The Breasties may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through our Services (collectively, “Third-Party Content”). We do not control or endorse, and we make no representations or warranties regarding, any Third-Party Content. You access and use Third-Party Content at your own risk. Some locations don’t allow the disclaimers in this paragraph and so they might not apply to you.
limitation of liability
We don’t exclude or limit our liability to you where it would be illegal to do so; this includes any liability for the gross negligence, fraud or intentional misconduct of The Breasties or the other Breasties Parties in providing the Services. In countries where the following types of exclusions aren’t allowed, we’re responsible to you only for losses and damages that are a reasonably foreseeable result of our failure to use reasonable care and skill or our breach of our contract with you. This paragraph doesn’t affect consumer rights that can’t be waived or limited by any contract or agreement.
In countries where exclusions or limitations of liability are allowed, The Breasties and Breasties Parties won’t be liable for:
(a) Any indirect, consequential, exemplary, incidental, punitive, or special damages, or any loss of use, data or profits, under any legal theory, even if The Breasties or the other Breasties Parties have been advised of the possibility of such damages.
(b) Other than for the types of liability we can’t limit by law (as described in this section), we limit the total liability of The Breasties and the other Breasties Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.
resolving disputes; binding arbitration
We want to address your concerns without needing a formal legal case. Before filing a claim against The Breasties, you agree to contact us and attempt to resolve the claim informally by sending a written notice of your claim by email at [gro.seitsaerbeht%40olleh] or by certified mail addressed to The Breasties, [PO Box 427, Metuchen, NJ 08840]. The notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to you will be sent to the email address associated with your online account and will contain the information described above. If we can’t resolve matters within thirty (30) days after any notice is sent, either party may initiate a formal proceeding.
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with The Breasties and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and The Breasties agree that any dispute arising out of or related to these Terms or our Services is personal to you and The Breasties and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or The Breasties seeks to bring an individual action in small claims court located in the county where you reside or disputes in which you or The Breasties seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and The Breasties waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in New York, New York unless you’re a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this section a “consumer” means a person using the Services for personal, family or household purposes. You and The Breasties agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are incorporated into these Terms by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and The Breasties agree that these Terms affect interstate commerce and that the enforceability of this section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, The Breasties, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality doesn’t apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy, or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and The Breasties agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and The Breasties will pay the remaining JAMS fees and costs. For any arbitration initiated by The Breasties, The Breasties will pay all JAMS fees and costs. You and The Breasties agree that the state or federal courts of the State of California and the United States sitting in San Francisco, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and The Breasties will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this section by sending an email of your request to ehT%40sdneirfruoy Breasties.com. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with the next section regarding “Governing Law and Venue.”
(h) If any portion of this section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from these Terms; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this section will be enforceable.
governing law and venue
These Terms and any dispute that arises between you and The Breasties will be governed by New York law except for its conflict of law principles. Any dispute between the parties that’s not subject to arbitration or can’t be heard in small claims court will be resolved in the state or federal courts of New York and the United States, respectively, sitting in New York, New York.
Some countries have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.
amendments
We may make changes to these Terms from time to time. If we make changes, we’ll provide you with notice of them by sending an email to the email address associated with your account, offering an in-product notification, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you don’t agree to the amended Terms, you must stop using our Services.
severability
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
miscellaneous
The Breasties’ failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms, and the terms and policies listed in the Other Terms and Policies that May Apply to You Section, reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
THE BREASTIES' RULES
The Breasties is an open platform that exists to share ideas and perspectives from the world’s most insightful writers, thinkers, and storytellers. We welcome thoughtful and civil discussion from a broad spectrum of viewpoints. Nevertheless, to maintain a safe and welcoming environment for a wide range of people to engage in meaningful conversations, we prohibit certain conduct. Each participant in our community is responsible for maintaining these standards.
In deciding whether someone has violated the rules, we will take into account things like the context and nature of the posted information, the likelihood and severity of actual or potential harms, and applicable laws. Violations of our rules may result in consequences such as account restrictions, limited distribution of your posts, and suspension of your account. The Breasties has the sole authority and final decision as to whether content or behavior violates our rules.
