Terms of Use

Welcome to www.beforeplay.org. Beforeplay is part of the public/private partnership between the Colorado Department of Public Health and Environment (CDPHE) and the Colorado Initiative to Reduce Unintended Pregnancy (CI).  www.beforeplay.org is operated by Good Works Group, LLC on behalf of the CI“GWG ,” “we,” or “us”). In exchange for access to www.beforeplay.org, users (“you”) must agree to enter into this contract, called the Terms of Use, with Good Works Group, LLC.

Please read these Terms of Use carefully, because this document is a legal contract, and by using www.beforeplay.org you agree to its terms.

1. Member Conduct

You agree and warrant that you will not use www.beforeplay.org to participate, act, provide, or do anything that is either illegal or inconsistent with these Terms of Use, or that we deem improper, including, but not limited to, piracy, copyright infringement, harassment of other users, or violent behavior. You agree to use www.beforeplay.org in accordance with all applicable laws. As a condition of your access to www.beforeplay.org you warrant that you will not use www.beforeplay.org for any purpose that is either unlawful or inconsistent with these Terms of Use. We may restrict, suspend, or terminate your access to www.beforeplay.org without notice to you if we believe that you have violated any law or these Terms of Use. You agree that you will only access www.beforeplay.org through the interfaces we provide. You agree not to ”hack” our site, reverse-engineer www.beforeplay.org take any action that could have the effect of damaging www.beforeplay.org or its security, or interfere with other users’ use of www.beforeplay.org, either on the web or through another device. www.beforeplay.org is not intended for users under 18. By entering www.beforeplay.org you affirm and warrant that you are 18 years old or older.

2. Registration

Whenever we ask you for personal information in a registration form or elsewhere on www.beforeplay.org, you agree to provide truthful, accurate, current, and complete information, and to update this information anytime it changes. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Beforeplay immediately of any breach of security or unauthorized use of your account. You agree to inform us of any information you provide that you do not wish to be made available to other users of www.beforeplay.org by entering your preferences through the “Edit Personal Profile” option on the “myAccount” menu. If you want us to keep any information private and are unable to indicate that preference through the “Edit Personal Profile” section, you can also e-mail us at info@www.www.beforeplay.org.

3. Our Intellectual Property

www.beforeplay.org is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries. Except as otherwise specified in these Terms, all individual articles, content and other elements comprising www.beforeplay.org are also copyrighted works. All copyright rights in www.beforeplay.org and these works are owned by Good Works Group, LLC or its third-party licensors to the full extent permitted under the United States Copyright Act and all international copyright laws, and are provided for your educational and non-commercial purposes only. You must abide by all additional copyright notices or restrictions contained on www.beforeplay.org. You agree to use www.beforeplay.org only for your own personal and non-commercial use. We do not grant you a license to use www.beforeplay.org for any other purpose. Except for content you have posted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of www.beforeplay.org without our express written permission. Without limiting the generality of the foregoing, you may not distribute any part of www.beforeplay.org over any network, including a local area network, nor sell or offer it for sale. To request express written permission to copy, reproduce, distribute, publish,  display, perform, modify, create derivative works, transmit, distribute or in any way exploit any part of www.beforeplay.org please contact us at info@www.www.beforeplay.org. All rights in the product names, company names, trade names, logos, product packaging, and designs of all www.beforeplay.org or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to The National Campaign to Prevent Teen and Unplanned Pregnancy or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on www.beforeplay.org confers on you any license or right under any patent or trademark of Good Works Group, LLC or any third party.

4. User Content and Communications

www.beforeplay.org contains features that allow users to post their own content and communicate with others. When you submit, post, or add content to www.beforeplay.org, or communicate with other users through www.beforeplay.org (collectively, “User Submissions”), you agree to accept sole responsibility for those User Submissions, including the information, statements, facts, and material contained in any form or medium (e.g., text, audio, video, and photographic) therein.

