You represent that you are an adult 18 years of age or older and are competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. If you are using or opening an account on the Site on behalf of a company, entity, or organization (collectively "Subscribing Organization"), then you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind such organization to these Terms; and (ii) agree to be bound by these Terms on behalf of such Subscribing Organization.
Individual Features and Services.
When using the Site, you agree to be subject to any additional posted guidelines or rules applicable to specific services, and features which may be posted from time to time (the "Guidelines"). All such Guidelines are hereby incorporated by reference into the Terms.
Modification of the Terms.
GRW reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms at any time without notice to you. Please, therefore consult, these Terms and any Guidelines periodically for changes. Your continued use of the Site after the posting of changes constitutes your knowing acceptance of those changes. Any changes to these Terms will be effective immediately upon posting.
GRW grants you permission to use the Site as set forth in these Terms, provided that (i) you use the Site solely for your personal, private, non-commercial use; (ii) you do not copy, publicly display or distribute any part of the Site in any medium without GRW’s prior written authorization; (iii) you do not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iv) you do not engage in any of the prohibited uses described below; and (v) you will otherwise fully comply with these Terms. The Site is controlled and offered by GRW from its facilities in the United States of America. GRW makes no representations that the Site is appropriate, available, or complies with the laws in other locations. Those who access or use the Site from other jurisdictions do so at their own risk and are responsible for compliance with all applicable laws.
Ownership; Proprietary Rights.
The Site is owned and operated by GRW. The content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the Site that are provided by GRW ("GRW Materials") are protected by United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. GRW Materials do not include User Submissions (defined below) or any other content owned by and submitted by Users to the Site. All GRW Materials contained on the Site are the copyrighted property of GRW or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names contained in GRW Materials or on the Site unless otherwise stated are proprietary to GRW or its affiliates and/or third-party licensors. Except as expressly authorized by GRW, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of GRW Materials. GRW reserves all rights not expressly granted in these Terms. User shall not acquire any right, title, or interest to GRW Materials, except for the limited rights set forth in this Agreement.
(a) General. The Site may permit the submission and posting or linking of media, text, audio and video recordings, photos, commentary or any other content submitted by you and other users ("User Submissions"), and the hosting, sharing, and/or publishing of such User Submissions. User Submissions are displayed for entertainment and informational purposes only and are not controlled by GRW. GRW makes no representations that it will publish or use your User Submissions in any way. Selection and use of User Submissions is in GRW’s sole discretion. You understand that whether or not such User Submissions are published, GRW does not guarantee any confidentiality with respect to any User Submissions.
(b) Grant of Rights. You shall retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to GRW, you hereby grant GRW and its affiliates a worldwide, non-exclusive, fully paid, royalty-free, perpetual, irrevocable, sublicenseable, and transferable license to use, reproduce, distribute, modify, adapt, prepare derivative works of, display, perform, and otherwise exploit your User Submissions in connection with the Site and GRW’s (and any successor’s) business, including, without limitation, for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels, now known or hereafter discovered. You grant GRW and its affiliates and sublicensees the right to use the name that you submit in connection with the User Submission if they so choose. You further agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Submissions. You also hereby grant to each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display, and perform such User Submissions as permitted by the functionality of the Site and these Terms. The aforementioned licenses will terminate when User or GRW removes User’s Submission(s) from the Site.
(c) User Submissions Representations and Warranties. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to use and hereby authorize GRW to use, all patent, trademark, copyright, or other proprietary rights in and to any and all User Submissions to enable inclusion and use of User Submissions in any manner contemplated by GRW and these Terms, and to grant the rights and license set forth above, and (ii) your User Submissions, GRW’s use of such User Submissions in connection with the Site, and GRW’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party rights, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (c) violate any applicable law or regulation.