If you find a post or account on The Breasties that you believe violates these rules, please email us at [gro.seitsaerbeht%40olleh]. Capitalized terms here have the same meaning as defined in The Breasties Terms of Service.
threats of violence and incitement
We do not allow content or actions that threaten, encourage, or incite violence against anyone, directly or indirectly.
hateful content
We do not allow content that constitutes or promotes violence, harassment, or hatred against people based on characteristics like race, ethnicity, national origin, religion, caste, disability, disease, age, sexual orientation, gender, or gender identity.
We do not allow posts or accounts that glorify, celebrate, downplay, or trivialize violence, suffering, abuse, or deaths of individuals or groups. This includes the use of scientific or pseudoscientific claims or misleading statistics to pathologize, dehumanize, or disempower others. We do not allow calls for intolerance, exclusion, or segregation based on protected characteristics, nor do we allow the glorification of groups which do any of the above.
We do not allow hateful text, images, symbols, or other content, including in your username, profile, or bio.
harrassment
The Breasties exists to empower through connection, free events and trusted resources, and to fund cancer research. We don’t tolerate harassment, which includes but is not limited to:
● Bullying, threatening, mocking, or shaming someone, or posting things likely to encourage others to do so;
● Engaging in a repetitive or targeted campaign of harassment against someone or a group of people;
● Using derogatory language, racial slurs, or obscenities to disparage or attack someone or a group of people;
● Using The Breasties’ features like responses, private notes, mentions, follows, story requests, or writer requests in a way that attempts to or does annoy or harass someone, or to draw inorganic attention to your content on The Breasties; or
● Reviewing businesses or products in a gratuitously harmful or abusive manner.
privacy and reputation
We do not allow the following:
● Posting images of, transcripts of, copies of, or links to private communications between private individuals without the explicit consent of all parties to the communication. Redacting names or other information does not supplant the need to secure permissions;
● Doxing, which includes not only private or obscure personal information but also the aggregation of publicly available information to target, shame, blackmail, harass, intimidate, threaten, or endanger a person or group of people;
● Posting intimate or explicit images taken or posted without the subject’s express consent; or
● Content that violates others’ privacy or personal safety, including sensitive or confidential information such as credit card numbers, social security numbers, non-public phone numbers, physical addresses, email addresses, or other similar information.
restricted categories
We do not allow posts or accounts that engage in the following restricted categories of activity:
● Promotion of controversial, suspect, or extreme content;
● Facilitation of gambling or betting;
● Facilitation of buying or selling social media interactions, including off-platform;
● Facilitation of sexual services;
● Facilitation of copyright or other intellectual property violation;
● Facilitation or evidence of violating the terms of service of The Breasties or third party(s); and
● Facilitation of illegal hacking (e.g., stealing credentials, compromising personal information).
We do not allow the use of pseudoscience, disinformation, or other content that is contrary to public health or safety.
related conduct
We do not allow content or accounts that engage in on-platform, off-platform, or cross-platform campaigns of targeting, harassment, hate speech, violence, or disinformation. We may consider off-platform actions in assessing an account, and restrict access or availability to that account.
graphic content
We do not allow posting, linking to, or otherwise promoting pornographic images or videos. We do not allow gratuitously graphic or disturbing media, regardless of subject matter, and reserve the right in our sole discretion to delete, remove, or otherwise limit access to such gratuitously graphic or disturbing media.
exploitation of minors
We do not allow content promoting the sexual, violent, or other exploitation of minors.
promotion and glorification of self-harm
We do not allow content or activities that encourage, promote or glorify acts of self-harm, such as cutting, eating disorders like anorexia or bulimia, and suicide. If you encounter users contemplating or threatening self-harm, please report it to us via email at [gro.seitsaerbeht%40olleh].
spam or site misuse
We do not allow spam or misuse of the Services. All spam or misuse will be immediately removed from The Breasties without notification. Examples of spam or misuse include, but are not limited to:
● Posting content primarily to drive traffic to, or increase the search rankings of, an external site, product, or service;
● Scraping and reposting content from other sources for the primary purpose of generating revenue or other personal gains;
● Stories where the content is clipped with the purpose of linking to the rest of the article on a different website;
● Performing a disproportionately large number of interactions, particularly by automated means. This includes bulk or indiscriminate interactions, such as following of other accounts (follow spam) clapping, highlighting, or leaving notes;
● Repeatedly using responses or other interactions as a method of promotion or marketing;
● Participating in bounty campaigns or brigades to artificially inflate rankings for posts, accounts, businesses, or products; or
● Use or re-use content templates with slight modifications across multiple posts and accounts.
