Girls on Fire Terms of Service Agreement
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1. Introduction.
Thank you for reviewing our Terms of Service Agreement (hereinafter the “Agreement”) for the girlsonfireignite.org website. This Agreement applies to persons who visit, contact, or otherwise use the girlsonfireingite.org website (“Users”). If you do not agree to be bound by the terms and conditions of this Agreement, do not use or access the website (hereinafter referred to collectively as “Girls on Fire” or “the Site”).
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2. About Girls on Fire.
This site is for Girls on Fire to have an online presence. The Girls on Fire website provides an online community for girls and women. The website also provides the ability to book educational seminars, purchase merchandise to support fundraising efforts, and exchange the necessary personal and business information to create partnerships between Girls on Fire and donors, volunteers, officers and other members. Nothing on this Site should be interpreted as giving any professional advice or providing any professional expertise. Anything displayed or written is for informational purposes only. The content represents the views of the authors only.
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3. Availability and Eligibility.
Our Site and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law or by individuals between the ages of thirteen and eighteen with their parent’s permission. This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. If you do not qualify, please do not use our Site.
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4. User’s Responsibilities and Acknowledgements.
As a User/visitor you are obligated to read this Agreement and our Privacy Policy You agree to read and be bound to the terms of this Agreement and those of our Privacy Policy and other policies we have now or may adopt in the future.
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5. Restricted Activities.
You are prohibited from any use of the Site or its contents that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Your information and activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, or use curse words or profanity; (f) contain any viruses, Trojan horses, or the like, or other computer programming routines that may damage or interfere with the Site; and (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers. You may not copy, reproduce, modify, create derivative works from, distribute or publicly display any Site content or User information without the prior expressed written permission of Girls on Fire and the appropriate third party, as applicable.
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6. Breach.
Without limiting other remedies, we may limit your activity, issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide our services to you if, within our sole and independent judgment: (a) you breach, or we anticipate that you are about to breach, this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe in our sole opinion that your actions may cause financial loss or legal liability for you, our Users or us. We can also terminate this Agreement and your access to the Site at any time, with or without cause.
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7. Privacy.
We only use and disclose your information as described in our Privacy Policy. Our current Privacy Policy is available at www.girlsonfireignite.org/policies. The Site may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes.
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8. Links to Third Party Sites.
There may be links established between this Site and other sites on the World Wide Web and Internet which are not under the control of, or maintained by, Girls on Fire. Such links do not necessarily constitute an endorsement by Girls on Fire of those sites. Girls on Fire undertakes no obligation to monitor such sites, and you agree that Girls on Fire is not responsible for the content of such sites or any technical or other problems associated with any such third-party Sites, Links or usage.
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9. Intellectual Property.
The Site contains intellectual property that is protected by the laws of the United States as well as international law. You may not publish, re-transmit, distribute, or otherwise make unauthorized use of the material on the Site except as permitted under the applicable laws. The Girls on Fire website provides an online community for girls and women. Girls on Fire has the right but not the obligation to monitor and/or remove any content on the Site.
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10. DMCA Policy
Girls on Fire takes claims of copyright infringement very seriously. Upon confirming a suspected copyright infringement, our designated agent will submit a claim of copyright infringement to Wix.com and immediately remove or suspend the content for which the claim was written. In accordance with the Digital Millennium Copyright Act (“DMCA”), Girls on Fire has designated an agent to closely monitor User activity to detect copyright infringement. If you believe that your copyrighted work is being infringed, notify the designated agent by sending a message using the Contact form or admin@girlsonfire.org. The Digital Millennium Copyright Act requires that all infringement claims must be in writing and must include the following information: A description of the copyrighted work claimed to have been infringed; A description of the infringing material and information reasonably sufficient to permit Girls on Fire to locate the material; Your contact information, including your mailing address, telephone number, and email address; A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.
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11. Email Policy.
Please be advised that if you provide us with your email address, you have expressly granted us the right to contact you via email.
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12. Disclaimer of Warranties.
WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS PROVIDE OUR WEBSITE AND SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOUR USE OF THIS SITE AND ANY PRODUCTS DOWNLOADED OR OTHERWISE OBTAINED AFTER VIEWING THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state. IN ADDITION, WE SPECIFICALLY DISCLAIM ALL WARRANTIES THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; WILL BE ACCURATE, ADEQUATE, RELIABLE, COMPLETE, AND WE DISCLAIM THE USEFULNESS OF ANY OF THE CONTENT. WE DISCLAIM LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT; ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF GIRLS ON FIRE . ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, GIRLS ON FIRE DISCLAIMS ANY AND ALL SUCH WARRANTIES.
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14. General Release.
IF A DISPUTE ARISES BETWEEN ONE OR MORE USERS, EACH OF YOU AGREE TO RELEASE GIRLS ON FIRE , OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. YOU WAIVE THE PROTECTIONS AFFORDED BY CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF THIS AGREEMENT, AND THAT WITHOUT SUCH WAIVER, THIS AGREEMENT WOULD NOT HAVE BEEN ENTERED INTO BY WWW.GIRLSONFIREIGNITE.COM.
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15. Limitation of Liability.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, CONTRACTORS AND SUPPLIERS, BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING, INCLUDING NEGLIGENCE, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND/OR YOUR USE OF THE WEBSITE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF A) THE AMOUNT OF FEES YOU PAY TO US IN ANY ONE YEAR OR B) $100. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT GIRLS ON FIRE ‘S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
16. Indemnity.
You agree to indemnify and hold us and our officers, directors, agents, employees, contractors and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or accruing from your use of the Site.
17. Dispute Resolution.
You agree that any controversy or claim arising out of or relating to this Agreement and/or your use of the website, except for matters exclusively between registered or authorized users and not involving GIRLS ON FIRE, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted exclusively in Minnesota and the judgment on the arbitration award may be entered in any court having jurisdiction thereof. Either you or GIRLS ON FIRE may seek any interim or preliminary relief exclusively from a court of competent jurisdiction in Minnesota necessary to protect the rights or property of you or GIRLS ON FIRE pending the completion of arbitration.
18. Licenses.
GIRLS ON FIRE grants a limited license to each participant to make personal use only of the Site in accordance with this Agreement. This license expressly excludes, without limitation, any reproduction, duplication, sale, resale or other commercial use of the Site and the Services, making any derivative of the Site or the Services, the collection and use of participant e-mail addresses or other participant information, or any data extraction or data mining whatsoever. You agree that you will not compile, reproduce, republish or resell for any commercial purpose any information on our Site.
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19. Waiver.
Failure by GIRLS ON FIRE to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
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20. Right to Change this Agreement.
GIRLS ON FIRE reserves the right to change any of the terms and conditions contained in this Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole and independent discretion. Any changes will be effective upon the posting of the changes on the Site. You are responsible for reviewing the changes. Changes to referenced policies and guidelines may be posted without notice to you. Your continued use of this Site and the Services following GIRLS ON FIRE posting of any changes will constitute your acceptance of such changes or modifications. If you do not agree to any changes to this Agreement, do not continue to use the Services or this Site.
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21. General Provisions.
This is the entire Agreement governing the use of the GIRLS ON FIRE Site. No delay by either party shall waive rights under this Agreement. This Agreement is governed by, and to be construed in accordance with, the laws of the State of Minnesota, without regard to that state’s conflict of laws provisions. By using the Site you expressly agree that personal jurisdiction and venue are proper exclusively in the state and federal courts located in Minnesota. No waiver of any breach of this Agreement shall be a waiver of any other provision of this Agreement, and no waiver shall be valid unless in writing signed by the parties. If any provision of this Agreement is held invalid, such provision shall be restated to reflect, as nearly as possible, the original intention of GIRLS ON FIRE in accordance with applicable law and the remainder of the Agreement shall remain in full force.
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22. Contact GIRLS ON FIRE.
You can contact GIRLS ON FIRE using the Contact Form on our website. You agree that you will notify GIRLS ON FIRE in writing of any claim or dispute concerning or relating to the Site and the information or services provided through it and give GIRLS ON FIRE a reasonable period of time to address it before bringing any arbitration or legal action.
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