(d) User Submissions Prohibited Uses. In connection with your User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations that could damage GRW or any third party; (iii) submit material that is unlawful, defamatory, libelous, slanderous, threatening, pornographic, obscene, vulgar, harassing, harmful, hateful, abusive, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or any right of privacy or publicity, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or (vi) post User Submissions that would be harmful to minors in any manner.
Content Disclaimer. You understand that when using the Site you will be exposed to User Submissions and other content (such User Submissions and other content, collectively, "Content") from a variety of sources, and that GRW is not responsible for the accuracy, integrity, quality, legality, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GRW with respect thereto. GRW does not endorse any User Submission or other Content or any opinion, recommendation, or advice expressed therein. Under no circumstances will GRW be liable in any way for, or in connection with, any User Submissions or other Content, including, but not limited to, for any inaccuracies, errors, or omissions in any Content, any intellectual property infringement with regard to any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise displayed or transmitted via the Site.
Non-Monitoring of Users and Content. You understand that all Content is the sole responsibility of the person from whom such Content originated. This means that you, and not GRW, are entirely responsible for all User Submissions that you upload, post, e-mail, transmit, or otherwise make available via the Site. GRW does not control the Content posted by Users or otherwise made available by other persons and does not have any obligation to monitor such Content for any purpose. If at any time, GRW chooses, in its sole discretion, to monitor the Content, GRW nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You acknowledge that GRW may or may not pre-screen User Submissions, but that GRW and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any User Submission that is available via the Site. Without limiting the foregoing, GRW and its designees may, at any time and without prior notice, remove any User Submission that in the sole judgment of GRW violates these Terms, is objectionable, or not in the best interest of GRW. You agree that you must evaluate, and bear all risks associated with the use of any User Submissions or other Content, including any reliance on the accuracy, completeness, usefulness or legality of such User Submission or other Content.
(a) As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms. Access to GRW Materials and the Site from territories where their access or use thereof is illegal is strictly prohibited. Site Users are responsible for complying with all local rules, laws, and regulations including, without limitation, those concerning intellectual property rights, the internet, technology, data, email, or privacy.
(b) Any use by you of any of GRW Materials and the Site other than for private, non-commercial use is strictly prohibited. You agree not to reproduce, duplicate, copy, sell, trade, resell, distribute or exploit, any portion of the Site, use of the Site, access to the Site, or Content obtained through the Site, for any purpose other than for your personal, private, non-commercial purposes.
(c) You agree not to defame, harass abuse, threaten, stalk or defraud Users of the Site, or collect, or attempt to collect, personal information about Users or third parties without their consent.
(d) You agree not to intentionally interfere with or damage, impair or disable the operation of the Site or any User’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, spyware, adware or other malicious code.
(e) You agree not to remove, circumvent, disable damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of any content accessible through the Site, or features that enforce limitations on the use of the Site.
(f) You agree not to attempt to gain unauthorized access to the Site, or any part of it, other accounts, computer systems or networks connected to the Site, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
(g) You agree not to obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site. You agree neither to modify the Site in any manner or form, nor to use modified versions of the Site, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
(h) You agree that you will not use any robot, spider, scraper, or other automated means to access the Site for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
(i) You agree not to utilize framing techniques to enclose any trademark, logo, or other GRW Materials without our express written consent. You agree not to use any meta tags or any other "hidden text" utilizing GRW’s name or trademarks without our express written consent.
(j) You agree not to deep-link to the Site and will promptly remove any links that GRW finds objectionable in its sole discretion. You agree not to use any GRW logos, graphics, or trademarks as part of the link without our express written consent.
(k) You agree not to make unsolicited offers, advertisements, proposals, or send junk mail or spam to other Users of the Site. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.
(l) You agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
(m) You agree not to modify, adapt, translate or create derivative works based upon the Site or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
In order to access some features of the Site, you will have to create an account. You agree that the information you provide to GRW upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. You acknowledge, consent and agree that GRW may access, preserve and disclose your account information and User Submission if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (a) comply with legal process; (b) enforce the Terms; (c) respond to claim that any User Submission violates the rights of third parties; (d) to respond if you contact GRW; or (e) protect the rights, property or personal safety of GRW, the Users and the public.
