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Girls Action Network reserves the right to change or update the provisions of these Terms of Service (i) at any time, (ii) in its sole discretion, (iii) without notice to you, and (iv) with the changes being effective upon their posting on the GAN Site. You are responsible for reviewing any applicable changes. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE GAN SITE FOLLOWING NOTICE OF ANY CHANGES TO THESE TERMS OF SERVICE POSTED TO THE GAN SITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. You may wish to print these pages for future reference.
Service and Other Information
The GAN Site includes information, facts, databases, reports, advertising and opinions (collectively, “Information”) that is provided for informational purposes only.
Any views, analysis or opinions designated as those of Girls Action Network represent the views of Girls Action Network and do not necessarily represent the views of any of its employees, officers, directors, volunteers or sponsors.
By using the GAN Site, you can view information supplied by third parties (“Third Party Information”). Any such Third Party Information, and any services or products made available on or through the GAN Site by third parties, are those of the respective third parties and not of Girls Action Network. Girls Action Network does not endorse, or take responsibility for, any such Third Party Information, products or services.
The GAN Site, and all content included therein, including by not limited to all text, graphics, charts, indexes, databases, reports, logos, icons, images, software, HTML code and screens contained therein, is owned by or licensed to Girls Action Network and is protected by U.S. and international copyright and other intellectual property laws.
If you do post content or submit material, and unless we indicate otherwise, you grant Girls Action Network and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Girls Action Network the right to use the name that you submit in connection with such content. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; the use of the content you supply does not violate these Terms of Service and will not cause injury to any person or entity; and that you will indemnify Girls Action Network for all claims resulting from content you supply. Girls Action Network has the right but not the obligation to monitor and edit or remove any activity or content. Girls Action Network takes no responsibility and assumes no liability for any content by you or any third party.
Acceptable Use Policy
Girls Action Network grants you a non-exclusive, non-transferable, limited right to access, view, use, display and print information on this GAN Site for your personal, informational, noncommercial use only.
Except as expressly provided in these Terms of Service or as otherwise authorized in writing by Girls Action Network in advance of any use, you may not otherwise copy, modify, reproduce, reformat, create derivative works from, distribute, transmit, license, distribute, publish (including, but not limited to, on the Internet), rent, resell or make any commercial use of, alter, store for subsequent use or otherwise use any content or any portion of the GAN Site or any Information contained therein.
Without limiting the foregoing, you agree not to engage in unacceptable use of the GAN Site, which includes, without limitation, use of the GAN Site to:
- download, copy, store any Information for non-personal use, including, but not limited to, posting or making available such Information on an Internet website, whether in isolation or as part of a collection of Information;
- access or manipulate the coding of the GAN Site;
- disseminate or transmit "spam," unsolicited messages, chain letters or unsolicited commercial e-mail;
- disseminate or transmit material that to a reasonable person may be abusive, obscene, defamatory, invasive of privacy, harassing, grossly offensive, vulgar, threatening or malicious, or any content that is unlawful, is intended to be used for any unlawful purpose, is false or misleading, or that actually or potentially infringes or misappropriates the copyright, trademark, patent, trade secret or other right of any person, including Girls Action Network;
- create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication;
- interrupt, interfere, disrupt the GAN Site or any other computer network;
disseminate, transmit or post any content to the GAN Site or the coding of the GAN Site which contains viruses, “worms”, “Trojan horses” or any other malicious code, program or harmful properties;
- violate any applicable local, state, national or international law or regulation, or otherwise use the GAN Site for, or to further, any illegal purposes;
- falsify or delete any author attributions or proprietary or legal notices connected to the Information;
- harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
- engage in any other activity deemed by Girls Action Network to be in conflict with the spirit or intent of this agreement.
Compliance with Laws
Girls Action Network may investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Girls Action Network does not initiate, edit, modify, select, or designate specific recipients for any messages or other data entered into any part of the website by third parties, except that Girls Action Network reserves the right (but does not have the obligation) to review postings on the GAN Site, to remove any postings, and to terminate your ability to post to the GAN Site at any time without notice, in its sole discretion. Girls Action Network also reserves the right to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.
