LAST UPDATED: April 28, 2021
2. SERVICES AVAILABLE ON THE WEBSITE
Without limiting the generality of the forgoing, we build software that enables those who have experienced sexual violence or harassment to access local services, report anonymously or file a formal complaint with law enforcement. Reporting is limited to sexual violence incidents that have occurred within the community. This can include, but is not limited to incidents on campus, in workplaces, in person and online spaces. VESTA Community is not for reporting any immediate safety concerns, requiring access to medical attention or to obtain immediate police assistance. Users should call 911 for any immediate safety need. You cannot create a report, report to police or others for someone else, use a false name or impersonate another person. False reporting to the police is a crime.
The services we offer are subject to change over time. By using the Applications, you are confirming that you have determined that the services are appropriate for your needs. We do not guarantee that these services meet your needs or that they are suitable for your
“Content” means all content featured or displayed, including, but not limited to, logos, icons, trademarks, text, graphics text, graphics, photographs, images, moving images, sound, illustrations, music, software (excluding the Platform), opinions, remarks, comments, artwork, links, questions, suggestions, information or other materials.
“Vesta Content” means Content owned or used by us, our affiliates or third-party licensors and made available through the Applications, but excluding User Content.
“User” means a person who accesses or uses the Applications.
“User Content” means Content that a User posts, uploads, publishes, submits or transmits to be made available through the Applications.
“Collective Content” means, collectively, Vesta Content and User Content.
- to view, download and print any Vesta Content solely for your personal and non-commercial purposes; and
- to view any User Content to which you are permitted access solely for your personal and non-commercial purposes.
You have no right to sublicense the licence rights granted in this section.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content on through the Applications. You acknowledge that we only act as a passive conduit for the distribution of the User Content and we are not responsible or liable to you or to any third party for the Content or accuracy of the User Content. We do not continuously monitor User Content published by you or moderate between Users, nor shall we be under an obligation to do so. Without limiting the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Content do not necessarily represent us or our opinions.
Any use by you of the User Content is entirely at your own risk. You represent and warrant that any User Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third-party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory, vulgar, illegal, or disparaging statements.
You agree to indemnify us and hold us harmless against all costs, expenses, damages, losses and liabilities incurred or suffered by us related to any User Content posted or transmitted by you through the Applications.
4. APPLICATION LICENCE
- licence, sublicence, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Application in any way;
- modify or make derivative works based upon the Application;
- create Internet “links” to the Service or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; or
- reverse engineer or access the Application in order to: (i) design or build a competitive product or service; (ii) design or build a product using similar ideas, features, functions or graphics of the Application; (iii) copy any ideas, features, functions or graphics of the Application; (iv) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Application; (v) misuse the Application, including by hacking or “scraping”; (vi) send spam or otherwise duplicative or unsolicited messages of any kind in violation of applicable laws; (vii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or anything which would violate third party privacy rights; (viii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (ix) interfere with or disrupt the integrity or performance of the Application; or (x) attempt to gain unauthorized access to the Application or its related systems or networks.
5. YOUR DATA
You can remain anonymous, and no identifying information will be required, while providing basic information to the police and the local community partner if you choose.
All information will be aggregated. Aggregate information may be made accessible to our partners (such as the police, community-based organizations, sexual assault counselling centres, and other local agencies with whom we have agreements) via an online administrative panel. No identifiable information will be provided to our partners without your consent.
If you are using the administrative panel, you must provide an accurate email address, or you cannot be authenticated.
Email and SMS are insecure by their nature, so please keep that in mind if you are contacting us. Please do not include Confidential Information in emails or text messages.
Use of Personal Data
“Personal Data” consists of data and other information made available to us by or for you through the use of the Applications and Platform under these Terms.
You can delete a record up until the time it is submitted, and all information will be deleted from our servers. If you have connected to counselling services, reported your abuse to the police (either anonymously or not), we cannot delete the record after it has been submitted. Additionally, our community partners may have already entered the data you entered into their record management systems.
