GayData.org Terms of Usage
When you use www.GayData.org and related domains (“GayData.org”) and its related
services, you agree to the following terms and conditions. These terms may be revised
from time to time, or at any time, in the sole discretion of the website creator, Dr.
Randall Sell and his assignees at Drexel University, School of Public Health, and the
Program for LGBT Health (“Affiliates”) by updating this posting. Unless otherwise
provided, the revised terms will take effect when they are posted.
BY CONTINUING TO USE THE SITE, YOU ARE INDICATING YOUR ACCEPTANCE
OF AND AGREEMENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND
ALL REVISIONS THEREOF.
Disclaimer: While we strive to provide the best and most up-to-date information
available at this site, your use of it is at your own risk. We make no guarantee or
warranty that the information at GayData.org is 100% accurate, correct, or strictly
authenticated. It is your responsibility to verify independently any and all information
found on GayData.org. Nothing in GayData.org should be construed as an attempt to
offer legal, medical or other professional advice. No GayData.org Affiliates, authors,
editors, or users of this site can be responsible for your use of information contained in
or linked from this site.
Re-publishing: You may copy, modify, and redistribute GayData.org text without
permission, as long as you meet the terms of the Creative Commons License. The
Creative Commons license allows GayData.org content to be used freely for
noncommercial purposes. Allowing free re-publication of materials found here advances
our mission by offering this collection of research materials to even more people for
free. When re-publishing GayData.org articles, please attribute us in the manner
described on our "Attribution Requirements" page at How to Properly Attribute
GayData.org.
This Site is intended to be used by Adults Only. You may not use this site unless
you are at least 13 years old. In accordance with the Federal Children's Online Privacy
Protection Act of 1998 (COPPA), GayData.org will never knowingly solicit nor will it
accept personally identifiable information from users known to be under thirteen (13)
years of age.
It is Free. GayData.org does not charge people to use our free data resource.
Privacy: We strongly believe that each of our users has a right to maintain their privacy.
GayData.org does not use spy-ware, ad-ware, pop-up ads, spam or other annoying or
intrusive advertising. We do not require users of this site to provide any identifying
information on but if you choose to provide it we will not sell, rent, or exchange your
personal information to any third party for marketing purposes.
User Obligations. You agree not to do any of the following while using the Site:
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Violate any applicable law, statue, ordinance or regulation;
Access, tamper with or use non-public areas of the Site. Unauthorized individuals
attempting to access these areas of the Site may be subject to prosecution;
Gather and use information, such as other users' names and email addresses,
available from the Site to transmit any unsolicited advertising, "junk mail",
"spam", or "chain letters;" or
Impersonate or misrepresent your affiliation with any person or entity.
Intellectual Property Policy. GayData.org respects the intellectual property of others
and expects users of the Site to do the same.
Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998),
GayData.org's designated agent for notice of alleged copyright infringement appearing
on our site is Dr. Randall Sell who may be reached by email at rls82@drexel.edu 1505
Race St., Room 1133 (MS1032), Philadelphia, PA 19102. Telephone: 215-762-1643,
Fax 215-762-4800.
To file a notice of infringement with us, you need to fulfill the requirements specified in
Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be
found at the U.S. Copyright Office web site,
http://www.loc.gov/copyright/legislation/dmca.pdf (visited February 17, 2010).
Notices: GayData.org will give you any necessary notices by posting them on the Site.
We do not require users to provide email addresses so you will not receive notices by
email. You agree that you will check the Site for notices, and that you will be considered
to have received a notice when it is made available to you by our posting it on the Site.
Links: The Site contains numerous links to other web sites and resources. You
acknowledge and agree that GayData.org Affiliates are not responsible or liable for (i)
the availability or accuracy of such sites or resources; or (ii) the content, advertising, or
products on or available from such sites or resources. The inclusion of any link on the
Site does not imply that we endorse the linked site. You use the links at your own risk.
Errors and Disclaimer of Warranties: We do not guarantee that the information
provided will be sufficient or appropriate for every individual or situation. Consequently,
You use the site at your own risk. The information provided may not be accurate, work
for your particular situation, be suitable or appropriate for you. We strongly urge you to
consult an authority in the appropriate field, agency or institution before using any
information provided at www.GayData.org.
While we make every effort to provide a sterile server environment, we also do not
guarantee that the Site will be error free or that it or the servers that operate it are free
of viruses or other harmful components. If your use of the Site results in the need for
servicing or replacing property, material, equipment or data, we are not responsible for
those costs.