Links to Third-Party Sites
Opinions and other statements expressed by third parties are theirs alone, not opinions of Girls Action Network. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. The GAN Site and third parties may provide links to web pages, websites and various resources or locations on the Internet. Girls Action Network has no control over the information you access via such links, does not endorse that information, and shall not be responsible for it or for the consequences of your use of that information. All use of, or reliance on, such third-party websites, products and services is at your own risk.
Girls Action Network’s trademarks, logos, images, and service marks used on the site are the property of Girls Action Network and may not be used without permission from Girls Action Network and without proper acknowledgement.
Copyright Complaints and Designated Copyright Agent
THIS NOTICE IS SUBJECT TO MODIFICATION OR TERMINATION AT ANY TIME, WHETHER FOR CHANGES IN THE LAW OR AT THE CONVENIENCE OF GIRLS ACTION NETWORK, WITHOUT ADVANCE NOTICE. YOU MUST CHECK BACK FREQUENTLY TO ENSURE THAT YOU SEE A CORRECT, CURRENT VERSION OF THE NOTICE.
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c), a copyright owner or its authorized agent ("Complainant") may submit a notification alleging copyright infringement to Girls Action Network’s Designated Copyright Agent if Complainant has a good-faith belief that its works are being infringed by material subject to Girls Action Network’s control. To ensure receipt, Girls Action Network strongly recommends that Complainant send the notification by overnight mail. Girls Action Network will investigate proper notifications sent to:
Designated Copyright Agent: Elisa M. Westfield
Attn: Copyright Complaint
Debevoise & Plimpton LLP
919 Third Avenue
New York, NY 10022
Telephone: (212) 909-6182
Fax: (212) 909-6836
Email address: firstname.lastname@example.org
To be an effective notification of claimed infringement, there must be a written communication provided to the Designated Copyright Agent listed above that includes substantially the following:
(i) a physical or electronic signature of a person authorized to act on behalf of Complainant;
(ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single site are covered by a single notification, a representative list of such works at that 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 Girls Action Network to locate the material;
(iv) information reasonably sufficient to permit Girls Action Network to contact Complainant, such as an address, telephone number and, if available, an e-mail address at which Complainant may be contacted;
(v) A statement that Complainant 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 Complainant is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Girls Action Network will investigate the subject of a proper notice. If appropriate, Girls Action Network will remove or disable access to the allegedly infringing material and notify the entity that submitted such material ("Respondent"). Respondent may then send to the Designated Copyright Agent a proper counter-notification, in which case Girls Action Network may re-post or re-enable access to the allegedly infringing material between 10 and 14 days after receipt of the counter-notification, unless Complainant first notifies Girls Action Network that Complainant has filed suit to restrain Respondent from engaging in the alleged infringement. Mark the counter-notification "Attn: Response to Complaint" on the document and on the envelope, and send to the address above. To ensure receipt, Girls Action Network strongly recommends that Respondent send the counter-notification by certified mail.
A proper counter-notification MUST have at least the following information, or it may be IGNORED:
(i) a physical or electronic signature of a person authorized to act on behalf of Respondent;
(ii) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or access to it was disabled;
(iii) a statement, under penalty of perjury, that Respondent has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Respondent's name, address and telephone number, and a statement that Respondent consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, if Respondent's address is outside of the United States, Respondent consents to any jurisdiction where Girls Action Network may be found, and that Respondent will accept service if process originates from Complainant or Complainant's agent.
You agree to defend, indemnify and hold harmless, Girls Action Network and its affiliates, and each of their officers, directors, shareholders, employees, volunteers, agents, representatives information providers and licensors, from any claims, costs, losses, damages, judgments and expenses, including but not limited to reasonable attorneys’ fees and expenses, relating to or arising out of any breach of these Terms of Service, or any use of the GAN Site, by your or by any person using the GAN Site through you.
