Last Updated Date: October 3, 2016
Girls Who Code Inc., a 501(c)(3) registered not-for-profit (“Girls Who Code” “GWC” or “we”) provides certain services through GWC’s proprietary mobile software application (the “App”). The App is also referred to herein as the “Services.”
YOU ACKNOWLEDGE AND AGREE THAT, BY DOWNOADING THE APP, ACCESSING AND OTHERWISE USING THE SERVICES (INLUDING WITHOUT LIMITATION BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SERVICES), YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY, THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES OR ANY COMMUNITY CONTENT.
The Services are intended solely for persons who are 13 or older. If You accept these Terms, You represent that You have the capacity to be bound by it. Any access to or use of the Services by anyone under 13 is expressly prohibited. By accessing or using the Services, you represent and warrant that you are 13 or older. You hereby commit to inform us immediately should you become aware that a person under 13 is either using the Services
“Community Content” means, collectively, Girls Who Code Content and Member Content.
“Content” means text, graphics, images, software, audio, video, information or other materials.
“Girls Who Code Content” means Content that GWC makes available through the Services, including any Content licensed from a third party, but excluding Member Content.
“Member” means a person who completes our account registration processes, as described under the “Account Registration” section below.
“Member Content” means user generated Content that a Member posts, uploads, selects, publishes, submits or transmits to be made available through App.
GWC reserves the right, at its sole discretion, to modify, discontinue or terminate the Services, in whole or in part, or to modify these Terms, at any time. If we modify these Terms, we will post the modified version on the App or provide you with email notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. Such modified Terms shall enter into effect 7 days from the earlier of (i) posting of the modified Terms or (ii) if applicable, providing you with email notice of the modification. By continuing to access or use the Services in any manner after such 7-day period, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to entirely cease using the Services and any and all Community Content.
- USING THE GWC SERVICES
3.1 Introduction The App is a community-building mobile application available on iOS and Android that supports Girls Who Code program students and graduates (aka alumni) as well as other stakeholders in the Girls Who Code community. The App networks, informs, and celebrates Girls Who Code alumni, and provides Girls Who Code and its partners with a direct channel for communicating with and supporting students. You can use the Services to interact with the GWC alumni community, access Community Content, ask for and provide help on computer-science related topics such as Java and other code, Robotics, Job and Internship Search and Opportunities, College Applications and more.
Loops are program and topic-based conversations made up of different posts, comments and actions. Use loops for asking important questions, sharing your accomplishments, providing insightful observations and giving advice. Posts use the “Raised Hands” action button to indicate a question. You can filter Loop posts according to the Raised Hands button or see all posts in your Loop.
We created loops to be a productive, welcoming, safe environment for people to interact about the issues related to coding. Your participation in oops are governed by our Community Guidelines and General Prohibitions.
PLEASE NOTE THAT THE MEMBER CONTENT IS BASED UPON INFORMATION PROVIDED BY MEMBERS. IF YOU RELY ON ANY MEMBER CONTENT OR RESPONSE TO ANY QUESTION, YOU DO SO IN YOUR OWN DISCRETION AND NOT AS A RESULT OF ANY ACTION ATTRIBUTABLE TO GWC.
If you choose to share content off the Services, you agree (i) not to misrepresent your relationship with GWC to any third party or make any warranty or representation on behalf of GWC; and (ii) to comply at all times with these Terms and applicable law.
You acknowledge that GWC shall not be liable for user generated Member Content, the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing resulting from your actions, which are governed by our Community Guidelines and General Prohibitions, rests entirely with you. You hereby waive any right to bring any resulting claim with respect to defamation or privacy violation and agree that your only remedy is to delete your Member Profile and cease using the App, which is a sufficient remedy to any purported grievance hereunder.
