Callisto is built for survivors, by survivors. We understand that sharing any information about unwanted sexual contact or sexual assault is difficult and can create risks for survivors. We weave privacy and information security into every design decision of our platform.
- You Visit Your School’s Callisto Campus Website
- You Create or Access Your Account
- You Add A Matching Entry
- You Are Matched with Another Survivor
- Your Historical Data
- You Have Been Named As A Perpetrator by A User of Callisto
- You Contact Us Directly
How Long We Keep Your Information
Who Has Access to Your Information
How We Keep Your Information Safe
Updates to This Policy and How to Contact Us
1. What Information We Collect and Store
The type of information we collect and store depends on your activity on the platform. The description below details the information we collect at various stages of use of our platform. For additional information on who has access to your information and how we protect it, you can refer to the “Who Has Access to Your Information” and “How We Keep Your Information Safe” sections below.
You Visit Your School’s Callisto Campus Website
When you visit your school’s Callisto Campus website, we might collect and store the following information:
- Your IP address (automatically assigned to the computer that you are using by your school or your internet service provider)
- Information from your device and browser (e.g. device type, operating system, screen resolution, language, web browser type and version, and language setting of your browser)
- The last website you visited before clicking to our website
- The parts of Callisto you visit (URL of the specific website pages), features you use, including whether you have created an account with Callisto, whether you have entered into Matching, and whether you download a record form
- The exact time when you visited each of our website pages or took actions within the page
- Other information about your activity on our website (e.g. whether you download a record form)
Collectively, the data above is called Visitor Data. We use Google Analytics to help us collect and track this information. Google Analytics uses a “cookie” to track your activity and send us the information listed above. We collect and store this information even if the "Do Not Track" function of your browser is turned on. If you create an account with Callisto, or log into an existing account, some or all of your Visitor Data will then be tied to your internal unique account ID. This information is stored in a Google Analytics hosted database, as well as in databases managed by Callisto and hosted by third party hosting service providers (see “Who Has Access to Your Information”).
You Create or Access Your Account
To create a new account, the login credentials that you provide to us are:
- Username (required)
- A password to protect access to your account (required)
- Password reset email (optional)
Callisto also creates an internal unique account ID that is tied to your account data (i.e. your username, password, and password reset email) and all your activity on Callisto. This information is stored encrypted in a Callisto managed database.
For more details, see the "How We Keep Your Information Safe" section below.
You Add A Matching Entry
See here for information on how the matching feature works. To use the Matching feature, you must provide the following identifying information:
- Your school email address
- Your preferred name (optional)
- Your preferred phone number
- Your preferred contact email
- The name of the perpetrator at your school you are designating (optional)
- At least one unique identifier of the perpetrator you are designating, such as social media account information or their email address
All the above entry information is stored encrypted in a Callisto managed database (see however the “You are Matched with Another Survivor” section below).
You Are Matched with Another Survivor
A Match means that more than one person at your school entered the same perpetrator’s unique identifiers (e.g. Facebook URL, email address, phone number) into Callisto. If we find a Match, that does not guarantee that a perpetrator is a repeat offender, only that two or more people have identified the same perpetrator in Callisto.
If a Match is detected, you will receive a Match notification email at the email address you provided on the “You” page. If there is a Match, your school email, your contact information, and information about your perpetrator will be sent to the school, along with the same information about the person you matched with. After receiving this information, your school might investigate what happened and your school might share this information with college staff or an investigator. If you are under 18, your school might have to inform the police as well. After the report is sent to your school, any decrypted version of the matching information is deleted from our systems (and the encrypted version remains stored).
To enter Matching, you agree to send the information in the submitted entry to your school if a Match is detected. At any time before you have Matched with another user from your school, you can access your entry to remove it from our platform and withdraw from the repeat perpetrator detection system. See also “Who Has Access to Your Information”.
Your Historical Data
If You Created A Record Prior to July 2019
If you created a record prior to July 2019, the following data are stored in our database:
- Your actions on the record form, including your progression through the questions, the date and time the record was created or edited, and when you returned to your dashboard
- The encrypted version of the information you entered on each page
Only you can decrypt the content of your record, except for the Evaluation Data (data extracted and anonymized for purposes of analytics and sharing with schools). Your passphrase that you created is the key to decrypt your record. You must be able to retrieve your passphrase to access or download the content of your record. Callisto employees do not have access to the passphrase and no capability to decrypt your record (except for the Evaluation Data). Your internal unique account ID is linked to the Evaluation Data extracted from your record.
For evaluation purposes, Callisto extracted and stores certain metadata from records created before July 2019. It is possible to tie this metadata to your internal unique account ID.
We share aggregate, analyzed versions of this Evaluation Data collected prior to July 2019 upon school request, and/or as part of data reports we send to schools. This includes aggregate anonymous data on circumstances of assaults on campus such as time of the school year, gender of victims and perpetrators, and alcohol consumption. We never share your individual or raw evaluation data with your school.
Deleting An Existing Record
You may delete an existing record at any time. While the record can be deleted, all Evaluation Data related to records entered prior to July 2019 cannot be removed.
You Have Been Named As A Perpetrator by A User of Callisto
We may store on our platform an encrypted version of:
- The perpetrator name, if provided by users who created an entry
- Other unique identifiers of perpetrators submitted by our users such as telephone number, email address, or social media account information
All designated perpetrator information submitted by users is encrypted. If two or more of our users from the same school have designated the same perpetrator, the perpetrator information will be sent to their school. For more information, see the "Who Has Access to Your Information" section below.
You Contact Us Directly
You may contact our support team via email to report a problem or concern. When you do, we collect and store your email address and the content of your message, as well as the content of any response we provide.
Because email communications are not always secure, and because we tie your messages to your email address, please do not include sensitive information in your messages to us.
2. Why We Collect and Store Your Information
To Provide Our Services to You
Our platform aims to build safe school communities and stop serial perpetrators from committing further acts of sexual assault. We use all user information collected to operate our website and platform and to provide our services.
We collect data (for example, the data about your computer device) to ensure that our website functions properly and is optimized for your computer or device. We also use these data to facilitate the service’s technical functioning, including security, troubleshooting, and resolving issues. We use your activity data, together with data about the activities of other users, to determine how and if we should make changes to features and content of our platform.
We use your optional password reset email address to help you reset your password. We link that email address to data about your activity on Callisto Campus to better understand your experience and help us improve our services.
We use your Matching entry information to detect repeat offenders. We use your school email address to ensure that detecting a Match through your school’s Callisto Campus is limited to those users with your school’s email addresses only.
The purpose of Evaluation Data is for Callisto to compile and analyze aggregate data to help your school and other partners understand and improve school safety. We also use it to inform ourselves and our supporters about our impact, and to inform the broader field of people working to combat sexual assault and support survivors.
To Measure Our Effectiveness and Impact
We analyze usage trends to understand how our users are using our website and platform, and which features or content appear to be more useful and have the most impact. This helps us in our decisions to develop new products, features and services, and to create a better website, platform, and set of services.
To Comply with Legal Requirements
Additionally, we store usage data for audits, and to verify that our internal processes function as intended and are compliant with legal, regulatory, or contractual requirements.
3. How Long We Keep Your Information
Callisto Campus is a repeat perpetrator detection system. It works by enabling survivors to designate their perpetrators to detect a Match between two or more survivors at the same school. These Matches happen over time, and it is therefore important that our users’ entries are maintained and stored over time to enable the Matching feature. We retain your data for as long as we operate the Callisto Campus platform (and in accordance with applicable law), including to continue to detect serial perpetrators, assist with legal obligations, resolve disputes, and enforce our agreements.
At any time before you have Matched with another user from your school, you can access your entry to remove it from our platform and withdraw from the repeat perpetrator detection system. You may also delete an existing record at any time. While the record can be deleted, all Evaluation Data related to records entered prior to July 2019 cannot be removed.
We are discontinuing Callisto Campus and launching a new product. This instance of Callisto Campus will be discontinued on or shortly after June 30, 2020. Your account data will be deleted from our servers and you will no longer have access to it after that date. If you created a record before June 14, 2019, please log in and download a PDF version of your record so you can have a copy for your records, if desired.
4. Who Has Access to Your Information
Callisto employees only have access to limited information about you as detailed below. Not all employees have access to this information. Only a very limited number of authorized employees have access to user data.
- Your non-identifying visitor ID and account ID, linked to all of your activities on Callisto, including the fact that you have entered into Matching and whether there has been a Match with another user who has identified the same perpetrator
- Any information you provide when you email Callisto’s support team will be visible to staff members of that team
If a Match is found, your school will have the ability to decrypt and access the information you provided when you entered into Matching. Your school will receive: your name, your school email, your contact information, the perpetrator’s name, and the perpetrator’s unique identifiers (e.g. phone number), and other information that you submitted in the Matching feature. Your school will receive the same information about the person you Matched with at the same time.
Your school also receives aggregate data to help them understand and address sexual assault on your campus. This aggregate data may include information about the usage of the Callisto Campus site and the features and functionalities available through the site.
Other Partners and The Public
Callisto partners with other entities, including our Board, our funders, advocacy organizations, policy makers, and stakeholders. We may share aggregate platform usage information with these partners, or the general public, but never in any way that would identify or enable the identification of any particular user or perpetrator.
Our Service Providers
Like all other technology and web platforms, we can not do it all alone. We work with vendors and service providers to help us run our website and platform. We share non-identifying data about our users with these service providers.
- We use cloud-based data hosting providers to host the user data we collect and store as well as to securely store encryption key information.
- We use vendors to help with our website infrastructure and network protection from third-party attacks.
- We use a customer relationship management software to keep track of potential partners interested in implementing Callisto in their community.
- We use customer support software to help us receive and answer your messages asking for help with our products or services.
- We use Google Analytics as our analytic service to help us gauge and improve our services. Google Analytics may recognize you when you visit other sites via their cookies and other tracking technology.
- We also utilize internal communications tool, including, but not limited to, Slack, Asana, G Suite.
5. How We Keep Your Information Safe
Callisto was built by survivors, for survivors. We understand that reporting unwanted sexual contact or sexual assault creates risks for survivors, and we care deeply about the privacy and security of our users.
To stop the spread of sexual violence while still protecting the privacy of both the victim and the accused, we encrypt the information you submit when you enter into Matching. Encryption is the process of converting data to an unrecognizable or "encrypted" form. It is used to protect sensitive information so that only authorized parties can view it. Encrypted information will appear scrambled to anyone who tries to view it. It must be decrypted in order to be recognized and comprehended. This requires a password or a private key, which can be used to unlock files associated with the key. When you enter into Matching, all identifying entry information is encrypted. If you Match with another victim, your matching information is sent to your school in encrypted form, and your school will be provided with a key to decrypt it.
What Happens if We Receive a Court-Ordered Request for User Information?
In the event of a court-ordered request for your information, Callisto may have to decrypt and provide any and all information and data you submitted to us (including via the Matching feature). It is possible that a prosecutor, a perpetrator’s attorney, and parties involved in a legal proceeding might have access to certain aspects of your activity on the Callisto Campus platform. This may include data on any designated perpetrator and the users who designated such perpetrator.
100% Security Cannot Be Guaranteed
Unfortunately, no internet-enabled data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any of the information you submitted to Callisto has been compromised), please immediately notify us by contacting us at [email protected].
6. Updates to This Policy and How to Contact Us
Terms of Service
Last updated: August 2019
Please read these Terms of Service (the "Agreement") carefully. Your use of the Site (as defined below) constitutes your consent to this Agreement.
This Agreement is between you and the nonprofit organization Callisto ("Callisto" or "we" or "us") concerning your use of (including any access to) the Callisto website currently located at callistocampus.org (together with any materials and services available therein, and successor site(s) thereto, and including any and all versions optimized for desktop, mobile or tablet users, the "Site"). This Agreement hereby incorporates by this reference any additional terms and conditions posted by Callisto through the Site, or otherwise made available to you by Callisto.
BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.
