Our Policies

Privacy Policy

Last updated: 31 January 2017

The safety, security, and personal ownership of your information are incredibly important to us. We will always do our best to prioritize your privacy over the inquiries of college administrators, Callisto staff, and external parties such as lawyers or researchers. This Callisto website is built and maintained by survivors, for survivors.

Callisto is concerned about privacy issues and wants you to be familiar with how we collect, use and disclose information. This Privacy Policy describes our practices in connection with information that we collect through demo.callistocampus.org ("Site"), through the software platform made available by us for use on or through computers, (collectively, including the Site, the "Services"). By providing Personal Information to us, you agree to the terms and conditions of this Privacy Policy.

Personal Information

"Personal Information" is information that identifies you as an individual or relates to an identifiable person.

If you submit a report to your school through Callisto or opt into the Matching Escrow (sometimes referred to as “Report Together”), we collect information including university email address and preferred contact information, which may include your email address and telephone number ("Contact Information").

We also collect certain personal information relating to an alleged perpetrator if you provide his or her information.

About the Matching Escrow

The Matching Escrow feature (sometime referred to as “Report Together”) is a reporting option on the My Records page (you can view this option once you are logged in and a have saved a record). If you use the Matching Escrow feature, your name, contact information, and the identity of your perpetrator will be sent to your school if the perpetrator you name is named by another user. As part of this feature, you will be asked to enter the name and a unique identifier for your perpetrator (like their Facebook page URL). If another user stores the same unique identifier, this results in a match. When a match occurs, both users’ Contact Information is sent to the school, along with the name that was recorded and the unique identifier that was matched.

How We May Collect Personal Information

We and our service providers may collect Personal Information for the purposes outlined in this Privacy Policy in a variety of ways, including through the Site, e.g., when you create a record.

How We May Use Personal Information

We may use Personal Information:

  • To respond to your inquiries;
  • To send administrative information to you, for example, information regarding the Site and changes to our terms, conditions, and policies;
  • For organizational purposes, such as fraud monitoring and prevention;
  • As we believe to be necessary or appropriate to enforce our terms and conditions; to protect our operations; to protect our rights, privacy, safety or property, and you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.

How Personal Information May Be Disclosed

Your Personal Information may be disclosed:

  • By you, at your direction and with your express permission, to your school. This includes submitting your record and Contact Information to your school at your request as part of the "Report Now" feature and the submission of Contact Information and Matching Escrow information to your school at your request as part of the Matching Escrow feature.
  • To our third party service providers who provide services such as website hosting, information technology and related infrastructure provision and other similar services.
  • To a third party in the event Callisto, in its current state, changes, for example, in connection with a reorganization or new partnership.
  • As we believe to be necessary or appropriate to enforce our terms and conditions; to protect our operations; to protect our rights, privacy, safety or property, and you or others; and to allow us to pursue available remedies or limit the damages that we may sustain.

Use and Disclosure for Legal Processes

Because of the nature of the information stored in the Services, it is possible we may use and/or disclose information about specific accounts where instructed by the user or as required (a) under applicable law; (b) to comply with legal process; (c) to respond to requests from public and government authorities. With this possibility in mind, we have designed the system to save as little readable information as possible. User information will not be released to law enforcement except in response to appropriate legal process such as a subpoena, court order, or other valid legal process - or in response to a valid emergency request, as described below. If we are legally required to turn over what information we do store, we will notify users of requests for their account information, which includes a copy of the request, prior to disclosure unless we are prohibited by law from doing so.

Other Information

Other Information We May Collect

"Other Information" is any information that does not reveal your specific identity or does not directly relate to an individual, such as:

  • Browser and device information
  • Information collected through cookies, pixel tags and other technologies
  • Demographic information and other non-identifying information provided by you
  • Aggregated information

How We May Collect Other Information

We and our third party service providers may collect Other Information for the purposes outlined in this Privacy Policy, including:

  • Through your browser or device: Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version and the name and version of the Services you are using. We use this information to ensure that the Services function properly.
  • Using cookies: Cookies are pieces of information stored directly on the computer that you are using. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and other anonymous traffic data. We and our service providers use the information for security purposes, to facilitate navigation, display information more effectively, and to personalize your experience while using the Services, as well as for online tracking purposes. We can recognize your computer to assist your use of the Services. We also gather statistical information about the usage of the Services in order to continually improve the design and functionality, understand how the Services are used and to assist us with resolving questions regarding the Services. The cookies placed by our Services do not store any Personal Information about you.

If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site. You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html.

We use Google Analytics, a web analytics service provided by Google Inc. ("Google"), which uses cookies and tracking code to help analyze how visitors use our website. We will not use information collected through Google Analytics to identify you or your use of our website. The information collected (including what browser and operating system you are using, your IP address, the pages on our website that you visit, your number of pageviews, and the time you spend on our website) is transmitted to and stored by Google. Google uses this information for the purpose of evaluating visitors' use of our website in an aggregate manner, compiling reports on website activity for website operators and providing other services relating to website activity and Internet usage. Google may transfer this information to third parties where required to do so by law, or to third parties that process information on Google's behalf. You can read Google's privacy policy at http://www.google.com/intl/en/privacy.html.

