TOKEATIVITY® CODE OF CONDUCT
This policy is a living document, and is subject to expansion in the future.
Last updated July 18, 2019
Everyone participating in the Tokeativity® community is required to agree to the following Code of Conduct. This includes all members, sponsors, attendees, speakers, guests, collaborators, partners, volunteers, work traders, and staff.
Tokeativity® is dedicated to providing a harassment-free experience for everyone, regardless of physical appearance, body, age, race, ethnicity, nationality, language, religion, gender, gender identity and expression, sexual orientation, disability, mental illness, neurotype, or technology choices. We do not tolerate harassment of participants in any form.
Anyone who violates this Code of Conduct may be sanctioned or expelled from these spaces at the discretion of the Tokeativity® organizers and your membership from the Tokeativity® website may be revoked.
Unwelcome sexual attention
Gratuitous or off-topic sexual behaviour in spaces where they’re not appropriate
Pattern of inappropriate social contact, such as requesting/assuming inappropriate levels of intimacy with others
Physical contact and simulated physical contact (eg, textual descriptions like “hug” or “backrub”) without consent or after a request to stop
Offensive comments related to physical appearance, body, age, race, ethnicity, nationality, language, religion, gender, gender identity and expression, sexual orientation, disability, mental illness, or neurotype
Unwelcome comments regarding a person’s lifestyle choices and practices, including those related to food, health, parenting, drugs, and employment
Continued one-on-one communication after requests to cease
Threats of violence (including physical or online violence, doxing, or defamation)
Incitement of violence towards any individual, including encouraging a person to commit suicide or to engage in self-harm
Stalking or following
Harassing photography or recording, including logging online activity for harassment purposes
Sustained disruption of discussion
Deliberate misgendering or use of ‘dead’ or rejected names
Tokeativity® prioritizes females and marginalized people’s safety over privileged people’s comfort. Tokeativity® reserves the right not to act on complaints regarding:
Reasonable communication of boundaries, such as “leave me alone,” “go away,” or “I’m not discussing this with you.”
‘Reverse’ -isms, including ‘reverse racism,’ ‘reverse sexism,’ and ‘cisphobia’
Communicating in a ‘tone’ you don’t find congenial
Criticizing racist, sexist, cissexist, or otherwise oppressive behavior or assumptions
In person and online participants, sponsors, collaborators, members, and their guests asked to stop any harassing behavior are expected to comply immediately.
If a participant engages in harassing behavior, Tokeativity® may take any action we deem appropriate, up to and including expulsion from all Tokeativity® spaces both in person and online and identification of the participant as a harasser to other Tokeativity® community members or the general public, all payments nonrefundable.
Sponsors are also subject to the anti-harassment policy. In particular, sponsors should not use sexualised images, activities, or other material. Booth staff (including volunteers) should not use sexualised clothing/uniforms/costumes, or otherwise create a sexualised environment. Those in violation will be asked to leave the event, sponsorship nonrefundable.
REPORTING AND ENFORCEMENT
If you are being harassed by a member of the Tokeativity® community, notice that someone else is being harassed, or have any other concerns, please contact us immediately via email at firstname.lastname@example.org.
Please contact any member of our team to report any incidents that may have happened. The leader of the local chapter will work with HQ on any reports made.
Please contact email@example.com.
If the person who is harassing you is a member of a team, they will recuse themselves from handling your incident. All reports will be handled in the strictest confidence. We will respond as promptly as we can.
If you prefer to submit an anonymous code of conduct question or report, you are welcome to use this form.
This policy was based very closely on the XOXO Festival Code of Conduct and the Cultivation Classic, for which they have credited the following parties – the work to build this stems largely from the online technology communities who have been leading the resistance of harassment in all forms for many years:
The Geek Feminism policy is based on several other policies, including the Ohio LinuxFest anti-harassment policy, written by Moose Finklestein and Beth Lynn Eicher, and the Con Anti-Harassment Project. Mary Gardiner, Valerie Aurora, Sarah Smith, and Donna Benjamin generalized the policies and added supporting material. Many members of LinuxChix, Geek Feminism and other groups contributed to this work.
We encourage other events to adopt (and enforce) similar policies by using and remixing ours.
Tokeativity Connect Community End User License Agreement
This membership agreement (these “Terms” or the “Agreement”) is between you (either an individual or entity, hereinafter referred to as “You” or “Your”) and Blisslandia, LLC (“Blisslandia”, “We”, “Our”, or “Us”) and pertains to the Tokeativity Connect Community software, its components, features, enhancements, updates, and modifications (collectively the “Software” or “Suite”) and any related services (“Services”) provided by Blisslandia under this Agreement.