When you register you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID or password), you should immediately notify GRW You may be liable for the losses incurred by GRW or others due to any unauthorized use of your account.
Dealings with Advertisers.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site are solely between you and the respective advertiser. YOU AGREE THAT GRW WILL NOT BE RESPONSIBLE NOR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY SUCH DEALINGS OR AS THE RESULT OF THE PRESENCE OF SUCH ADVERTISERS ON THE SITE.
Links and Third Party Content.
GRW or third parties may provide links on the Site to other sites or content ("Reference Sites"). GRW has no control over such Reference Sites or content, and therefore makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy, quality, legality, nature, availability or reliability of Reference Sites or content linked to by the Site. GRW provides links to you only as a convenience, and the inclusion of any link on the Site does not imply our affiliation, endorsement, or adoption of the linked site or any information therein. ACCESS AND USE OF REFERENCE SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON REFERENCE SITES OR AVAILABLE THROUGH REFERENCE SITES, IS SOLELY AT YOUR OWN RISK. When you leave the Site, our terms and policies no longer govern. You should review applicable terms and policies, including the privacy and data gathering practices, of any Reference Sites.
Availability of Service.
GRW may make changes to or discontinue any of the media, web communities, products, or services available within the Site at any time, and without notice. The media, products, or services on the Site may be out of date, and GRW makes no commitment to update these materials on the Site.
User Disagreements. You alone are responsible for your involvement with other Users. GRW reserves the right, but has no obligation, to monitor disagreements between you and other Users.
(a) GRW You agree that GRW, in its sole discretion and for any or no reason, may terminate any User account (or any part thereof) you may have on the Site or your use of the Site, and remove and discard all or any part of your account or any User Submission, at any time. GRW may also in its sole discretion and at any time discontinue providing access to the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site or any account you may have or portion thereof may be affected without prior notice, and you agree that GRW shall not be liable to you or any third-party for any such termination. GRW does not permit infringing activities on the Site, and reserves the right to terminate access to the Site, and remove all content submitted, by any person who is found to be infringers. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies GRW may have at law or in equity.
(b) User. If you are dissatisfied with the Site, please let us know at
. Your input is valuable to us. Your only other remedy with respect to any dissatisfaction with (i) the Site, (ii) any term of these Terms, (iii) any policy or practice of GRW in operating the Site, or (iv) any content or information transmitted through the Site, is to terminate these Terms and your account. You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Site.
Indemnification; Hold Harmless. You agree to defend, indemnify and hold harmless GRW, and its parent, subsidiaries, affiliates or any related companies (including those which share substantially common ownership), its suppliers, licensors and partners, and the officers, directors, employees, agents and representatives or any of them from any and all claims, losses, obligations, damages, liabilities, costs or debt and expenses (including attorney’s fees) arising out of (i) your use or misuse of the Site; (ii) your User Submissions, including GRW’s use, display or other exercise of its license rights granted herein with respect to your User Submissions; (iii) your violation of these Terms; (iv) your violation of the rights of any other person or entity, including claims that any User Submission infringes or violates any third party intellectual property rights; and (v) your breach of the foregoing representations, warranties, and covenants. GRW reserves the right and you agree to pay for GRW’s assumption of and control of any legal matter or action for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of GRW. GRW will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
(a) No Warranties. No Representation. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GRW, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GRW OR THROUGH THE SITE WILL CREATE ANY WARRANTY WHICH IS NOT EXPRESSLY STATED IN WRITING HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS SECTION 19, THE TERM "GRW" INCLUDES GRW'S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUPPLIERS, LICENSORS, AFFILIATES AND SUBCONTRACTORS.