3.3 Private and Public Loops When you register for the App, you will be automatically placed in one or more loops associated with your GWC Clubs and Summer Internship Programs (“Private Loops”) where you can post and comment on other Member posts. Private Loops are only accessible to those Members who have been granted access by Us. For instance, those who were part of your GWC program,nd other non-alumni Members of the GWC community might be part of a Private Loop, or other loops might be accessible only to GWC Teachers or Staff Members or other discrete groupings in our sole discretion. You will also be permitted to select additional loops to join based on location and selected interests (“Public Loops”). These loops are accessible to all Members of the GWC community.
3.4 Notifications You will receive in-app event-based notifications when i) someone leaves a comment on a post you’ve made; ii) someone leaves a comment on a post you’ve commented on; iii) someone leaves a comment on a post you’ve saved; or iv) someone makes a new post in a Private Loop you belong to. You can modify your notification settings for each of these instances at any time by going into the App notification settings.
GWC may sponsor and run sweepstakes, contests and similar promotions (collectively,“Promotions”) through the Services. You should carefully review any additional terms and conditions governing each Promotion (“Official Rules”). To the extent that the terms and conditions of such Official Rules conflict with these Terms for a Promotion only, the Official Rules will govern for the Promotion in question.
- ACCOUNT REGISTRATION PROCESS
To register and receive a Member account, you must provide Us the same email address that GWC has on record for you so that we may verify you as a member of the GWC community that is 13 or older. If you are unable to provide the same email address or are having other problems with your registration, please contact email@example.com
In the event you provide any additional profile information, you agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Member account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your Member account and mobile phone password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Member account, whether or not you have authorized such activities or actions. You will immediately notify GWC of any unauthorized use of your Member account.
- MEMBER PROFILES
Once you have registered, a profile will be automatically created for you based on the GWC information on record associated with the email address you provided. Member Profiles are accessible and publicly viewable to other users of the Services. You will be able to add a photo, which you can change or remove at any time, and if necessary, to edit or modify the profile information at any time by contacting us at firstname.lastname@example.org.
- COMMUNITY GUIDELINES AND GENERAL PROHIBITIONS
6.1 Community Guidelines:
Member Content is governed by our Community Guidelines, which are subject to modification. Our Community Guidelines contained in this Section 6.1 are designed to clarify what is and is not acceptable content to ensure insightful and positive discussion. If you believe you will have trouble following our Community Guidelines, please do not use our Services.
WHAT TO DO:
Participate: The App is a great way to stay connected to the GWC Community, get help with your coding projects, stay up to date on events and content that is relevant to you and much more.
Be Polite. The GWC loop community is a diverse community of people who are 13+. Offensive, insulting, violent, obscene or content deemed to be inappropriate by GWC in its sole discretion will not be tolerated and could result in the termination of your registration with the Services.
Stay on Topic. We ask that you keep the content you post relevant to the Loop that you are participating in.
Be responsible. We ask all members of the GWC community to monitor and report through the flagging system any Member Content that violates the spirit of our Guidelines. Only share content you have the right to share. If you are not sure or have questions about this, contact us at email@example.com
WHAT NOT TO DO:
When contributing, posting, uploading, publishing or transmitting Member Content or interacting with the Services in any other way, do not do any of the following, each of which shall be considered a violation of this Acceptable Use Policy:
- Do not threaten, bully, stalk or harass others. We do not tolerate any content that is abusive, threatening, defamatory, bullying, or harassing.
- Do not participate in any manner intended to obtain personal information deceptively from a third party.
- Do not post hate speech. This includes any Member Content that attacks people based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability or medical condition.
- Do not create content that is defamatory, slanderous or libelous.
- Do not use obscenity or reference violence or sex.
- Do not promote or glorify self-harm.
- Do not organize acts of violence, vandalism, theft or other criminal activity, or recruit for or support organizations with a record of violent criminal or terrorist activity. We will inform the authorities as we deem appropriate.
- Do not promote, glamorize, encourage or depict illegal or harmful activities or substance use (including cigarettes and alcohol);
- Do not use images or language that is offensive to the online community;
- Do not share copyrighted text, images or confidential code;
- Do not provide any information about illegal activities including, but not limited to: provision or creation of malicious software, solicitation, prostitution, or the creation or purchase of illegal weapons.