This is a contract between you and us. By accessing or using the Services, you acknowledge understanding these Terms and you agree to be bound by them with any changes that we may publish from time to time. Read the Terms carefully. If you do not agree to all these Terms, then you may not access or use our Services. If you breach any of the Terms, your authorization to use the Services automatically terminates. The Services are provided “as is” and as available. You use them at your own risk. We reserve the right to discontinue your access to the Services, and remove any content, at any time, for any reason or no reason, at our sole discretion, with or without notice.
By accessing, installing, facilitating the installation, or using the Software or Services (or allowing or authorizing any other person to do so) You are warranting that you have the authority provided by your state, country, or jurisdiction to enter into a legally binding contract and that you have read and agree to be bound by the terms of this Agreement. You understand and acknowledge that this Agreement comprises the entire agreement between You and Blisslandia. This Agreement supersedes any prior agreements, promises, representations, or descriptions. If you do not agree with the terms and conditions set forth hereinafter, you may not purchase, access, or use the Software or Services. Any violation of this agreement may result in the suspension or termination of Your account. Our failure to enforce against one person is not a waiver to enforce Our rights at any time for the same or different offenses.
2. License Scope and Grant
In consideration for payment of all applicable license fees and subject to the terms and conditions of this Agreement, Blisslandia grants you a revocable, limited, and non-exclusive license to use the Software and Services, accessible via one URL. Access to services, components, platform updates, and technical support require an active membership. All rights in and to the Software and Services are reserved to the use and benefit of Blisslandia and/or its licensors, successors, and assignors.
3. Your Restrictions and Responsibilities
Your membership to use the Software and Services is subject to the following terms, conditions, and restrictions on use:
(a) You may not utilize the Software or Services to engage in, facilitate, or otherwise allow others to engage in any activity that violates any law or regulation, or the terms and conditions within this Agreement.
(b) You are solely responsible for complying with all governmental regulations and policies. You agree to indemnify Us from any loss, action, or damage arising from Your failure to use the Software in a manner consistent with applicable legislation.
You are solely responsible for your conduct related to the Software and Services. You agree that you will use the Software and Services in compliance with all applicable local, state, national, and international laws, rules, and regulations. You will use the Software and Services only for purposes reasonably intended by us in providing the Software and Services as a resource for connecting with like-minded people.
At all times and under all circumstances, YOU SHALL NOT enter an agreement to, authorize, enable, or assist others with, or otherwise do any of the following:
a) violate the Terms;
b) use the Services for any commercial, unlawful, invasive, infringing, defamatory, harassing, abusive, or fraudulent purposes, including but not limited to misappropriation, inciting violence, encouraging illegal activity, or violating third party rights including but not limited to publicity, privacy, false light, contract, fiduciary rights, and intellectual property rights;
c) upload, transmit, or otherwise distribute any material that is false, misleading, profane, libelous, threatening, harassing, obscene, pornographic, hateful, offensive, harmful, vulgar, distasteful, racist, homophobic, harmful, or otherwise inappropriate, as determined by us in our sole discretion;
d) send spam, surveys, phishing messages, or other unsolicited bulk messages of any kind, regardless of the content or nature of the messages;
e) submit any information that may transmit viruses, Trojan horses, worms, time bombs, or any other computer programming routine that is intended to damage, interfere with, harm, defraud, intercept or expropriate us, the Services, or the Service’s users;
f) alter, damage, steal, copy, modify, loan, lease, sell, license, adapt, encode, reverse engineer, transmit, republish, distribute, decompile, disassemble, translate, reframe, reformat or create derivative works of any portion of the Services or the content provided therefrom;
g) exploit, sell, license, disclose, develop, or distribute any product designed or intended for use with or incorporating any portion of the Services, without our written permission;
h) use any artificial process (including but not limited to any 'deep-link', 'scraper', 'robot', 'spider,' 'web crawler,' or other automatic device, program, algorithm or methodology, or any similar automatic or manual process), to access, retrieve, monitor, submit, transmit, or copy any content from the Services, or in any way reproduce or circumvent the navigational structure or presentation of the Services and any content;
i) remove or alter any copyright, trademark, or other proprietary notices included in, on, or affixed to the Services;
j) take any action which undermines the Services and its user sharing process, including bad faith submissions, fake submissions, submitting in exchange for compensation, and giving compensation in exchange for a submission;
k) use the Services if you are under the age of eighteen (18), lack the power or authority to agree to the Terms, are a competitor of ours, or if we have previously refused or discontinued your access to the Services;
l) sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms;
m) probe, scan, or test the vulnerability of the Services or any network connected to the Services;
n) alter, steal, corrupt, disable, destroy, trespass, or violate any security or encryption of any computer file, database, or network through the Services; or
o) solicit, reverse look-up, trace or seek to trace any information about any other user of the Services or exploit the Services or information offered through the Services, to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by us.