1. Changes. We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.
Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend above indicates when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links); charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.
3. Jurisdictional Issues. The Site is controlled or operated (or both) from the United States, and is not intended to subject Callisto to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.
4. Rules of Conduct. In connection with the Site, you must not:
- Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.
- Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the Site.
- Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the Site.
- Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without Callisto's express prior written consent.
- Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the Site.
- Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without Callisto's express prior written consent.
- Systematically download and store Site content.
- Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without Callisto's express prior written consent. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site's root directory, Callisto grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Callisto reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.
- You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.
5. Registration; User Names and Passwords. You may need to register to use all or part of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your username, password, and passphrases are for your personal use only and should be kept confidential; you, and not Callisto, are responsible for any use or misuse of your username or password or passphrase, and you must promptly notify us of any confidentiality breach or unauthorized use of your username or password or passphrase, or your Site account.
6. Matching. Site visitors may submit certain materials through or in connection with the Site, which may include entering into Matching (each, a "Submission"). If you choose to permit the release of any Submission to a third party through the "Matching" feature, please be aware that Callisto has no control over and is not responsible for any distribution or other use (or misuse) of Submissions by any third party. Please also note that certain Submissions may be associated with a "secret key" or a "passphrase" - if you forget or lose your "secret key" or "passphrase," we may not be able to provide you with access to such Submissions.
In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Callisto under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted in this Section 7, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
9. Callisto's Proprietary Rights. We and our suppliers own the Site, which is protected by proprietary rights and laws.
Our trade names, trademarks and service marks include “Callisto” and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner.
10. Your Limited Rights. Subject to your compliance with this Agreement, and solely for so long as you are permitted by Callisto to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access hereunder, on any single device, solely for your personal, non-commercial use.
11. Third Party Materials; Links. Certain Site functionality may make available access to information, products, services and other materials made available by third parties, including Submissions ("Third Party Materials"), or allow for the routing or transmission of such Third Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third Party Materials.
We neither control nor endorse, nor are we responsible for, any Third Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third Party Materials, or any intellectual property rights therein. Certain Third Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by Callisto with respect to any Third Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider.
YOUR USE OF THIRD PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD PARTY MATERIALS).
12. DISCLAIMER OF WARRANTIES. THE SITE AND ANY THIRD PARTY MATERIALS ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. CALLISTO DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY THIRD PARTY MATERIALS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH CALLISTO AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us at [email protected] with a description of such alteration and its location on the Site.
13. LIMITATION OF LIABILITY. CALLISTO WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, CALLISTO WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY THIRD PARTY MATERIALS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY THIRD PARTY MATERIALS IS TO STOP USING THE SITE. THE MAXIMUM AGGREGATE LIABILITY OF CALLISTO FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO CALLISTO TO USE THE SITE, AND AN AMOUNT OF $5.00. ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH CALLISTO AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages; solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
14. Indemnity. Except to the extent prohibited under applicable law, you agree to defend, indemnify and hold harmless Callisto and the Affiliated Entities, and their respective successors and assigns, from and against all claims, liabilities, damages, judgments, losses, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Submissions); and (b) any violation or alleged violation of this Agreement by you.
15. Termination. This Agreement is effective until terminated. Callisto may terminate or suspend your use of the Site at any time and without prior notice, including if Callisto believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and Callisto may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials. Sections 2-9 and 11-20 shall survive any expiration or termination of this Agreement.
16. Governing Law; Arbitration. The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of New York, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND CALLISTO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT CALLISTO AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.
17. Filtering. We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that Callisto does not endorse any of the products or services listed on such site.
18. Information or Complaints. If you have a question or complaint regarding the Site, please send an email to [email protected]. Please note that email communications will not necessarily be secure; accordingly you should not include credit card information or other sensitive information in your email correspondence with us.
19. Copyright Infringement Claims. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to Callisto a written notice by mail or email, requesting that Callisto remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to Callisto a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov for details.
20. Miscellaneous. This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Callisto. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and Callisto relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Callisto relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by email (including in each case via links), or by regular mail. Without limitation, 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 this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Callisto will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.Back to top