TERMS OF USE

Updated September 23, 2014

Introduction: Consent to Terms

THESE TERMS OF USE ARE A LEGAL AND BINDING AGREEMENT BETWEEN YOU AND Grads of Life (its affiliates, subsidiaries, and partners, collectively, “GoL,” “we,” “us,” and “our”), housed at the Communications Consortium Media Center, governing your use of this Site, GradsofLife.org. Please read these Terms of Use before you continue to using this Site.

 

By using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms of Use, including the Privacy Policy. If you do not agree to these Terms of Use and the Privacy Policy, please contact info@gradsoflife.org. You shall also be subject to any additional terms posted with respect to individual sections of the Site. If at any time you do not agree with these Terms of Use, please exit the Site immediately.

 

We reserve the right, at our discretion, to modify, add or delete portions of these Terms of Use at any time by posting updated Terms of Use and/or an updated Privacy Policy of this Site. Please check these Terms of Use and the Privacy Policy frequently for updates. Any modifications, additions or deletions to these Terms of Use or the Privacy Policy shall be effective immediately upon posting. Your continued use of the Site following the posting of updated Terms of Use or an updated Privacy Policy will mean that you agree to those changes.


User Conduct

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:

  1. 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;
  2. Interfering with or infringing the patents, copyrights, trademarks, service marks, logos, confidential information, trade secrets, or intellectual property rights of others;
  3. 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;
  4. Taking any action creating a disproportionately large usage load on the Site, unless expressly permitted by GoL;
  5. 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;
  6. Gaining or attempting to gain unauthorized access to non-public, private, or subscription-based areas of the Site;
  7. Attempting to: decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up all or any part of the Site; modify any meta data; copy or duplicate in any manner any of the content; link to the Site, its content or information available from the Site (except as authorized by these Terms of Use); use any data mining or extraction; interfere with or inhibit any portion of the Site, including any other user’s use of any part of the Site.
  8. Using the Site in any way that violates or causes or results in a violation of any law or regulation;
  9. Using the Site to engage in or assist another individual or entity to engage in fraudulent, abusive, manipulative, or illegal activity; and
  10. 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.

Privacy Policy

Please review the Privacy Policy for the Site, setting forth how certain information about you and your use of the Site is collected, used, and stored. Your use of the Site constitutes acknowledgment and agreement with our Privacy Policy. You further acknowledge, understand, and agree that GoL may use your personal information in the manners described in its Privacy Policy. If you do not agree with the Privacy Policy, you are not authorized to use the Site.


Copyright and Other Intellectual Property Rights; User Content; License.

(a) Copyright and other Intellectual Property Rights. All materials on the Site, including without limitation, logos, images, text, illustrations, audio and video files, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials, as well as their selection and arrangement are protected by copyrights, trademarks, service marks, trade dress, and/or other proprietary rights which are either owned by or licensed to GoL or owned by other parties who have used and posted on the Site (or allowed GoL to do the same). Materials from the Site and from any other web site owned, operated, controlled, or licensed by GoL may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior written consent of GoL, except as provided below. All rights not expressly granted in these Terms of Use are reserved to the GoL.

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 info@gradsoflife.org. 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.


Links

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.


Indemnity

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD GoL AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, MEMBERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, ADVERTISERS, CO-BRANDERS AND OTHERS ACTING IN CONCERT WITH THEM, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (I) YOUR USE OF OR RELIANCE ON THE SITE OR ANY CONTENT OR SERVICES, YOUR DEALINGS IN CONNECTION WITH THE SITE, OR YOUR SUBMISSION(S) OR ANY MATERIALS YOU SUBMIT OR TRANSMIT TO THE SITE OR TO GoL; (II) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF GoL OR ANY THIRD PARTY; AND (III) ANY ACTIVITY RELATED TO YOUR USE OF RESTRICTED AREAS, OR ANY OTHER PERSON ACCESSING THE SITE USING YOUR ACCOUNT.


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.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM GoL OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.


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

Any dispute between you and GoL arising out of or relating to these Terms of Use, the Privacy Policy, the Site or its content shall be governed by, and will be construed in accordance with, the laws of the District of Columbia, U.S.A., without regard to choice of law principles.


No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms of Use, there shall be no third party beneficiaries to these Terms of Use. You may not assign or transfer your rights or obligations under these Terms of Use without the prior written consent of GoL, and any assignment or transfer in violation of this provision shall be null and void.


General Information

Entire Agreement. These Terms of Use, together with the Privacy Policy, set forth the entire understanding and agreement between you and GoL with respect to the subject matter hereof, and supersede any prior agreements, oral or written, between you and GoL.

Waiver and Severability of Terms. The failure of GoL to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Section Titles. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.


Violations

You agree that you will report any violations of these Terms of Use to: info@gradsoflife.org