4. Intellectual Property
To the maximum extent allowable under applicable law, you acknowledge and agree that we or our licensors own all right, title, and interest, including all intellectual property rights, in and to the Software and Services. Except for open source, public domain, and “creative commons” components, and as otherwise provided in these Terms. we or our licensors have the sole and exclusive right to the Software which is being accessed via your membership, not sold, to You by Blisslandia under the terms and conditions of this Agreement. The Software is protected by copyright, trademark, and other intellectual property laws. Blisslandia reserves any rights not expressly granted herein. All trademarks and brand names included in the Services are the property of their respective owners. Any third party content is used for educational and informational purposes.
As a condition of submitting any content or other materials through the Software or Services, including discussions, messages, and uploads you agree that:
a) you are solely responsible for the content of your submissions;
b) you grant us a royalty-free, perpetual, irrevocable, world-wide, non-exclusive, assignable, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display and perform, reformat, remove, analyze, commercialize, create derivative works from, and incorporate such content into other works including advertisements; you grant us all rights necessary to publish or refrain from publishing your name and address in connection with your content; you acknowledge that this license cannot be terminated by you once you submit your content to us;
c) you grant us all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your content by any other party;
d) your name and information may be made available to the public and to those you engage with through the Services;
e) you represent that you own or have secured all legal rights necessary for the content submitted by you to be used by you, us, and others as described and otherwise contemplated in these Terms, and it does not infringe any copyright or other proprietary right of any other person or entity;
f) you represent and warrant that each person identified or depicted in your content, if any, (and if a minor, then the parent or guardian of the minor) has provided consent to such identification or depiction, consistent with these Terms;
g) all of your submissions will be accurate, honest, truthful, and complete in all respects; and
h) you have not received any form of compensation to submit content.
5. Non-disclosure Agreement (NDA)
(a) Before and during the course of the parties’ relationship, You may receive access to confidential information about the business of Blisslandia that would be valuable to competitors and potentially harmful to Blisslandia if disclosed or used without authorization. Regardless of whether it is oral, written, or kept in another medium, and regardless of whether or not it is marked as ‘confidential,’ such confidential information includes, but is not limited to business contacts, customers’ identities, contractors’ identities, and details of third parties’ business with Blisslandia; trade secrets; information relating to Blisslandia’s finances, contracts, services, business development, marketing plans, schedules, pricing, and strategies; confidential employee or personnel information; Blisslandia’s inventions, methods, processes or any proprietary information used by Blisslandia in connection with its business; and any information relating to the business or affairs of Blisslandia that is not generally known to the public or Blisslandia’s competitors (collectively, “Confidential Information”) all of the foregoing you hereby accept and acknowledge Blisslandia has taken reasonable steps to maintain as confidential. Confidential Information does not include information: (a) that is now or becomes part of the public domain through no fault or breach by You; (b) that You can document You knew before disclosure by Blisslandia; (c) that was independently developed without use of any Confidential Information or Discloser intellectual property; and (d) that You rightly obtained from a third party who had the right to transfer or disclose it. If You are subpoenaed or ordered by any court or government agency to disclose Confidential Information, You shall provide immediate written notice to Blisslandia so it may take appropriate action to protect confidentiality.
(b) You agree that, during and after Your relationship with Blisslandia, You shall: (1) use the Confidential Information only in support of Blisslandia’s business purposes; (2) hold the Confidential Information in confidence and trust; (3) disclose Confidential Information to third parties only for Blisslandia’s business purposes, subject to Blisslandia’s prior written approval; (4) use all precautions and best efforts to assure that Confidential Information is not disclosed to unauthorized persons or used in an unauthorized manner; and (5) obtain Blisslandia’s written authorization prior to disclosing or using Confidential Information for any purpose or under any circumstances not for the benefit of Blisslandia.