For each of these behaviors, when we talk about “content,” we mean not only posts but also any other feature that allows you to add your own text or media. When we talk about “interactions,” we mean any feature that allows one user to interact with another person or post.
COPYRIGHT AND TRADEMARK INFRINGEMENT
Respect the copyrights and trademarks of others. Per our Terms of Service, we require users to have permission to post the content they publish on The Breasties. Users found in violation of our copyright rules are not eligible for appeal or restoration.
We respond to notices of alleged infringement as described in our Terms of Service, Copyright and DMCA Terms, and Trademark Terms.
copyright and dmca terms
This policy explains how The Breasties responds to allegations of the unauthorized use of copyrighted images, text, or links to allegedly infringing materials under the Digital Millennium Copyright Act (“DMCA”). Section 512 of the DMCA outlines the statutory requirements for formally reporting copyright infringement. It also explains how to challenge a notification of claimed infringement by submitting a counter-notice.
do you have rights in a copyrighted work?
If you aren’t sure whether you own the copyright in a particular work, please consult an attorney before sending a copyright notice to us. The Breasties cannot provide you legal advice.
how to file a dmca notice
If you believe that Subscriber Content residing or accessible on or through our Services infringes a copyright, please send a notice of copyright infringement containing the following information via email at [gro.seitsaerbeht%40olleh] or to the Designated Agent at the address below:
● A physical or electronic signature (typing your full name will suffice) of the copyright owner or a person authorized to act on their behalf;Identification of the copyrighted work claimed to have been infringed (e.g., a copy of or link to your original work or clear description of the materials allegedly being infringed upon);
● Identification of the infringing material and information reasonably sufficient to permit The Breasties to locate the material on our website or services (e.g., a link to the infringing post);
● Your contact information, including your address, telephone number, and an email address;
● A statement that you have a good-faith belief that the use of the material in the manner asserted is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.You can report alleged copyright infringement by emailing the above information to [gro.seitsaerbeht%40olleh]. You can also mail a copyright notice to: The Breasties Designated AgentAllison BrumelThe Breasties42 Lincoln AveMetuchen, NJ 08840Phone: 7326180935Email: gro.seitsaerbeht%40eilla Under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you aren’t sure whether the material you are reporting is in fact infringing your rights, you should consult an attorney before sending us a copyright notification.
how we process the claim
We process copyright notices in the order they are received. Please note that submitting duplicate DMCA notifications may cause delayed processing. Our response to notices of alleged copyright infringement may include the removal or restriction of access to allegedly infringing material.
If we remove or restrict access to user content in response to a notice of alleged infringement, we will make a good-faith effort to contact the affected account holder and provide information concerning the removal or restriction of access, including a copy of the takedown notice, along with instructions for filing a counter-notification. We may also forward a copy of the complaint to Lumen. Where appropriate, we may suspend and warn repeat violators, and in more serious cases, permanently terminate user accounts.
when you receive a dmca notification
If you receive a DMCA notification, it means that the content described in the notice has been removed from The Breasties or access to the content on The Breasties has been restricted. Please carefully read our notice to you, which includes information about the notification we received as well as instructions on how to file a counter-notice.
filing a counter-notice
If you received a DMCA notification about your material and believe that material was misidentified or removed in error, you should file a counter-notice by following the instructions below. Re-posting material removed in response to a DMCA notification may result in permanent account suspension. If you believe the content was removed in error, please file a counter-notice instead of re-posting the material.
To submit a counter-notice, please provide us with the following information:
1. A physical or electronic signature (typing your full name will suffice);
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (the description from the DMCA notice will suffice);
3. A statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which The Breasties may be found, and that you will accept service of process from the person who provided the copyright notification or an agent of such person.