(b) "As is", "As available" and "With All Faults." YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, USER SUBMISSIONS, AND ANY THIRD-PARTY MEDIA, CONTENT, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE", "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND EITHER EXPRESS OR IMPLIED.
(c)Platform Operation and Content. GRW, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT THAT GRW MATERIALS, USER SUBMISSIONS, THE SITE, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SITE OR ANY REFERENCE SITES WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED, EVEN UPON NOTICE TO GRW OF THE ABOVE.
(d) Accuracy. GRW, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR ANY REFERENCE SITES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
(e) Harm to Your Computer. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING INFORMATION, MATERIALS, OR DATA THROUGH THE SITE (INCLUDING RSS FEEDS) OR ANY REFERENCE SITES IS TOTALLY AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM, HARDWARE, AND SOFTWARE) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
Limitation of Liability and Damages.
(a) Limitation of Liability. UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL GRW OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA OR USE OR COST OF COVER) ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE OR THE INABILITY TO USE GRW MATERIALS AND USER SUBMISSIONS ON THE SITE OR ANY REFERENCE SITES, THE SITE ITSELF, OR ANY OTHER INTERACTIONS WITH GRW, EVEN IF GRW OR AN GRW AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) Limitation of Damages. NOT WITHSTANDING THE ABOVE, IN NO EVENT SHALL GRW OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS, LICENSORS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SITE (WHETHER IN CONTRACT; TORT, INCLUDING NEGLIGENCE; WARRANTY; MISREPRESENTATION, OR OTHERWISE) EXCEED ONE HUNDRED US DOLLARS.
(c) Reference Sites. THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SITE OR RECEIVED BY YOU THROUGH ANY REFERENCE SITES.
Limitations by Applicable Law; Basis of the Bargain.
(a) Limitations by Applicable Law. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF DESPITE THE CHOICE OF LAW AND JURISDICTION, SECTIONS SET FORTH BELOW IN PARAGRAPHS 23
(b) and (c), A COURT IN SOME OTHER JURISDICTION FINDS IT HAS JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THESE TERMS APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION IN WHICH YOU ARE LOCATED.
(b) Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT GRW HAS OFFERED ITS PRODUCTS AND SERVICES AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND GRW, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND GRW YOU ACKNOWLEDGE AND AGREE THAT GRW WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
Digital Millennium Copyright Act Compliance. If you are a copyright owner or an agent thereof, and believe that any User Submission or other content hosted on the Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C § 512(c)(3) for further detail):
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works from the Site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit GRW to locate the material;
(iv) Information reasonably sufficient to permit GRW to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
GRW’s designated Copyright Agent to receive notifications of claimed infringement is:
Paul Higdon, Chief Administrative Officer of Global Room for Women Inc.
(a) Notice. GRW may provide you with notices, including those regarding changes to these Terms, by email, regular mail or postings on the Site. Notice will be deemed given when the email is sent to your last provided email address; on the date of mailing; or on the date of posting on the site.
(b) Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Wisconsin, without giving effect to any principles of conflicts of law.
(c) Jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state courts in and for Walworth County, Wisconsin and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.
(d) Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of GRW to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
(e) Severability. If any provision of these Terms shall be determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
(f) Assignment. The Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GRW without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
(g) Independent Contractor. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GRW as a result of these Terms or use of the Site. You further acknowledge that by submitting User Submissions or other Content, no confidential, fiduciary, and contractually implied or other relationship is created between you and GRW other than pursuant to these Terms.
(i) Survival. Sections 6, 7, 19, 20, 21, 22, 23 and 24 will survive any termination of these Terms.
(j) Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
(k) Entire Agreement. This is the entire agreement between you and GRW relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. The Agreement shall not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by GRW as set forth in Section 4 above.