6. YOUR RESPONSIBILITIES, RESTRICTIONS and REQUIREMENTS
You agree that you will not:
- access, tamper with, or use non-public areas of the Applications, Vesta’s computer systems, or the technical delivery systems of Vesta’s service providers or access our APIs via any means other than through the intended use of the Applications
- disable, interfere with, or try to circumvent any of the features of the Applications or probe, scan, or test the vulnerability of any of our systems
- copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any infrastructure, server configuration or private record keys of Vesta or its users
- access or search or attempt to access or search our Applications database by any means (automated or otherwise)
- scrape, spider, use a robot, or use other automated means of any kind to access the Applications in any way use the Applications to send altered, deceptive, or false source-identifying information
- interfere with, or disrupt (or attempt to do so), the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Applications, or in any other manner interfering with or creating an undue burden on the Applications.
8. LIMITATION OF LIABILITY
We will not be held liable for, and you hereby fully waive the right to claim for, any loss, injury, claim, liability or damages of any kind resulting in any way from use of the Applications.
Your use of the Applications is at your sole risk. The Applications are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. We do not warrant that your use of the Applications will be uninterrupted, secure or error-free.
In no event will we have any liability to you or any third party for any lost profits or revenues or for any indirect, special, incidental, consequential, or punitive damages however caused, whether in contract, tort, or otherwise, and whether or not you or the third party have been advised of the possibility of such damages.
If a user is reporting sexual violence that occurred within an intimate partner or dating relationship, police may have a requirement to investigate an incident of domestic violence.
10. SECURITY BREACHES
In order to protect your security, it is your sole responsibility to ensure that all usernames and passwords used to access the Applications are kept secure and confidential. You must immediately notify us of any unauthorized use of your account, including the unauthorized use of your password, or any other breach of security.
We will investigate any breach of security on the Applications that we determine in our sole discretion to be serious in nature, but we will not be held responsible or liable in any manner for breaches of security or any unauthorized access to your account however caused.
11. WARRANTIES AND REPRESENTATIONS
We hereby disclaim all warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties as to merchantability or fitness for a particular purpose as they relate to the Applications.
12. COMPLIANCE WITH LAWS
You represent and warrant that:
iii. Your use of the Applications will not infringe or misappropriate the confidentiality or intellectual property rights of any third party; and
13. AGE RESTRICTIONS
Users Must be Over the Age of 16. You represent and confirm that you are over the age of 16. We do not target, market, or promote the Applications to those under 16. We do not permit any user under the age of 16 to use the Applications. For users that have not reached the age of majority, use of the Application to connect to counseling services or report to the police will result in mandatory reporting by the community partner or the police to investigate.
14. GOVERNING LAW AND DISPUTE RESOLUTION
15. WAIVER OF CLASS ACTION
By using the Applications, you agree to resolve any claim or dispute arising between you and us on an individual basis, rather than addressing such claim or dispute as part of a group or class. You hereby waive any right you may have to commence or participate in any class action lawsuit commenced against us or our affiliates related to any claim, dispute or controversy arising from your use of the Applications. Where applicable, you hereby agree to opt out of any class proceeding against us otherwise commenced.
The above waiver shall not apply to claims or disputes arising under consumer protection legislation or any other claim or dispute where a waiver of class action lawsuits is unenforceable at law.
16. GENERAL TERMS
18. ADDITIONAL TERMS
The following additional terms and conditions apply to the use of the Applications:
Our Applications provide general information that is intended, but not guaranteed, to be correct and up to date. The information is not presented as a source of legal or medical advice. You should not rely on statements or representations made within the Applications or by any externally referenced Internet sites. If you need legal or medical advice upon which you intend to rely in the course of your affairs, consult a competent, independent professional. We do not assume any responsibility for actions or non-actions taken by people who have visited this site, and no one shall be entitled to a claim for detrimental reliance on any information provided or expressed.