To submit a counter-notice, please respond to our original email notification of the removal and include the above information in the body of your reply.
after you submit a counter-notice
When we receive a valid counter-notice, we will promptly forward a copy to the person who filed the original notification. If we don’t receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material, we may replace or cease disabling access to the material that was removed.
think long and hard before filing a dmca notification or counter-notice
Please think carefully before submitting a claim or counter-notice, especially if you aren’t sure whether you are the actual rights holder or authorized to act on a rights holder’s behalf. There are legal and financial penalties for fraudulent and/or bad-faith claims. Please make sure you are the actual rights holder, or you have a good-faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.
learn more
To learn more about the DMCA and Section 512, check out the following resources:
United States Copyright Office
Lumen Database
Electronic Frontier Foundation
deceptive conduct
We do not allow deceptive conduct on The Breasties. This includes, but is not limited to:
● Posting content or impersonating a person or organization in a way likely to deceive people. Parody and satire are fine, but make clear that is what you’re doing; or
● Using The Breasties for phishing or fraud. Don’t use tags, links, titles, or other metadata in a misleading way. Don’t link to or embed malicious or harmful code or software in your posts. Don’t use deception to generate revenue or traffic.
● If you have received free goods or services, or anything of value in connection with the topic of a post, you must make this clear.
trademark terms
People write about all kinds of things on The Breasties. Sometimes they reference companies or products. We do not allow using someone else’s trademark in a way likely to confuse people. A trademark can be lots of things, but usually it’s a word, phrase or design (like a company name, a product name, a slogan or a logo). It shows readers that this good or service comes from one company as opposed to some other company. Trademarks exist to prevent consumer confusion over the source of a particular good or service. They also stop one company from free-riding on another company’s investment in branding. By contrast, they do not exist to help a company stop someone from discussing it (or its products) or to end secondary markets.
someone’s using my trademark on the breasties. what do i do?
If you think someone’s using your trademark in a way that’s likely to confuse readers, let us know and we will take appropriate action. This might include temporarily or permanently removing the content. If you find infringement of your trademark on The Breasties, please contact us at [gro.seitsaerbeht%40olleh].
If someone is using your trademark, please know there are a few scenarios in which we would not take it down. For example,|● If it is being used in a way that is not likely to confuse anyone about the source of the good or service.
● If they are making fair use of it, such as nominative fair use. This is when someone uses a trademark to refer to a company or brand, not to indicate it is the source of the good or service. For example, if someone posts about a product made by “Company X” and in that post specifically references “Company X” to refer to the product made by “Company X,” it’s likely considered fair use. People are allowed to use your company or product name to write things -- even negative things -- about your company, product, brand, etc. So long as the writer is not confusing anyone about whether you authorized or endorsed the post, it would likely be viewed as fair use.
ads, promotions, and marketing
● Advertising, promoting, and marketing products and/or services is only permitted within designated group pages. If advertising, promotional, or marketing messages or posts are found outside of the designated group page(s), it may be removed at the sole discretion of The Breasties.
● In these designated group pages, you may promote your own business; however, you may not advertise or promote third-party products, services, or brands nor may you advertise or promote your products or services through our posts, publications, or letters. This includes images that indicate brand sponsorship in a post or letter, or as part of a publication name or logo.
● Images functioning as third-party ads are not allowed. Inline images or embeds that link out and function as banner ads for third-party brands are not allowed.
You must disclose affiliate links. Affiliate links, such as link out to Amazon with your code, or any other link out where you will receive a commission or other value, are allowed in posts. But, you must disclose somewhere in the post that it includes affiliate links. If you have received payment, goods or services, or something else of value in exchange for writing a post, you must still disclose this fact in writing within your post (as per FTC Rules and Guides).
● Multi-level or affiliate marketing content is not allowed.
embedded content and collection of personal information
To ensure the data privacy and security of our users, embedded content must comply with the following requirements. An “embed” includes a link, form, or a request for information or other content.
Embeds directly collecting data through our form fields, comments, or other onsite means are not allowed. This includes embeds that facilitate the submission of email addresses, credit card information, or other personal information. If you want to collect information from your readers, you will need to follow these requirements:
● If you link out from your post on The Breasties to a form hosted elsewhere, that form must make it clear to a user that they are no longer in The Breasties network and the information they disclose is subject to the third-party’s Terms of Use and Privacy Policy.
● If the link directs users to your own platform to subscribe to your newsletter, blog or other content you create, then in your content immediately next to the link you must disclose that the link will take the user offsite outside of The Breasties.