(l) Claims. YOU AND GRW AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
(m) Disclosures. The services hereunder are offered by GRW, located at PO Box 760, Lake Geneva, Wisconsin 53147, email:
, telephone: 262-742-2064. If you are a Wisconsin resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Last Updated: June 24, 2010
Global Room for Women Inc’s Privacy Statement
COMMITMENT TO YOUR PRIVACY
THE INFORMATION GRW COLLECTS
GRW gathers several types of information about Site's users:
Voluntary Information Collection
When using the Site, you may voluntarily provide to GRW what is generally called "personally identifiable" information (such as your name, nationality, gender, date of birth, email address, occupation, employer, postal mailing address, home/mobile telephone number, credit card number, card verification value, and billing information), depending on what features and functionality of the Site you use and access. However, you are not required to provide any personally identifiable information unless you choose to access certain features of the Site that require such information. For instance, we ask users for certain personally identifiable information when you submit art work for online exhibitions. This personally identifiable information would include: name, nationality, date of birth, address, telephone, and email address. In addition, registered users may create a user profile on the Site that also requires submission of personally identifiable information, such as a logon ID. Finally, users may make purchases or online donations on the Site, and such purchases require additional personally identifiable information such as the user's credit card and billing information.
Usage Tracking and "Automatically Collected" Information
When you access the Site or open one of our emails, GRW may automatically record certain information from your system by using different types of tracking technology. This "automatically collected" information may include IP addresses, a unique user ID, the content and the pages that you access on the Site, and the dates and times that you visit the Site. GRW gathers this non-personal information through aggregated tracking information derived mainly by tallying page views throughout the Site. However, we do not correlate this information with the personal information of individual users.
THE WAY GRW USES INFORMATION
GRW uses the information that you provide or that we collect to operate, maintain, enhance, and provide the various features and services found on the Site, as well as to track user-generated content and users to the extent necessary to comply as a service provider with the Digital Millennium Copyright Act and other applicable laws.
More specifically, we use the personal information about you stored in our member database in various ways:
The personal information collected allows GRW to facilitate and track subscriptions to GRW;
The personal information collected allows GRW to enhance their teleconference programs to better serve its members;
The personal information collected allows GRW to collect member photos, art, videos, quotes, articles to populate the GRW website;
The personal information collected allows GRW to acknowledge receipt of your payments for tax purposes and to help prevent fraudulent transactions;
Furthermore, we may use your email address, without further consent, for administrative purposes such as notifying you of major Site updates, future programs, other GRW events, for customer service purposes, to address intellectual property infringement, rights of privacy, or defamation issues related to submitted content, and to provide security related notices. For some of these communications, you may choose to opt out of receiving them.
GRW uses aggregate information about how our Site is used (without specific identification to any particular user) to improve Site flow and usability, tailor our content to Site users' needs, and make it more responsive to our users' preferences. In addition, we track click-through information (e.g., IP addresses) to our site from the reports and emails sent to customers in order to gauge the effectiveness of our marketing campaigns and to discourage fraudulent use. Again, however, we do not correlate this information with the personal information of individual users.
GRW may use "automatically collected" information and "cookies" information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you access the Site; (b) provide customized third-party advertisements, content and information; (c) monitor and report on the effectiveness of third-party marketing campaigns; (d) monitor and report aggregate usage metrics such as total number of visitors and pages accessed; and (e) track your entries, submissions, and status in any promotions or other activities.
Consistent with the federal Children's Online Privacy Protection Act of 1998 (COPPA), we will never knowingly collect or maintain personally identifiable information on the Site from anyone under the age of 18, and no part of the Site is directed to persons under the age of 18. THIS SITE IS INTENDED FOR ADULTS AND THE EXCHANGE OF INFORMATION AND OPINIONS BETWEEN ADULTS. Any person who provides their personal information to the GRW through this Site represents that they are 18 years of age or older. If GRW learns that personally identifiable information of persons under the age of 18 has been collected on the Site without verifiable parental consent, then GRW will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under the age of 18 has obtained a Site account, then please contact GRW at mailto:
and request that GRW delete that child's personal information from its systems.