Without limiting the foregoing, everything on the site is provided to you "AS IS" and "AS
AVAILABLE" without warranty or condition of any kind, either expressed or implied,
including, but not limited to, the implied warranties of availability, accuracy, reliability,
timeliness, security, completeness, merchantability, fitness for a particular purpose or
non-infringement. Please note that some jurisdictions may not allow the exclusion of
implied warranties, so some of the above exclusions may not apply to you.
GayData.org Affiliates also make no warranty that the site will meet every user’s
repuirements nor do GayData.org Affiliates make any warranty as to the results that
may be obtained from use of the site.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
USER FROM GAYDATA.ORG OR THROUGH THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnity: You agree to defend, indemnify, and hold harmless GayData.org, Dr.
Randall Sell, the Program for LGBT Health, Drexel University and the School of Public
Health, its officers, directors, employees, agents, attorneys, accountants, consultants,
and advisors and its Content Providers from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees, made by
any third party due to or resulting from your use of the Site or the Site Content or your
violation of this Agreement.
Limitation of Liability: Our aggregate liability to you for any and all claims arising out
of or in connection with the site or the site content is limited to one hundred dollars
($100.00). No GayData.org Affiliates or any other party involved in creating, producing,
or delivering the site shall be liable for any incidental, special, consequential or indirect
damages resulting from your access to, or use of, or inability to use the site and the site
content, whether based on warranty, contract, tort (including negligence) or any other
legal theory, and whether or not we know of the possibility of such damage. You
acknowledge accept and agree that without these limitations, we could not provide no
cost, free access to www.GayData.org. Because some jurisdictions do not allow the
exclusion or limitation of liability for consequential or incidental damages, the above
limitation or exclusion may not apply to you.
General Provisions: You are responsible for compliance with applicable local laws,
keeping in mind that access to the Site Content may not be legal by certain persons or
in certain countries. If any part of this Agreement is held to be unenforceable, the
unenforceable part shall be given effect to the greatest extent possible and the
remainder will remain in full force and effect. This Agreement is personal to you and you
may not transfer, assign or delegate this Agreement to anyone without the express
written permission of GayData.org. Any attempt by you to assign, transfer or delegate
this Agreement without the express written permission of GayData.org shall be null and
void. This Agreement will be governed by the law of Pennsylvania, U.S.A, without
regard to its conflicts of law provisions and venue and jurisdiction shall solely and
exclusively be in Philadelphia County. Any dispute you may have with respect to this
Site must be commenced within one year after it arises or the cause of action is barred.
The paragraph headings in this Agreement, shown in boldface type, are included to help
make the agreement easier to read and have no binding effect. The Agreement
comprises the entire agreement between you and GayData.org, Dr. Randall Sell, Drexel
University School of Public Health and the Program for LGBT Health, with respect to the
use of the Site and supersedes all prior agreements between the parties regarding the
subject matter contained herein. We suggest that you print out a copy of this Agreement
for your records.
How to Properly Attribute GayData.org
In Online Media
1. Place a prominent human and machine traceable link back to GayData.org's home page
(eg http://www.GayData.org or http://publichealth.drexel.edu/lgbthealth/) AND to each
data set or page used (e.g., the specific article such as 2003 Massachusetts Youth Risk
Behavior Survey Results).
2. State that the material is available under our Creative Commons license with a link to
http://creativecommons.org/licenses/by-nc-sa/3.0/.
3. Attribute prominently with human and machine traceable links (i.e., do not use no-follow
links). Attribution to GayData.org should be at least as prominent as any attribution to
other sources on your website or publication.
Ideal Website Attribution Example: “Article accessed via GayData.org, a knowledge
resource for researchers, students, and others seeking science-based information on
LGBT Health issues maintained by the Program for LGBT Health at Drexel University.
Please edit this article and find author credits at the original www.GayData.org article,
2003 Massachusetts Youth Risk Behavior Survey Results. Content on GayData.org can
be shared under a Creative Commons License.”
In Offline Media
Prominently state something to the effect of “Article reprinted from GayData.org, a knowledge
resource for researchers, students, advocates and others seeking science-based information on
LGBT Health issues. Please edit this article and find author credits at the original
www.GayData.org article, ‘2003 Massachusetts Youth Risk Behavior Survey Results.’ Content
on GayData.org can be shared under a Creative Commons License.”
Attribution to GayData.org should be no less prominent than any attribution to other sources on
your offline publication.