TERMS OF SERVICE

08/01/2020

USE OF THIS SERVICE DOES NOT CONSTITUTE MENTAL HEALTH CARE/TREATMENT OR LEGAL ADVICE, AND DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP, A THERAPIST-PATIENT RELATIONSHIP OR ANY OTHER SORT OF CONFIDENTIAL RELATIONSHIP. THIS SERVICE IS NOT A SUBSTITUTE FOR PROFESSIONAL HEALTH CARE OR LEGAL COUNSEL. IF YOU BELIEVE YOU ARE IN DANGER OR NEED EMERGENCY HELP CALL 911, YOUR DOCTOR, OR OTHER LOCAL AUTHORITIES.

I. CONSENT AND CHANGES TO TERMS

Using the Services after receiving those text messages will mean that you accept the Terms. 

This statement and these Terms of Service may be modified from time to time. Any changes will be effective immediately upon posting. Each time you access this service the current terms of service, conditions and privacy statement will be presented, for acceptance. You must agree to the modified terms to use this service.

II. SCOPE AND ACCEPTANCE OF TERMS

At Games and Online Harassment Hotline, our goal is to provide emotional support and referrals to existing resources.

Before using or accessing our website or the text messaging-based support services operated by Games and Online Harassment Hotline (the “Services”), please read the following. By accessing or using the Services you agree to these Terms of Service (“Terms of Service”) and our privacy policy (“Privacy Policy”; and together with the Terms of Service, “Terms”) described below.

These Terms govern your access and use of the Services, describe what information we collect through the Services, and explain how we use, transfer, and store your information after we collect it. These terms will inform you if and to whom we disclose any of that information, and what choices you have in how we use that information. We hope that knowing how and why we use data will help you make an informed choice about using the Services. If you don’t agree to these Terms, you may not use the Services.

You may contact Games and Online Harassment Hotline by email at hello@gameshotline.org with questions about these Terms. (Emails will be addressed by our customer service team. We do not provide counseling support via email.) You can find a list of other hotlines, and support resources at https://gameshotline.org/resources. If you no longer wish to receive messages from Games and Online Harassment Hotline, you may opt out at any time by texting the word STOP. You may opt back in by texting START to the Services again.

Games and Online Harassment Hotline and any of their employees, volunteers or agents are not responsible for any decisions, or results of the decisions that you make while, as a result of, or after utilizing our services. This includes whether you choose to seek, modify, or terminate professional care or legal action based on the information provided by this service. Please review these Terms of Service for information regarding User Responsibilities related to the use of Games and Online Harassment Hotline.

USER RESPONSIBILITIES

I. GAMES AND ONLINE HARASSMENT HOTLINE DOES NOT PROVIDE PROFESSIONAL SERVICES:
You assume all risk for use of this service. Games and Online Harassment Hotline and any of their employees, volunteers, or agents have no liability for actions taken or not taken by you or a third party, and you agree to indemnify us and hold us harmless for damages arising out of information provided through this service.

Our Services are intended to help through difficult experiences. Please remember that your use of and participation in our Services does not create or imply an attorney-client relationship, a doctor-patient relationship, a therapist-client relationship, a therapist-patient relationship, or any other sort of confidential relationship. Games and Online Harassment Hotline is not a substitute for legal counsel, professional health care, mental health treatment, psychiatric care, or therapy of any kind. If you believe you are experiencing a medical emergency, you should immediately call your doctor or 911. And, if you are experiencing a clinical or long-term issue, you should consult a medical professional. 

II.  GAMES AND ONLINE HARASSMENT HOTLINE MAKES NO PROMISES ABOUT THE EFFECTIVENESS OR QUALIFICATIONS OF THIRD PARTIES 
The Games and Online Harassment Hotline cannot and does not provide any warranties related to the information provided by or any actions resulting from interaction with any of professionals or services it offers referral to. Information accessed through the Games and Online Harassment Hotline is provided “AS IS” and without any warranty, either expressed or implied, including, but not limited to, any implied warranty of merchantability or fitness.

The Games and Online Harassment Hotline does not warrant the competence or current or proper licensing of any mental health care provider, other professional, or service offered by referral. Under no circumstances should the Games and Online Harassment Hotline be used to verify the credentials of mental health care or other professional service providers. Please contact your State Professional Licensing Board (or other relevant licensing board) to verify the licensure of a provider. Use of the Games and Online Harassment Hotline to locate, contact, or receive services from a mental health care, other professional provider or service is wholly voluntary and will not result in any liability against Games and Online Harassment Hotline.

III. YOU ARE SOLELY RESPONSIBLE FOR HOW YOU USE THE GAMES AND ONLINE HARASSMENT HOTLINE
You assume all risk for use of the Services. Neither Games and Online Harassment Hotline nor any of our employees, hotline agents, agents, service providers, or any other entities with whom Games and Online Harassment Hotline has contracted shall have any liability for or in connection with (1) actions taken or not taken by you or a third party, during, after, or as a result of your use of the Services, or (2) the unavailability of the Services.