Disclaimer of Warranty
THE GAN SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER GIRLS ACTION NEWORK NOR ANY OF ITS OFFICERS, DIRECTORS, VOLUNTEERS, EMPLOYEES, AGENTS OR REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS REPRESENT OR WARRANT (i)THAT THE GAN SITE WILL MEET YOUR REQUIREMENTS OR BE ERROR FREE; (ii)THAT THE GAN SITE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY OR SECURE; (iii)THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE GAN SITE WILL BE FREE FROM VIRUSES, "WORMS", "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv)THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY INFORMATION OR MATERIALS PUBLISHED OR ACCESSIBLE ON OR OTHERWISE AVAILABLE THROUGH THE GAN SITE; OR (v)THAT THE GAN SITE OR ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR THROUGH THE GAN SITE DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY. GIRLS ACTION NETWORK AND ITS AFFILIATES HEREBY EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY, AND ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE GAN SITE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF GIRLS ACTION NETWORK, AND YOU HEREBY WAIVE AND RELEASE GIRLS ACTION NETWORK THEREFROM. YOU ACKNOWLEDGE THAT USE OF THE GAN SITE AND OF ANY INFORMATION OR MATERIALS ACCESSIBLE ON OR THROUGH THE GAN SITE IS ENTIRELY AT YOUR OWN RISK.
Limitation of Liability
IN NO EVENT WILL GIRLS ACTION NETWORK, OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS GAN SITE, OR ANY WEBSITE LINKED TO THE GAN SITE, BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE GAN SITE OR ANY SITE LINKED TO THIS GAN SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE. IN NO EVENT SHALL GIRLS ACTION NETWORK OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS, LICENSORS OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS GAN SITE OR ANY THIRD PARTY BE LIABLE TO YOU OR ANY OTHER PERSON FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES ARISING UNDER OR IN ANY WAY RELATED TO THE GAN SITE, INCLUDING ANY PART THEREOF, OR ANY OTHER CONTENT, (INCLUDING LOST PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE GAN SITE) EVEN IF GIRLS ACTION NETWORK OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
GIRLS ACTION NETWORK RESERVES THE RIGHT TO ALTER THE CONTENT OF THE GAN SITE IN ANY WAY, AT ANY TIME, FOR ANY REASON, WITHOUT PRIOR NOTIFICATION, AND WILL NOT BE LIABLE IN ANY WAY FOR POSSIBLE CONSEQUENCES OF SUCH CHANGES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF GIRLS ACTION NETWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, GIRLS ACTION NETWORK’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL GIRLS ACTION NETWORK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED TWENTY-FIVE DOLLARS ($25.00).
Choice of Law and Forum
These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, excluding its conflict of law rules. You expressly consent and agree to submit to the exclusive jurisdiction and venue of the United States District Court for the Southern District of New York or, for matters not susceptible of adjudication in the federal courts, the courts of the State of New York located in New York County, in all disputes arising out of or relating to the use of this GAN Site.
You agree that Girls Action Network, in its sole discretion, may terminate your access to the GAN Site, or any portion thereof, without notice for any reason, including but not limited to if Girls Action Network believes that you have breached these Terms of Service. Girls Action Network may, in its sole discretion at any time, change the content or services offered on the GAN Site or discontinue providing the GAN Site, or any portion thereof, without notice.
These Terms of Service, as Girls Action Network may amend them from time to time, including all agreements and policies incorporated by reference herein, constitute the complete and exclusive agreement between Girls Action Network and you with respect to the subject matter hereof and supersede all prior discussions, understandings and agreements with respect to the subject matter hereof. If any provision of these Terms of Service is determined by a court of competent jurisdiction to be invalid, all other provisions shall remain in full force and effect. Girls Action Network's failure to enforce the strict performance of any provision of these Terms of Service will not constitute a waiver of Girls Action Network's right to subsequently enforce such provision or any other provision of these Terms of Service. No waiver of any provision of these Terms of Service shall be effective unless in writing.
If you have any questions about these Terms of Service or about Girls Action Network, Inc., you can contact us at:
Girls Action Network, Inc.
244 Fifth Avenue
New York, NY 10001
Email address: email@example.com