(c) This Agreement does not transfer any ownership rights to any Confidential Information. Upon the termination or conclusion of Your relationship with Blisslandia, or upon a request by Blisslandia, You shall immediately return all property of Blisslandia in Your possession or control to Blisslandia, whether or not the property contains Confidential Information or company developments. Upon termination or conclusion of Your services for Blisslandia, You shall not make or keep a copy of any Confidential Information, company developments, related documents, or information, in any form.
(d) You understand that entering into and abiding by this agreement is a condition of Your relationship with Blisslandia. This agreement is not a promise from Blisslandia that You will work with Blisslandia for any definite period of time.
(e) You and Blisslandia acknowledge that violation of this agreement may cause irreparable harm to Blisslandia, and that monetary damages and other remedies at law may be inadequate to redress any actual or threatened violation of this agreement. Each party agrees that, in addition to any other available relief or damages, either party may seek injunctive relief, without bond, in any court of competent jurisdiction to prevent or halt the violation of or to enforce this agreement.
(f) You understand that all written and oral information and materials disclosed or provided by Blisslandia, LLC to the you under this Agreement constitute Confidential Information regardless of whether such information was provided before or after the date of this Agreement or how it was provided to you. 'Confidential Information' means all data and information relating to the business and management of Blisslandia, LLC, including but not limited to, the following: (1) 'Customer Information' which includes names of customers of Blisslandia, LLC, their representatives, all customer contact information, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of Blisslandia, LLC; (2) 'Intellectual Property' which includes information relating to Blisslandia, LLC's proprietary rights prior to any public disclosure of such information, including but not limited to the nature of the proprietary rights, production data, technical and engineering data, technical concepts, test data and test results, simulation results, the status and details of research and development of products and services, and information regarding acquiring, protecting, enforcing and licensing proprietary rights (including patents, copyrights and trade secrets); (3) 'Marketing and Development Information' which includes marketing and development plans of Blisslandia, LLC, price and cost data, price and fee amounts, pricing and billing policies, quoting procedures, marketing techniques and methods of obtaining business, forecasts and forecast assumptions and volumes, and future plans and potential strategies of Blisslandia, LLC which have been or are being discussed; (4) 'Business Operations' which includes internal personnel and financial information of Blisslandia, LLC, vendor names and other vendor information (including vendor characteristics, services and agreements), purchasing and internal cost information, internal services and operational manuals, external business contacts including those stored on social media accounts or other similar platforms or databases operated by Blisslandia, LLC, and the manner and methods of conducting Blisslandia, LLC's business; (5) 'Product Information' which includes all specifications for products of Blisslandia, LLC as well as work product resulting from or related to work or projects performed or to be performed for Blisslandia, LLC or for clients of Blisslandia, LLC, of any type or form in any stage of actual or anticipated research and development (6) 'Production Processes' which includes processes used in the creation, production and manufacturing of the work product of Blisslandia, LLC, including but not limited to, formulas, patterns, molds, models, methods, techniques, specifications, processes, procedures, equipment, devices, programs, and designs; (7) 'Service Information' which includes all data and information relating to the services provided by Blisslandia, LLC, including but not limited to, plans, schedules, manpower, inspection, and training information; (8) 'Proprietary Computer Code' which includes all sets of statements, instructions or programs of Blisslandia, LLC, whether in human readable or machine readable form, that are expressed, fixed, embodied or stored in any manner and that can be used directly or indirectly in a computer ('Computer Programs'); any report format, design or drawing created or produced by such Computer Programs; and all documentation, design specifications and charts, and operating procedures which support the Computer Programs; (9) 'Computer & Classroom Technology' which includes all scientific and technical information or material of Blisslandia, LLC, pertaining to any machine, appliance or process, including but not limited to, specifications, proposals, models, designs, formulas, test results and reports, analyses, simulation results, tables of operating conditions, materials, components, industrial skills, operating and testing procedures, shop practices, classroom tools and programs, know-how and show-how; (10) 'Accounting Information' which includes, without limitation, all financial statements, annual reports, balance sheets, company asset information, company liability information, revenue and expense reporting, profit and loss reporting, cash flow reporting, accounts receivable, accounts payable, inventory reporting, purchasing information and payroll information of Blisslandia, LLC.
You may not rent, lease, sell, share, authorize, or temporarily assign Your rights to the license or this Agreement to another individual or entity except as expressly permitted herein.