● If your content includes a form that sends user information to you or a third-party, immediately next to or within the form you must disclose that the form will send the user’s information to an offsite third-party outside of The Breasties that is subject to that offsite third-party’s Terms of Use and Privacy Policy, or offsite outside of The Breasties, to you directly.
cryptocurrency accounts, posts, and publications
Posts and accounts that focus on cryptocurrencies which do not meet the following requirements may be considered spam and are subject to suspension, depending on context. We do not endorse or verify any coin, token, or similar announcement. To prevent fraud and abuse, you must:
●Include a link to your active project domain in your user account bio.
●Use an email address from that domain as your verified The Breasties account email, and maintain that email account actively.
●Link at least one consistently-branded social media account (Facebook or Twitter) to your The Breasties account. That social account should also link out prominently to the same domain as is included in your The Breaties user bio.
●Include a prominent about page with up-to-date contact information on your project website.
You may not:
●Use an anonymous email address which is not linked to your project domain (e.g., gmail, protonmail, mail.ru, etc.);
●Advertise or participate in bounty campaigns, pump and dumps, reviewing for reward, or other forms of brigading or inauthentic activity; or
●Include shortened URLs in your posts.
paid, automatic, bulk, or non-genuine interactions
We depend on various user behaviors — like follows and likes — to determine what content to feature and make the site work well for everyone. We don’t allow artificial behaviors that skew this system and as a result degrade or distort other users’ experiences.
This includes, but is not limited to:
● Buying, selling, or trading in accounts or account interactions — including views, reads, follows, likes, highlights, responses or other traffic;
● Using services, apps, or arrangements that offer you more views, reads, follows, likes, or other interactions on your account or content; or
● Registering accounts, posting content, or interacting with users or content automatically, systematically, or programmatically.
general use of the services
You may not do, try to do, or cause a third party to do the following:
(1) access or tamper with non-public areas of the Services, our computer systems, or the systems of our technical providers;
(2) access or search the Services by any means other than the currently available, published interfaces (e.g., APIs) that we provide;
(3) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or
(4) interfere with, or disrupt, the access of any user, host, or network, including sending a virus, overloading, flooding, spamming, mail-bombing the Services, scraping, or by scripting the creation of content or accounts in such a manner as to interfere with or create an undue burden on the Services.
use of custom domain features
The Breasties may provide the ability to point a domain name that you control to a publication on the Services. If you use this custom domain feature, you understand that your publication will still be hosted on the Services and will still be subject to our Terms of Service. If you use this custom domain feature, you may not do, try to do, or cause a third party to do the following:
(1) Alter the look and feel or transform the content of the webpage, including by injecting ads, inserting tracking code, or altering The Breasties’ look or feel;
(2) Use proxy servers or any other means to short-circuit our rules or circumvent user protections; or
(3) Mislead users about what site they are on or what their actions will do.
Your use of the custom domain feature must comply with our Privacy Statement. Please note that our rules around storing, transferring, and using user data are more user-protective than some other sites’. We do not sell user data or allow tracking of our users across the web. We expect you to uphold these same rules and policies in connection with operating your custom domain.
how to report a violation
If you find a post or account on The Breasties that violates these rules, please contact us at gro.seitsaerbeht%40olleh.
if you break the rules
We strive to be fair, but we reserve the right to suspend accounts or remove content, without notice, for any reason, particularly to protect our services, infrastructure, users, or community. If you attempt to evade suspension by creating new accounts or posts, we will suspend your new accounts and posts.
notice
Upon investigating or disabling content associated with your account, we will notify you, unless we believe your account is automated or operating in bad faith, or that notifying you is likely to cause, maintain or exacerbate harm to someone.
appeals
If you believe your content or account has been restricted or disabled in error, or believe there is relevant context we were not aware of in reaching our determination, you can write to us at gro.seitsaerbeht%40olleh. We will consider all good faith efforts to appeal.
government takedown requests
If we receive a request from a government actor to restrict access to content associated with your account, we will notify you unless we are prohibited by law or believe doing so may endanger others. Where applicable, we will work to limit legally-ordered content restrictions to jurisdictions where we have a good faith belief that we are legally required to restrict the content. We may enforce, or not enforce, these policies at our sole discretion. These policies don’t create a duty or contractual obligation for us to act. We also may change these rules at any time.
We are committed to providing a transparent, open platform for expression and therefore supports the goals and spirit of The Santa Clara Principles on Transparency and Accountability in Content Moderation as a starting point for further discussion.