Updated September 23, 2014
Introduction: Consent to Terms
By using the Grads of Life website, including participating in related Grads of Life social networking features, Submitting User Materials (see full definition of User Materials under “Copyright and Other Intellectual Property Rights; User Content; License”, Section (b) below through Grads of Life website, the Contact Us page or other means), you agree NOT to engage in the following activities:
- Harassing, threatening, embarrassing, or causing distress or discomfort upon another individual or entity, impersonating any other person or entity, or otherwise restricting or inhibiting any other person from using or enjoying the Site;
- Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information, trade secrets, or intellectual property rights of others;
- Using any automated device, spider, robot, crawler, data mining tool, software, or routine to access, copy, or download any part of the Site, unless expressly permitted by GoL;
- Taking any action creating a disproportionately large usage load on the Site, unless expressly permitted by GoL;
- Engaging in disruptive or damaging activities while using the Site, including excessive use of scripts, sound waves, scrolling, or use of viruses, bots, worms, time bombs, Trojan horses, or any other destructive element;
- Gaining or attempting to gain unauthorized access to non-public, private, or subscription-based areas of the Site;
Using the Site in any way that violates or causes or results in a violation of any law or regulation;
- Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative, or illegal activity; and
- Using the Site for any commercial use and benefit, including, without limitation, any resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
Copyright and Other Intellectual Property Rights; User Content; License.
You may download or print content, provided that (i) you include without modification all copyright and other proprietary notices contained in the content; (ii) you do not modify the content; (iii) you do not use the content in a manner that suggests that GoL promotes or endorses your, or any third party’s, causes, ideas, web sites, products or services; and (iv) you do not use the content in any way that is unlawful or harmful to any other person or entity. No quotes from any material on the GoL Site may be used in any media without attribution to GoL.
(b) User Materials. By uploading files, inputting data, or submitting content (“User Materials”) through the Site, you are granting GoL a royalty-free, irrevocable, transferable, perpetual, nonexclusive, unrestricted, worldwide license to (i) use, copy, sublicense (through multiple tiers), adapt, edit, modify, translate, reformat, distribute, transmit, publicly perform, display, reproduce or create derivative works in any form of media or technology now known or later developed or invented, and (ii) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted. You understand, acknowledge, and agree that GoL shall have the right to record, reproduce or use by any means whatsoever any User Materials supplied by you to GoL or the Site. You further understand, acknowledge, and agree that certain User Materials supplied by you may depict or contain information, including, without limitation, your name, photograph, likeness, physical appearance, or other facts about you. Except as provided in any other agreement(s) you may have with GoL, you hereby grant GoL the right to use and to authorize others to use in perpetuity such User Materials. Except as provided in any other agreement(s) you may have with GoL, you further understand, acknowledge, and agree that GoL shall have the exclusive right to edit, modify, add to, juxtapose or delete the User Materials, or any part thereof. GoL may, but is not obligated, to use the User Material in connection with the Site. Except as provided in any other agreement(s) you may have with GoL, you consent to, waive, and release any claims and rights that you might have to review, inspect, edit, or approve any use of the User Materials. You also represent and warrant that such User Materials are wholly original and are not copied in whole or in part from any other work and do not infringe upon any statutory or common law, copyright, right of publicity, right of privacy, proprietary right, or any other right of any person, firm, or corporation and that you have the full power and authority to grant the rights herein granted to GoL. GoL shall own all rights in any and all User Material and any and all uses it has made thereof and may obtain, in its name, or otherwise, a copyright therefor of or including any or all aspects of the User Materials. You represent and warrant that all the User Materials are free and clear of any rights held by any other individual or entity and may be exploited consistent with the terms hereof.
(c) Posting. You acknowledge, understand, consent to, and agree that anything you submit on the Site or related Grads of Life social media platforms may be publicly available on the Internet and/or stored on GoL’s servers and accordingly you have no expectation of privacy with regard to such use of the Site. “Post” or “posting” shall mean reproducing or placing in a format so that content or information may be viewed on the Site. You understand, acknowledge, and agree that all content contained in any submission is subject to GoL’s approval. You hereby understand, acknowledge, and agree that GoL, in its sole discretion, may refuse to post any content you submit for any reason or no reason at all. You further understand, acknowledge, and agree that, if GoL refuses to post any content you submit, you have no recourse and hereby waive any that you may have had. You further acknowledge, understand, consent to, and agree that such postings for are for the public and not intended as private communications. You make such disclosures at your own risk. If a posting comes from your account, you agree to abide by these standards: (i) the posting does not interfere with anyone else’s use or enjoyment of the Site; (ii) the posting is not harmful, illegal (or encourage illegal activity), defamatory, offensive, or otherwise threatening in any way; (iii) the posting does not violate anyone else’s intellectual property right or privacy right; (iv) the posting does not contain a virus or any other harmful component; or (v) the posting is not premised on false or misleading statements of fact or descriptions. If you believe that your account has been compromised and that another person has posted on your account without your permission, please notify GoL immediately by emailing email@example.com. You hereby grant GoL a non-exclusive, perpetual, worldwide license to anything you post on the Site or related Grads of Life social media platforms.
Dealings With Advertisers And Other Users
Your correspondence or business dealings with, or participation in promotions of, advertisers and other third parties found on or through the Site, including payment for and delivery of related goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You agree that GoL shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or third parties on the Site.
GoL encourages and permits links to content on the GoL Site. However, the linking should not (i) suggest that GoL promotes or endorses any third party’s causes, ideas, web sites, products or services; or (ii) use GoL content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link.
Links to Third Party Sites and Services
The Site may provide advertisements, postings and links to websites operated by other parties. The Site provides these advertisements, postings and links as a convenience, and your use of other websites is at your own risk. The advertisements, postings and linked websites are not under the control of GoL, which is not responsible for their content or privacy practices. Such advertisements, postings or links or references to other parties’ products or services do not imply GoL’s endorsement of information, material, products or services of any other party or any other website. GoL disclaims all liability with regard to your access to and use of such information, material, products or services or transactions with such linked websites or other parties. You acknowledge and agree that GoL is not responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other website or resource.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GoL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. GoL DOES NOT WARRANT THE ACCURACY, CURRENCY, OR COMPLETENESS OF ANY CONTENT OR INFORMATION AVAILABLE THROUGH THE SITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK. GoL ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO PROVIDE ANY CONTENT OR TO STORE ANY PERSONALIZED SETTINGS OR USER MATERIALS.
GoL MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL CODE. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE IS DOWNLOADED AND USED AT YOUR SOLE DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT.
Limitation on Liability
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, GoL SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GoL HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SITE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE GoL SITE; OR (V) ANY OTHER MATTER RELATING TO THE SITE.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY SHALL BE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Choice of Law
No Third Party Beneficiaries