  • Using pixel tags and other similar technologies: Pixel tags (also known as web beacons and clear GIFs) may be used in connection with some Services to, among other things, track the actions of users of the Services (including email recipients) and compile statistics about usage of the Services.
  • IP Address: Your "IP Address" is a number that is automatically assigned to the computer that you are using by your Internet Service Provider (ISP). An IP Address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice and is done automatically by many websites, applications and other services. We use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
  • From you: Information such as your location, as well as other information, such as your preferred means of communication, is collected when you voluntarily provide this information.
  • Aggregate information: Personal Information that has been aggregated does not personally identify you or any other user of the Services. We may use aggregated information for data analysis, including to analyze trends in campus sexual assault, as well as to enhance, improve or modify our Services. We may share these aggregate anonymous data to the university and/or researchers, and take precautions to avoid providing data that may be used to identify an individual Callisto user.

How We May Use and Disclose Other Information

Please note that we may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information as Personal Information under applicable law, then we may use it for all the purposes for which we use and disclose Personal Information.

In some instances, we may combine Other Information with Personal Information (such as combining your name with your geographical location). If we combine any Other Information with Personal Information, the combined information will be treated by us as Personal Information as long as it is combined.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including any third party operating any site or service to which the Services link. The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, including any Personal Information you disclose to other organizations through or in connection with the Services.

Security

We seek to use reasonable organizational, technical and administrative measures to protect Personal Information within our organization. Unfortunately, no 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 account you might have with us has been compromised), please immediately let us know by following the instructions in the "Contacting Us" section below.

Choices and Access

Email Opt-out

If you have chosen to receive emails from us, but you do not want to receive future emails, you may opt-out of receiving these emails by using the "unsubscribe" link at the bottom of the email you received. Please note that you cannot opt-out of emails relating to the Matching Escrow.

How you can access, change or suppress your Personal Information

You can edit information saved in a record at any time by logging into your Callisto account, providing your Passphrase to access your record, and editing responses. You may also edit your account information (such as username, password and email) by accessing the My Records page. PLEASE NOTE THAT IF YOU FORGET OR LOSE ANY PASSPHRASE, WE WILL NOT BE ABLE TO PROVIDE THE PASSPHRASE TO YOU, OR PROVIDE YOU WITH ACCESS TO ANY SUBMISSIONS ENCRYPTED BY THE PASSPHRASE.

You can delete your record or account from Callisto at any time by selecting "Delete" next to a record or your account on the Review and/or My Records pages, or contacting us at [email protected].

Please note that we may need to retain certain information for recordkeeping purposes and we cannot delete any information that has already been submitted to your school (either by you or through the Matching Escrow). There may also be residual information that will remain within our databases and other records, which will not be removed.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy, including to provide the Services to you and the school, unless a longer retention period is required or permitted by law. Please read over our full Terms of Service for more information on how we retain your Personal Information.

Use of Services by Minors

The Services are not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Services.

Cross-Border Transfer

The Services are controlled and operated by us from the United States, and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Updates to This Privacy Policy

We may change this Privacy Policy. Please take a look at the "Last Updated" legend at the top of this page to see when this Privacy Policy was last revised. Any changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Services. Your use of the Services following these changes means that you accept the revised Privacy Policy.

Contacting Us

If you have any questions about this Privacy Policy, please contact us by email at [email protected]. Please note that email communications are not always secure, so please do not include sensitive information in your emails to us.

Back to top

Terms of Service

Last updated: 31 January 2017

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 demo.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.

2. Information Submitted Through the Site. Your submission of information through the Site is governed by Callisto’s Privacy Policy, located under "Privacy Policy". You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

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. Profiles and Forums. Site visitors may submit certain materials through or in connection with the Site, which may include records, reports and related information submitted through the Site's record-creating functionality (each, a "Submission"). If you choose to permit the release of any Submission to a third party (including through the "Report Now" or "Matching Escrow" features), 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.

7. License. Because you retain ownership of your Submissions, we may need certain rights in order to use certain of your Submissions. Accordingly, for each Submission, you hereby grant to us a non-exclusive, royalty-free, fully paid-up, worldwide, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, analyze and otherwise use such Submission in any format or media now known or later developed. For clarity, this license does not modify Callisto's Privacy Policy, which governs Callisto's use and disclosure of personal information in 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.

8. Monitoring. We may (but have no obligation to) monitor, evaluate or remove Submissions before or after they appear on the Site, or analyze your access to or use of the Site. For clarity, our rights under this Section 8 do not modify Callisto's Privacy Policy, which governs Callisto's use and disclosure of personal information in Submissions.

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/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. 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]. You may also contact us by writing to 222 Broadway, 20th Floor, New York, NY 10038. 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