You agree to indemnify us and hold us harmless for damages arising out of (A) your use of the Services, (B) your breach of these Terms, (C) your violation of the law, (D) claims asserted by third parties that you are in breach of these Terms or (E) information provided by you to Games and Online Harassment Hotline. Additionally, in no event shall Games and Online Harassment Hotline be liable for any special, incidental, consequential, exemplary, or indirect damages.

IV.  GAMES AND HARASSMENT HOTLINE DOES NOT PROMISE ANY SPECIFIC RESULT FROM USE OF ITS SERVICES AND IS PROVIDED AS IS
The Services are provided on an “as is” basis and “as available” basis. Games and Online Harassment Hotline and its service providers expressly disclaim all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Without limiting the above, Games and Online Harassment Hotline and its service providers make no warranty that Games and Online Harassment Hotline will (A) meet your requirements; (B) be uninterrupted, timely, secure, or error-free; or (C) meet your expectations. The foregoing disclaimers of liability apply to all damages or injury, including those caused by any failure of performance, error, omission, interruption, deletion, defect or delay in operation or transmission, whether for breach of contract, tortious behavior, including negligence, or any other cause of action.

PROHIBITED USES; RIGHT TO TERMINATE ACCESS

You agree to use our Services only for lawful and legitimate purposes and in accordance with these Terms. You agree not to use the Services:

in any way that violates any applicable federal, state, local, or international law or regulation;

for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;

to threaten, harass, or otherwise inappropriately abuse Games and Online Harassment Hotline, its employees, partners, agents, subcontractors, volunteers, or others;

to send, knowingly receive, upload, download, use, or re-use any content which does not comply with these Terms;

to “spam,” gather or attempt to gather personal information belonging to users or others for the purposes of spamming, marketing, selling to third parties, or otherwise abusing Games and Online Harassment Hotline, our Services, or our users;

to impersonate or attempt to impersonate another person or entity;

to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Games and Online Harassment Hotline or users of the Services, or expose them to liability;

to copy, adapt, decompile, reverse engineer, attempt to discover the source code of or make derivative works of the Services or any portion of the Services; or

to otherwise attempt to interfere with the proper working of Games and Online Harassment Hotline or the Services.

Additionally, to protect the privacy and safety of our staff and hotline agents, you agree to not communicate with our hotline agents outside of the Services. 

Games and Online Harassment Hotline reserves the right to terminate your access to the Services if you violate these Terms, including doing anything on the list above.

Games and Online Harassment Hotline may unilaterally terminate your access to the Services. We also may adjust your access if we determine that you’d be better served by a different kind of support.

Games and Online Harassment Hotline further reserves the right to terminate the Services or your access to them for any other reason, at our sole discretion.

Copyright

All content included in or Services, such as text, graphics, logos, buttons, icons, images, photographs, audio clips, digital downloads, data compilations, and software, is the property of Games and Online Harassment Hotline or its respective owner, and is protected by United States and international copyright laws.

Users of our Services may not copy, print, or distribute any of the content thereon, with the exception of resource articles provided on our Services. Such resource articles may be used only for informational, non-commercial purposes. Linking to our Services is permitted, as long as the link does not imply or suggest that Games and Online Harassment Hotline has endorsed or is affiliated with the linked site.

Any data, text, graphics, photographs and their selection and arrangement, and any other materials uploaded to the Services by you is “Your Content.” You represent and warrant that Your Content is original to you and that you exclusively own the rights to such content, including the right to grant all of the rights and licenses in these Terms without Games and Online Harassment Hotline incurring any third party obligations or liability arising out of its exercise of such rights and licenses. All of Your Content is your sole responsibility and Games and Online Harassment Hotline is not responsible for any material that you upload, post, or otherwise make available. By uploading, distributing, transmitting or otherwise using Your Content with our Services, you grant to us a perpetual, nonexclusive, transferable, royalty-free, sublicensable, and worldwide license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display Your Content in connection with operating and providing the Services. Games and Online Harassment Hotline does not guarantee the accuracy, quality, or integrity of any user content posted. By using our Services, you acknowledge and accept that you may be exposed to material you find offensive or objectionable. You agree that the Games and Online Harassment Hotline will not under any circumstances be liable for any user content, including, but not limited to, errors in any user content, or any loss or damage incurred by use of user content. The Games and Online Harassment Hotline reserves the right to remove and permanently delete Your Content from the Service with or without notice for any reason or no reason. You may notify the Games and Online Harassment Hotline of any user content that you believe violates these Terms, or other inappropriate user behavior, by emailing hello@gameshotline.org.

Privacy Policy

COLLECTION AND USE OF PERSONALLY IDENTIFIABLE INFORMATION

“Personally Identifiable Information” is data that can be used to uniquely identify you, like your full name or home address. During your use of Games and Online Harassment Hotline you may be asked (but never required) to voluntarily provide Personally Identifiable Information, including but not limited to your name or home address. We will only ask for this if we believe it would help us to better serve you.

While we may collect Personally Identifiable Information, we will not share it with any third parties except as noted in this Privacy Policy. We will never sell data but may collect anonymized data for use in studies or for other academic purposes

Games and Online Harassment Hotline uses the information it collects about you to, among other things, operate and improve the Services, contact and respond to you, fulfill your requests (including but not limited to referrals to other services) and as detailed more fully below. We may also use automated processes to help us determine how best to prioritize and/or address your situation.

WHAT PERSONALLY IDENTIFIABLE INFORMATION WE COLLECT

When you choose to message us to use our Services, we may automatically receive and collect (i) the phone number you text us from and (ii) your mobile service provider.

Other than that, the only Personally Identifiable Information that we collect from you through the Services is what you voluntarily provide to us. Some of the types of Personally Identifiable Information that we may request that you disclose to us may include your name, age, address, and zip code, particularly if necessary to help a person at imminent risk of death or serious bodily harm, or to make a mandatory report concerning suspected child abuse or neglect.

HOW WE USE YOUR PERSONALLY IDENTIFIABLE INFORMATION

We operate the Services in conjunction with volunteer and staff hotline agents (“hotline agents”). Any information, including Personally Identifiable Information, that you share with the Services may be viewed by Games and Online Harassment Hotline staff or hotline agents for quality control, to contact emergency services, or to better assist you with your issue. We may use and share the Personally Identifiable Information that we collect via the Services amongst our employees, hotline agents, agents, and service providers in order to help us operate, analyze, research, develop, deliver, audit, maintain, and improve our products, content, advertising, communications, and the Services. If you provide feedback (such as through an anonymous survey or audio recording), that feedback may also be shared with Games and Online Harassment Hotline Staff and hotline agents. 

DISCLOSURES TO THIRD PARTIES

If the content of your messages leads us to reasonably suspect that you are a victim of emotional/physical abuse or neglect and are 17 years old or younger or a vulnerable dependent adult, we may ask you for certain Personally Identifiable Information (such as your date of birth, name, and address) to help us file any required report with an appropriate state authority. You are of course not required to share this information with us.

Additionally, we may disclose Personally Identifiable Information we collect from you to third parties if we believe such disclosure is necessary: (A) to comply with the law or in response to a subpoena, court order, government request, or other legal process; (B) to protect the interests, rights, safety, or property of Games and Online Harassment Hotline, its affiliates, employees, agents, or volunteers, including but not limited to hotline agents and staff; (C) to enforce our Terms; (D) in connection with a sale, merger, or change of control of Games and Online Harassment Hotline or its affiliates, or (E) to address fraud, security, technical issues, or to operate the Services or its infrastructure systems properly.

Note that Games and Online Harassment Hotline’s staff and hotline agents are located across the United States, and may not be licensed in your state or trained in your state’s law. Other state laws may apply to your communications, and those state laws may not protect your communications to the same degree, or in the same way, as the laws of your state.

HOW WE PROTECT YOUR PERSONALLY IDENTIFIABLE INFORMATION

Games and Online Harassment Hotline cares about you and the security of your Personally Identifiable Information. We take reasonable security precautions, including encryption, administrative, technical, and physical measures, to protect your Personally Identifiable Information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Although we take appropriate measures to safeguard against unauthorized disclosures of information, we cannot assure you that your Personally Identifiable Information or communications with Games and Online Harassment Hotline will never be disclosed in a manner inconsistent with this policy, and make no representations or warranties regarding the sufficiency of our security measures to prevent unauthorized access or interception by third parties.

YOU SHOULD ALSO PROTECT YOURSELF

Always be careful and responsible regarding your Personally Identifiable Information. We are not responsible for, and cannot control, what others not affiliated with Games and Online Harassment Hotline do with information you provide to them. You may also choose to delete Games and Online Harassment Hotline conversations from your phone, clear us from your browser history, and not save our number in your contact list to help further protect the confidentiality of your communications with us.

CHILDREN UNDER 13 YEARS OLD

As a not-for-profit organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, Games and Online Harassment Hotline is exempt from compliance with the Children’s Online Privacy Protection Act of 1998. 

GOVERNING LAW; INTERNATIONAL USERS

These Terms and the provision of the Services are governed solely by, and shall be interpreted according to, the laws of the State of California without giving effect to California’s conflicts of law rules. If you are a federal, state, or local government entity in the United States using the Services in your official capacity, then the above choice of law and venue clause does not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of California (excluding choice of law).

Games and Online Harassment Hotline makes no claims that materials or services on our Sites are appropriate or may be downloaded for use in locations outside the United States. Access to the Sites from countries or territories where such access is illegal is prohibited. Furthermore, our databases are located in the United States. If you access this website from outside the United States, you do so at your own risk. By sending us your data, you consent to its transfer to and storage within the United States. Those who access our Sites from outside the United States do so on their own initiative and are responsible for compliance with local laws, rules and regulations.”

SEVERABILITY; ENTIRE AGREEMENT

If a court finds any provision of these Terms to be invalid or unenforceable, that provision shall be enforced to the maximum extent possible and the remaining Terms shall remain in full force and effect. These Terms constitute the entire agreement between you and Games and Online Harassment Hotline, superseding any other written or oral agreements or understandings.