When you provide any User Submission to us, you grant us, our affiliates, and our partners, a worldwide, irrevocable, royalty-free, nonexclusive, sub-licensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute, and publish such User Submission, and subsequent versions thereof. You agree you will not attempt to enforce any so-called “moral rights” in your User Submission against us, our affiliates, and/or our partners. This license will apply to the distribution and the storage of your User Submission in any form, medium, or technology now known or later developed.

www.beforeplay.org is a community site accessed by users across the country, and we require all users to be good neighbors. By using the site, you agree that none of your User Submissions will:

  • infringe on the intellectual property, trade secret, privacy, or publicity rights of others;
  • contain false statements or misrepresentations that could damage www.beforeplay.org or any third party;
  • include obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually explicit, sexually oriented, profane, or embarrassing material, as determined by The National Campaign to Prevent Teen and Unplanned Pregnancy in its sole discretion;
  • be illegal or otherwise objectionable to The National Campaign to Prevent Teen and Unplanned Pregnancy; or
  • include commercial advertisements or solicitations.

Because www.beforeplay.org is a public service and websites are located in public places, we can’t guarantee that any User Submissions, even those that you don’t intentionally publish, will remain confidential.

Although you are solely responsible for the content you provide, we reserve the right to monitor User Submissions. If we become aware of User Submissions that violate these Terms of Service or that we believe to be otherwise objectionable, we may reject or delete them, or take other action, without notice to you and in our sole discretion.

If you notice that any other user’s submissions appear to violate these Terms of Service, or if any other user ever makes you feel harassed or unsafe, please contact us by e-mailing info@www.www.beforeplay.org.

You understand and agree that User Submissions are neither owned by nor provided by www.beforeplay.org and Good Works Group, LLC, and that GWG is in no way responsible for such User Submissions or any related conduct or practices.

5. Notice of Copyright Infringement

If you believe in good faith that your copyrighted work has been reproduced on or linked from our site without authorization in a way that constitutes copyright infringement, please provide the contact below with the following information:

(a) identification of the copyrighted work claimed to have been infringed; (b) identification of the allegedly infringing material on the Service that is requested to be removed; (c) your name, address and daytime telephone number, and an e-mail address if available, so that we may contact you if necessary; (d) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and (f) an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.We will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), and will terminate the Service privileges of those who repeatedly infringe on the copyright of others. United States law imposes substantial penalties for falsely submitting a notice of copyright infringement.

Ellen Marshall, Good Works Group, LLC, em@goodworksgroup.net; 1430 Front Street, Louisville, CO  80027, 720 564 0537.  This contact information is only for suspected copyright infringement. Contact information for other matters is provided elsewhere on this site.

6. Links

www.beforeplay.org may, as a convenience to users, provide links to third-party content and other websites, through links made available by www.beforeplay.org, our users, or third parties. We do not endorse, sponsor, endorse, or accept any responsibility for such material. Good Works Group, LLC is not responsible for the content or privacy practices of any linked sites.

7. Limitation of Liability

You understand that www.beforeplay.org is an online service, and you agree that we will not be responsible for any damages that you claim result, directly or indirectly, from use of the website, for any reason, including costs incurred while using www.beforeplay.org, the inaccessibility of www.beforeplay.org, or the costs associated with any claims you bring or try to bring against us.

Specifically, but without limitation, you agree not to hold Good Works Group, LLC liable for damages you claim are caused by third parties who contact you using www.beforeplay.org or become aware of your identity through the use of www.beforeplay.org, and you understand that, while such behavior is a violation of these Terms of Use, we need not attempt to control or identify individuals who falsify their identities or provide false information to others through the use of www.beforeplay.org.

In no event will Good Works Group, LLC or its affiliates, or any party involved in creating, producing, or delivering the site be liable for any direct, incidental, consequential, indirect, special, or punitive damages arising out of your access, use, misuse, or inability to use the site or any linked sites, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line or system failure. In the event that you have a dispute with another user related to, arising from, or in any way connected with use of the site, you release the Good Works Group, LLC from any claims, demands, and damages of every kind and nature arising out of or in any way connected with such a dispute.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, our liability in such jurisdictions shall be limited to the extent permitted by law.

8. Indemnity

You agree to indemnify Good Works Group and our officers against, and hold the parties harmless from liability, losses, costs, and expenses (including attorney’s fees) incurred as a result of your use of www.beforeplay.org or claims made in connection with such use.

For example, and without limitation, if you use www.beforeplay.org to do something illegal, you agree not to sue us if another party takes action against you for it, and if you do sue us you would have to pay our costs and attorney’s fees in defending that action. Also, if any other party takes action against you or if your property is damaged in connection with your legal use of www.beforeplay.org, even if that use is permitted by these Terms of Use, you agree not to sue us. If you try to sue us even though you have agreed not to do so, you would be responsible for our costs and legal fees in connection with our defense of that suit.

9. Disclaimer of Warranties

This site is provided “as is.” Good Works Group makes no representation or warranty of any kind whatsoever relating to the site, linked sites, user submissions, or other content that may be accessible directly or indirectly through the site. Good Works Group disclaims to the maximum extent permitted by law any and all such representations and warranties.

Without limiting the generality of the foregoing, Good Works Group. LLC (GWG) disclaims to the maximum extent permitted by law any and all (a) warranties of merchantability or fitness for a particular purpose, (b) warranties against infringement of any third-party intellectual property or proprietary rights, (c) warranties relating to the transmission or delivery of the site, (d) warranties relating to the accuracy, reliability, correctness, or completeness of data made available on the site or otherwise GWG, and (e) warranties otherwise relating to performance, nonperformance, or other acts or omissions by GWG or any third party. Further, there is no warranty that the site will meet your needs or requirements or the needs or requirements of any other person.

GWG makes no warranties or representations, express or implied, (a) that the information provided through the site will be free from error, omission, interruption, defect, or delay in operation, or from technical inaccuracies or typographical errors; (b) that the site will be available at any particular time or location; (c) that defects or errors in the site will be corrected; or (d) that the content on the site is free of viruses or other harmful components. Any information on this site is subject to change without notice, and GWG disclaims all responsibility for these changes.

10. Termination

This agreement may be terminated by Good Works Group, LLC for any reason at any time. Otherwise applicable sections of this agreement shall survive such termination.

11. Governing Law / Entire Agreement

You agree that any dispute between you and The Good Works Group, LLC (GWG)  will be governed by the law of the State of Colorado, and that any legal action brought by one party against the other will be brought in the courts of Colorado. Unless otherwise specified herein, these Terms constitute the entire agreement between you and GWG and governs your use of www.beforeplay.org, superseding any prior or contemporaneous communications and proposals in any form between you and GWG. If any part of this Terms of Use agreement is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall remain in effect.

12. Privacy Policy

A separate web page, the Privacy Policy, explains our handling of personal information we maintain about you while you use www.beforeplay.org. By using www.beforeplay.org, you indicate that you understand and agree to the information collection, use, and disclosure practices described in our Privacy Policy, so you should review it before using the site. If you have questions about our privacy practices, you can always contact us at info@www.www.beforeplay.org.

13. Changes to Terms and Conditions

From time to time we may make modifications to this agreement. We may make these changes at any time, and your continued use of www.beforeplay.org constitutes your acknowledgment that you agree to this new agreement. Please periodically review the Terms of Use by clicking the “Terms of Use” button at the bottom of every www.beforeplay.org web page because this agreement is binding on you.

14. Additional Agreements

From time to time, we might also offer certain services that require an additional agreement. When this is required, we will provide the additional agreement to you when you try to access such a service. By accepting these Terms of Use, you agree to read and understand any additional agreement before accessing the service that it covers, because using that service indicates your acceptance of these Terms of Use and any additional agreement.

15. No Professional Advice

Any information supplied by any employee or agent of Good Works Group, LLC, whether by telephone, e-mail, letter, facsimile, or other form of communication, is intended solely as general guidance on the use of www.beforeplay.org and does not constitute legal, tax, medical, accounting, or other professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.

16. No Waiver

You agree that our failure to enforce any provisions of these Terms of Use or respond to a breach by you or other parties does not in any way waive our right to enforce subsequently any terms or conditions of the Terms of Use or to act with respect to similar breaches.

17. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Good Works Group, LLC as a result of these Terms of Use or your access to and use of www.beforeplay.org. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.