(a) You may permanently transfer Your account and interest in this Agreement to a third party, provided the account is active and in good standing. Any transfer and reassignment must occur via the mechanisms provided within the Tokeativity Connect client area and all applicable fees must be paid for the reassignment to be considered valid.
(b) You agree to provide this Agreement in its entirety to the assignee prior to reassignment and the assignee must agree to be bound to the terms of this Agreement.
(c) You acknowledge that account and non license specific materials and purchases, including, but not limited to: account credits and third party (“marketplace”) add-ons and purchases are non-transferrable under any circumstances.
(d) We reserve the right to refuse or reject reassignment at Our sole discretion.
This Agreement shall remain in effect until terminated. Your rights under this Agreement may automatically terminate with or without notice from Us for any reason or no reason. Upon termination of this Agreement, You shall immediately cease all use of the platform and destroy all copies, full or partial, of the platform’s elements that may be in Your possession or otherwise under Your control.
We reserve the right to amend or modify the terms of this Agreement at any time, and to change, discontinue or impose conditions on any aspect of the Software or related Service and to provide notification solely by posting an updated version of the Agreement on the invisioncommunity.com website. You acknowledge that You are solely responsible for regularly reviewing this Agreement and Our policies. Continued use of the Software after modification to the Agreement constitutes Your binding consent to such changes.
9. Disclaimer of Warranty
TOKEATIVITY CONNECT IS PROVIDED “AS-IS” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, BY STATUTE, COMMON LAW, USAGE OR OTHERWISE, REGARDING THE SOFTWARE AND ANY RELATED SERVICES, INCLUDING THEIR FITNESS FOR A PARTICULAR PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, OR THEIR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR ANY RELATED SERVICES IS SECURE, OR IS FREE FROM BUGS, VIRUSES, ERRORS, OR OTHER PROGRAM LIMITATIONS, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THE ENTIRE RISK AS TO THE RESULTS, QUALITY, AND PERFORMANCE OF THE PLATFORM IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR OUR EMPLOYEES, REPRESENTATIVES, OR AGENTS, OR THROUGH OR FROM THE SOFTWARE, OR OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED WITHIN. THIS SECTION WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
10. Limitation of Liability
Third party users may transmit content related to the Services including, but not limited to, user comments and submissions. We do not review, endorse, guarantee, nor do we accept any responsibility for any of this content or any third party websites linked or otherwise transmitted through the Services.
We are not responsible for the decisions you make based on content provided through the Services. Any dealings you have with third parties are at your own risk. We do not control or endorse any third party services or products. We do not guarantee the quality or reliability of any such third party, services, expertise, or products. You acknowledge and agree that you will not hold us or seek to hold us liable for or in connection with any third party dealings.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, EMPLOYEES, AGENTS, CONTRACTORS, OR OUR SUCCESSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO PERSONAL INJURY OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, COVER, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, LOSS OF GOODWILL OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SOFTWARE OR ANY RELATED SERVICES OR CONTENT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ACTUAL DAMAGES FOR ANY CAUSE WHATSOEVER EXCEED THE AMOUNT PAID BY YOU TO THE PLATFORM MEMBERSHIP. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL SURVIVE THE TERMINATION OF THIS AGREEMENT.
You agree to fully indemnify and hold Us, Our successors, officers, directors, shareholders, partners, employees, agents, and contracts harmless from and against any claim, suit, hearing, action, expense, or demand, including without limitation to: all claims for damages, fees or costs (including attorneys’ fees), arising out of or related to the use of the Software and/or any related Services by You, Your agents or representatives, anyone under Your control, or by any third party using Your equipment or accounts to use the Software or Services (for purposes of this section, collectively, “You”); the violation by You of any provision of this Agreement; the violation by You and any laws or regulations; or the infringement or misappropriation by You any copyright, trademark or any other intellectual property right, proprietary right, property right, or any other right of Ours or any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will cooperate with Us in asserting any available defenses and, as set forth above, be fully responsible for Our attorneys’ fees.
12. Governing Law
The license and this Agreement are governed by and construed in accordance with the laws of the State of Oregon, United States of America. You hereby consent to exclusive jurisdiction and venue in the County of Multnomah and State of Oregon. By agreeing to the terms of this Agreement, You are waiving any claims that You might otherwise have against Blisslandia based on the laws of other jurisdictions.
If, for any reason, a court of competent jurisdiction deems any provision or part of this Agreement to be unlawful or unenforceable, the remainder of the Agreement shall remain in full force and effect.