GRW TRANSFER AND INFORMATION SHARING POLICY
GRW adheres to the principle that all information created by, or on behalf of, an organization is the sole property of that organization, and GRW will not disclose, share, or transfer such information except on behalf of the organization.
GRW may disclose automatically collected and other aggregate non-personally-identifiable information to interested third parties to assist such parties in understanding the usage, viewing, and demographic patterns for certain programs, content, services, advertisements, promotions, and/or functionality on the Site.
GRW may disclose user information if required to do so by law or in the good-faith belief that such action is necessary to comply with state or federal laws (such as U.S. copyright or trademark law) or to respond to a court order, subpoena, judicial or other government requirement, or warrant in the manner requested by the requesting entity. In some cases, we may make such disclosures without first providing notice to users.
GRW also reserves the right to disclose user information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect GRW from fraudulent, abusive, or unlawful uses; is appropriate to carry out a user's request; to initiate, render, bill, and collect for amounts owed to GRW; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of the Site; or to protect the rights, property, or personal safety of GRW, our users, or others.
Merger or Bankruptcy
If GRW should ever file for bankruptcy or agree to an assignment for the benefit of creditors or have its assets sold to or merge with another entity, information GRW receives from you from this Site is a GRW asset and may be transferred.
You may, of course, decline to share your personally identifiable information with GRW, in which case GRW will not be able to provide you some of the features and functionality found on the Site. If you do not want to receive additional information from GRW, please uncheck the appropriate box or select "No" at the point at which GRW requests the information. You may update, correct, or delete your user information and preferences at any time by logging into the membership page of the Site with your user name and password. Furthermore, you may at any time remove your name and contact information from any mailing lists that GRW sponsors by notifying GRW at
To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. YOU ARE RESPONSIBLE FOR MAINTAINING THE SECRECY OF YOUR UNIQUE PASSWORD AND ACCOUNT INFORMATION AT ALL TIMES.
GRW does not provide your personally identifiable information to these third-party ad servers or ad networks without your consent. However, please note that if an advertiser asks GRW to show an advertisement to a certain audience or audience segment and you respond to that advertisement, the advertiser or ad-server may conclude that you fit the description of the audience that they were trying to reach.
INTERNATIONAL VISITORS AND CUSTOMERS
The Site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that you are transferring your personal data to the United States, which does not have the same data protection laws as the EU and other areas of the world. By providing your personal data you specifically and knowingly consent to:
the transfer of your personal data to the United States as indicated above.
GRW uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information. However, no data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make commercially reasonable efforts to ensure security on our systems. We use secure server software (SSL) and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software or any other physical, technical, or managerial safeguards that we implement.
If GRW learns of a security systems breach we may, but are not agreeing to, attempt to notify you electronically so that you can take appropriate protective steps. By using this Site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of this Site. GRW may post a notice on our Site if a security breach occurs. If this happens, you will need a web browser enabling you to view GRW's Site. GRW may also send an email to you at the email address you have provided to us in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing. To receive free written notice of a security breach, please notify us at
Credit Card Security
GRW is grateful for the support and donations that help us continue our valuable work, and ensuring your privacy in this area is of utmost concern to GRW. When you donate to GRW or purchase tickets to our programs online, your credit card information is secured by a reputable security company (IATS). Also, your credit card number is used only for that particular transaction and is not permanently stored. You will see the “closed” lock symbol in the lower part of your browser screen (often times it is yellow as well) when you are on our secure transaction pages. You will also notice in your web browser address bar that the domain name starts with an “https” on those donation pages. This means that information entered on those pages is encrypted for your security. If you have any questions regarding the security of your credit card donation online, please e-mail us
for more information.
CHANGES AND UPDATES
or contact us at:
Postal Mail Address:
Global Room for Women Inc.
PO Box 760
Lake Geneva, WI 53147
Attention: Chief Administrative Officer
Effective Date, Date Last Modified: