TERMS & CONDITIONS
ImpactOASIS.com has launched a new social community that offers a
powerful platform for families and friends touched by autism and
interested in planning for the future to connect and communicate.
ImpactOASIS.com is an interactive, content rich blog and video
centric online community and personal exchange developed
exclusively for these families and friends.
ImpactOASIS.com is for anyone and everyone who has had autism as a
part of their lives and wants to share in a vision for the future
of these children that includes promoting the inclusion and
acceptance of autistic individuals into their local communities by
establishing environmentally exemplary farm centers that provide
meaningful work, peaceful and healthy residences and community
interaction. Families and friends of loved ones with autism who
share our vision and recognize that we must plan for the future of
these individuals can start groups and forums to discuss triumphs
and tribulations, share life experiences and strategies, find
support, learn about new treatments, exchange ideas, learn, share,
support and provide solutions.
These terms of service cover your use of the Impact OASIS service
for creating and enjoying social communities on the Impact OASIS
By joining Impact OASIS, creating, or using your profile built on
are agreeing to the following terms of service (“Terms of Service”
Description & Definitions
Impact OASIS offers a platform for creating your own user profile
and provides access to the Impact OASIS community (“Community”).
The following is designed to provide you with our rules, terms of
use. We have a separate Community Guidelines document that focuses
more of community rules. We encourage you to read that document as
Social Communities or Communities
Social Communities are forums, groups or blog postings and are
created by members or by us and provided, through the use of the
Impact OASIS platform, for members to connect with other members
online. Social Communities include features such as member
profiles, friends, comments, recommendations, forums, photo
sharing, video sharing, reviews, ratings, people matching, and
events, among others.
Users | Members
Users and members are people or businesses who register on Impact
OASIS to create, find, visit, use, and contribute to one or more
community, which can include posting or responding to content.
Content means any work of authorship (other than the code and the
user interface of a social community), including member profiles,
comments, recommendations, forums, photos, videos, sounds, images,
text, files, listings, postings, messages, or other materials
posted on or transmitted through the Impact OASIS platform or
through any community. Members upload content to social
communities. Social communities, in turn, control content. If the
community creator or member designates the community as private,
any content submitted to that community will be deemed to be
private content. Private content is licensed for use only within
the community into which it is posted. Public content is available
in the community in which it is posted.
Tags are descriptions (words or phrases) you can assign to content.
You can assign as many Tags to content as you wish. You can also
add, edit, and delete tags that you've assigned.
Ownership of Content
Impact OASIS does not claim any ownership rights in the content
members provide. You, as a community member, own the content you
create and upload (“your content”). After posting your content, you
continue to retain all ownership rights in such content, and you
continue to have the right to use your content in any way you
choose, provided, the content does not violate any of the covenants
of the Impact OASIS Community Guidelines.
We also want to encourage sharing of content between members and
communities across the Impact OASIS network. To this end, by
uploading content to a forum, group, blog or comment in which the
content is designated as public content, you grant Impact OASIS and
all other members a nonexclusive license to reproduce, create
derivative works of, distribute, publicly perform, and publicly
display such content on the condition that the content is
attributed in a manner specified by its author, if at all (a
“Public Content License”). If you upload content that is designated
private content, you grant to Impact OASIS and all Impact OASIS
members a nonexclusive license to reproduce, distribute, publicly
perform, and publicly display such content on that community
(including any RSS feeds and other distribution that is part of
such community) (a “Private Content License”).
By using Impact OASIS, you agree to provide Impact OASIS a
non-exclusive license to reproduce, distribute, publicly perform
and display such content online or offline to generally promote
Impact OASIS in advertising or other forums.
Unless you expressly state alternative applicable license terms in
connection with your content submission, the Public Content License
will apply by default to public content and the Private Content
License will apply by default to private content.
We should also mention that you are responsible for making sure
that you have all rights in the content you post that are necessary
for you to grant everyone either the Public Content License or the
Private Content License. (We'll cover this in more detail
Lastly, if a forum, group, any rich media or blog post is deleted,
the content associated with that member may also be deleted at the
discretion of the Community Manager. We would encourage you to be
sure you are comfortable with this possibility before publishing
content on Impact OASIS.
License from Impact OASIS
Impact OASIS grants to you, our member, a Creative Commons
Attribution License to the content made available by Impact OASIS
for which Impact OASIS owns the copyrights. In the event of a
conflict between the Creative Commons Attribution License and these
Terms, these Terms will control. Impact OASIS does not grant you
any rights to another member’s content.
License to use the Impact OASIS Platform
During the term of these Terms, Impact OASIS grants you a limited,
revocable license to use the software underlying and enabling the
Impact OASIS Platform as required for your use of the social
communities built on top of it, subject to the terms and conditions
of these Terms.
These Terms of Service includes a number of licenses that are
necessary for Impact OASIS to make your community and your content
available through the Impact OASIS Platform. For example, without
the right to modify content, Impact OASIS would not be able to
format content to meet technical requirements, and without the
right to publicly perform or publicly display content, Impact OASIS
could not make the content available for other members to view.
You agree to comply with the license and restrictions applicable to
each item of content you post, copy, access or use.
You agree that all the intellectual property in the Impact OASIS
Platform is owned by Impact OASIS or the applicable members(s).
Except as expressly permitted under these Terms, you agree not
1. Modify, distribute, or create derivative works based on the
Impact OASIS Platform.
2. Run, rent, lease, loan, or sell access to the Impact OASIS
3. Decompile, reverse engineer, or copy the Impact OASIS Platform
or any community for which the source code is not provided to you;
4. Reproduce or distribute any private content outside the
Impact OASIS, the Impact OASIS platform, community, network and
other related graphics, our logo and sub-logos, or trademarks, used
on the Impact OASIS Platform are the trademarks of ImpactOASIS.COM,
and may not be used without permission. Other trademarks, Impact
OASIS Platform marks, that may appear on ImpactOASIS.COM are the
property of their respective owners.
Accounts, Passwords, and Security
You must be a registered member to create or upload content and use
any forum, group, upload rich media or write blog posts on the
Impact OASIS Platform. Impact OASIS and its community Manager, in
turn, determine whether members need to be registered with Impact
OASIS to contribute content in that community. As a member, you are
responsible for keeping your password secure. Names of members and
Impact OASIS IDs are non-transferable. You will be solely
responsible and liable for any activity that occurs under your
Impact OASIS user ID or screen name.
Content and Interaction
You agree to comply with the license and restrictions applicable to
each item of content you post, copy, access, or use.
Content by other members or advertisers is made available to you
through social communities and the Impact OASIS Platform. Because
Impact OASIS does not necessarily control such content, you agree
that Impact OASIS is not responsible for any such content,
including advertising and information about third party products or
Your interactions with other members on the Impact OASIS Platform,
including payment and delivery of goods or services, and any other
terms, conditions, warranties or representations associated with
such dealings, are solely between you and the member. Like with any
web-based interaction, we suggest that you use caution and good
judgment. You agree that Impact OASIS is not responsible for any
loss or damage incurred as the result of any such dealings or with
respect to any other member’s use or disclosure of your Personal
between you and any third party (including any member), Impact
OASIS is under no obligation to become involved. You release Impact
OASIS, its officers, employees, shareholders, agents and successors
from claims, demands and damages of every kind or nature arising
out of or related to: (i) any disputes with other members, and/or
(ii) the Impact OASIS Platform.
If you are a California resident, you waive California Civil Code
Section 1542, which says: “A general release does not extend to
claims which the creditor does not know or suspect to exist in his
favor at the time of executing the release, which, if known by him
must have materially affected his settlement with the debtor.”
ImpactOASIS.com provides a place to make online donations and
merchandise sales. If you choose to sign up for a premium service,
you agree to pay the applicable fees and abide by any additional
requirements or rules associated with donations and merchandise
Support and Performance
ImpactOASIS.com provides documentation to assist members in
creating and enhancing their community(s). As a user, you are
responsible for implementing and maintaining your profile and your
To enable a great experience for all members on the ImpactOASIS.com
Platform, you, as a member, must ensure your community(ies) and
content don't unduly degrade the performance of the ImpactOASIS.com
Platform. If your community(ies) exceed the quotas and limitations
set by ImpactOASIS.com (e.g., storage or bandwidth) or otherwise
degrade performance of the ImpactOASIS.com Platform or other
services in any way, we may suspend your community(ies) at our sole
Acceptable Use and Conduct
ImpactOASIS.com approves all content (pics and video as well as
groups) prior to its inclusion to the site. Members are solely
responsible for your conduct, communities, and content on the
At the risk of being repetitive, you are solely responsible for
your conduct, and content on MY Impact OASIS.
You also agree not to post or make available any content for which
you don't have sufficient rights to grant the licenses above. Among
other things, this means that you may not include Content from
third parties that is subject to license terms that are
incompatible with the licenses you grant under these Terms, such as
You also agree not to post, email, or otherwise make available any
• Is unlawful, harmful, or threatening to Impact OASIS or its
members or is abusive, harassing, defamatory, libelous, invasive of
another's privacy, or harms minors in any way.
• Harasses, degrades, intimidates or is hateful toward an
individual or group of individuals.
• Impersonates a Impact OASIS employee or member or falsely states
or otherwise misrepresents your affiliation with a person or
• Includes personal or identifying information about another person
without that person's explicit consent.
• Is false, deceptive, misleading, deceitful, or constitutes “bait
• Infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or content that you do not have a
right to make available under any law or under contractual or
• Creates, sends, or enables anything that constitutes or contains
“chain letters,” “pyramid schemes,” or any advertisement that you
are prohibited by law from sending.
• Constitutes or contains any form of advertising or solicitation
if (1) posted in content; or (2) emailed to members who have
requested not to be contacted about other services, products or
• Advertises any illegal services or the sale of any items the sale
of which is prohibited or restricted by applicable law, including
without limitation items the sale of which is prohibited or
regulated by applicable law.
• Contains software viruses or any other computer code, files or
programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications
• Disrupts the normal flow of dialogue with an excessive number of
messages (flooding attack) to the Impact OASIS Platform, or that
otherwise negatively affects other members’ ability to use the
Impact OASIS Platform.
• Employs misleading email or IP addresses, or forged headers or
otherwise manipulated identifiers in order to disguise the origin
of content transmitted through the Impact OASIS Platform.
Additionally, you agree not to:
• “Stalk” or otherwise harass members
• Collect Personal Data about other members for commercial or
• Use automated means, including spiders, robots, crawlers, data
tools, or the like to download data from social communities and the
Impact OASIS Platform - except for Internet search engines (e.g.
Google) and non-commercial public archives (e.g. archive.org) that
comply with our robots.txt file, or “well-behaved” web
services/RSS/Atom clients. We reserve the right to define what we
mean by “well-behaved”
• Post non-local or otherwise irrelevant content, repeatedly post
the same or similar content or otherwise impose an unreasonable or
disproportionately large load on Impact OASIS 's infrastructure
• Attempt to gain unauthorized access to Impact OASIS 's computer
systems or engage in any activity that disrupts, diminishes the
quality of, interferes with the performance of, or impairs the
functionality of, the Impact OASIS Platform
• Develop, invoke, or utilize any code to disrupt, diminish the
quality of, interfere with the performance of, or impair the
functionality of the Impact OASIS Platform or any community
Privacy and Spam
You agree to comply with all applicable laws with respect to
1. Any collection, use, or disclosure of Personal Data, and
2. Email communications, including without limitation CAN-SPAM,
applicable state laws, and applicable laws in non-U.S.
You agree to comply with all relevant aspects of the Impact OASIS
not to use any Personal Data disclosed to you by Impact OASIS for
any purpose other than using the Impact OASIS Platform or a
You agree not to harvest any email addresses from communities or
the Impact OASIS Platform for the purpose of sending email in
violation of applicable law. You agree not to knowingly collect any
information from, or develop any communities that are targeted at,
children under the age of 13.
Impact OASIS may establish general polices and limits concerning
member’s use of Impact OASIS, including (and without limitation)
the maximum number of days that uploaded content will be retained,
the maximum number of and size of content files and objects
(including email messages), the maximum disk space allotted to
members, the maximum number of times and duration for which you may
access Impact OASIS in a given period of time, the maximum
bandwidth used by your content. Impact OASIS reserves the right to
ban or deactivate member accounts that are inactive for an extended
period of time.
You, as a member, agree to promptly address any copyright owner's
written notice (including any notices forwarded to you by Impact
OASIS) that specified content provided by member of a community
that you control infringes that third party's copyrights, provided
that the notice substantially complies with the requirements in the
Impact OASIS DMCA. If you do not promptly remove the content
specified in the notice, MY BORGESE BEAUTY may remove the content
without any liability to you or to the member that posted such
content. Impact OASIS maintains and enforces a policy of
terminating the accounts of members who are repeat copyright
Term of Service
These Terms of Service commence upon your acceptance of these Terms
and continues until terminated. These Terms will automatically
terminate if Impact OASIS decides, in its sole discretion, to
discontinue the Impact OASIS Platform.
Deactivating Your Account
You may deactivate your Impact OASIS account at any time, for any
reason, by following the instructions on Impact OASIS.
Impact OASIS has the right (at its sole discretion) to delete or
deactivate your account, block your email or IP address, or
otherwise terminate your access to or use of the Impact OASIS
Platform or any community, or remove and discard any content within
any community, without notice and for any reason.
Effects of Deactivating an Account
Upon deactivating your account, these Terms terminate and your
access rights to the Impact OASIS Platform will immediately cease
to exist. For content you wish to delete from the Impact OASIS
Platform, you can delete it by going to each of the forums, group
or blog posts to which you've contributed. Impact OASIS is not
responsible for deleting content on your behalf. Note that, even if
content is deleted from Impact OASIS’s active servers, it may
remain in archives. Impact OASIS will have no obligation to refund
any fees paid for premium services.
The provisions under the following headings will survive
termination of these Terms for any reason: License from You (under
heading “Licenses to Content”), Content and Interaction, Acceptable
Use and Conduct, Privacy and Spam, Disclaimer of Warranties,
Indemnity, and Limitation of Liability.
Changes to Impact OASIS and the Impact OASIS Platform
Impact OASIS reserves the right at any time (and from time to time)
to modify, suspend, or discontinue providing the Impact OASIS
Platform or any part thereof with or without notice. Impact OASIS
will not be liable to you or to any third party for any
modification, suspension or discontinuance of the Impact OASIS
Disclaimer of Warranties
YOUR USE OF IMPACT OASIS, AND ALL ITS LICENSED AND DEVELOPED CODE
AND ALLL CONTENT, ARE AT YOUR SOLE RESPONSIBILITY AND RISK. THE
IMPACT OASIS PLATFORM AND ALL CODE AND CONTENT ARE PROVIDED ON AN
“AS IS” AND “AS AVAILABLE” BASIS. IMPACT OASIS AND EACH USER
EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SYSTEM INTEGRATION,
QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. NEITHER IMPACT OASIS
NOR ANY USER MAKES ANY WARRANTY THAT THE IMPACT OASIS PLATFORM, OR
AND CODE OR CONTENT WILL MEET YOUR REQUIREMENTS OR BE
UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
You agree to indemnify, defend, and hold harmless Impact OASIS, and
its subsidiaries, affiliates, officers, agents, platform licensor
and hosting provider, co-branders or other partners, and employees
and shareholders from and against any claim, demand, loss, damage,
cost, or liability (including reasonable attorneys' fees) arising
out of or relating to:
1. Any content you submit, post, transmit, or make available
through the Impact OASIS Platform;
2. Your use or misuse of the Impact OASIS Platform or code;
3. Your connection to the Impact OASIS Platform;
4. Your violation of these Terms; or
5. Your violation of any rights (including intellectual property
rights) of a third party.
Limitation of Liability
YOU AGREE THAT IMPACT OASIS SHALL NOT BE LIABLE TO YOU FOR (A) ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF IMPACT
OASIS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM (i) THE USE OR THE INABILITY TO USE THE IMPACT OASIS
PLATFORM OR ANY CODE OR CONTENT, (ii) UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR TRANSMISSION OF DATA; AND (iii) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY (INCLUDING ANOTHER USER) IN THE IMPACT
OASIS PLATFORM OR ANY CODE OR CONTENT; OR (B) FOR ANY DAMAGES
ARISING FROM OR RELATED TO THESE TERMS IN EXCESS OF THE GREATER OF
(i) $100 AND (ii) THE TOTAL AMOUNTS PAID TO IMPACT OASIS BY YOU IN
THE THREE MONTHS IMMEDIATELY PRECEDING THE INITIAL NOTICE OF ANY
Updates to Terms of Service
These Terms may be updated or changed by Impact OASIS from time to
time upon Impact OASIS's posting of the amended Terms on this page.
If you do not agree to changes to the Terms, you must notify Impact
OASIS to terminate your account.
In addition to these Terms, you will comply with all policies
applicable to Impact OASIS and the Impact OASIS Platform, which
policies are (i) either posted in the Impact OASIS Platform or
provided to you and (ii) incorporated by reference into these
The failure of Impact OASIS to exercise or enforce any right or
provision of these Terms does not constitute a waiver of such right
or provision. If any provision of these Terms is found by a court
of competent jurisdiction to be invalid, the parties nevertheless
agree that the court should try to give effect to the parties'
intentions as reflected in the provision, and the other provisions
of these Terms of Service remain in full force and effect. Your
Impact OASIS account is non-transferable. You may not delegate your
duties under these Terms or assign these Terms, in whole or in
Any unauthorized use of any Impact OASIS computer system is a
violation of these Terms and certain federal and state laws,
including without limitation the Computer Fraud and Abuse Act (18
U.S.C. S 1030 et seq.), Section 502 of the California Penal Code
and Section 17538.45 of the California Business and Professions
Code. Such violations may subject the unauthorized user and his or
her agents to civil and criminal penalties.
The other members of the Impact OASIS Platform are intended third
party beneficiaries of your obligations under these Terms.
Impact OASIS may assign these Terms to any successor or purchaser
of Impact OASIS or all or substantially all of its assets.
Any dispute between the parties arising out of these Terms shall be
settled by arbitration utilizing the dispute resolution procedures
of the American Arbitration Association (AAA) in San Jose, CA. You
hereby waive any right to a jury trial of any such dispute.
These Terms shall be governed by the laws of the State of
California without giving effect to any conflict of laws principles
that may provide the application of the law of another
the Impact OASIS Policies, when combined with the Impact OASIS
Community Guidelines, constitutes the entire agreement between you
and Impact OASIS and governs your use of the Impact OASIS Platform,
superseding any prior agreements (whether written or oral) between
you and Impact OASIS regarding the subject matter hereof.
Contacting Impact OASIS
any of the aforementioned statements may contact Impact OASIS via