- Do not engage in fraud or phishing.
- Do not spam and do not self-promote.
- Do not ask for private financial information, including bank account details or other payment-related data.
- Do not provide any personal information that could identify you or others, such as your phone number, home address, email address, Social Security Number, etc.
- Do not automatically, systematically or programmatically post repetitive comments and do not engage in service manipulation in order to self-promote. This extends to commercial spam comments intended to drive traffic to other sites, such as discount codes or URLs to websites, and as well as to any content that alerts users to unauthorized sweepstakes or giveaways.
- Do not disrupt, interfere with, or otherwise exploit any aspect of the Services offered by GWC.
All Member Content must respect copyrights, trademarks, rights of publicity and privacy and other legal rights. We comply with the Digital Millennium Copyright Act. Please see Section 10 “Copyright Policy” for more information.
6.1.1 Community Moderation: You acknowledge that GWC, does not, cannot, and has no obligation to monitor or moderate your access to or use of the Services or to review or edit any Community Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. GWC reserves the right, at any time and without prior notice, to remove or disable access to any Community Content that GWC, at its sole discretion, considers to be in violation of these Terms or otherwise harmful to the Services. You further agree that if you see content that violates our Community Guidelines, you will flag it for moderation using the in-App functionality.
6.2 General Prohibitions:
You agree not to directly or indirectly do any of the following:
- Post, upload, publish, submit or transmit any Content that: (i) violates any of the above-mentioned Community Guidelines; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would otherwise give rise to civil or criminal liability;
- Do not use, display, mirror or frame the Services, or any individual element within the Services, GWC’s name, including, but not limited to, the “Girls Who Code”, trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without GWC’s express written consent;
- Do not use the information available through the Service for any unauthorized or unlawful purpose.
- Do not interfere with or damage our Service, including, without limitation, through the use of viruses, cancel bots, trojan horses, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology, including methods that in any way reproduces or circumvents the navigational structure or presentation of the Service or its contents,
- Do not copy or modify any software on the Service;
- Neither you nor any party, person, or computational agent in any way related to you, will automatically crawl, scrape or otherwise extract information from this App.
- Do not access, tamper with, or use non-public areas of the Services, GWC’s computer systems, or the technical delivery systems of GWC’s providers;
- Do not attempt to probe, scan, or test the vulnerability of any GWC system or network or breach any security or authentication measures;
- Do not avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GWC or any of GWC’s providers or any other third party (including another user) to protect the Services (including without limitation any Community Content);
- Do not attempt to access or search the Services or download Community Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GWC;
- Do not use the Services (including without limitation any Community Content) for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms;
- Do not attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Do not interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;
- Do not collect or store any personally identifiable information from the Services from other users of the Services without their express permission;
- Do not impersonate or misrepresent your affiliation with any person or entity;
- Do not encourage or enable any other individual to do any of the foregoing.
The above list is only a partial list of activity and content prohibited on the Services. GWC will have and expressly reserves the right to investigate and prosecute violations of any of the above or similarly prohibited activity to the fullest extent of the law. GWC may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
6.3 Community Guidelines and General Prohibitions Violations
You agree to be bound by our Community Guidelines and General Prohibitions. You acknowledge that any violation of our Community Guidelines or General Prohibitions can result in our i) deleting the inappropriate content, ii) disabling or terminating the offender’s account and, where appropriate, iii) informing the authorities.
- THIRD PARTY PROVIDERS
In order to download the App, you may be required by third parties who are providing services in connection with the App, such as Apple, Inc. or Google (each, a “Service Provider”) to create an account and/or consent to their Terms of Service. You are solely responsible for maintaining the security of any logins, passwords, or other credentials that you select or that are provided to you to access your account with any Service Provider. Your access and use of any account with a Service Provider, including without limitation in connection with the Services, is subject to any terms, conditions, and policies, including privacy policies, of that Service Provider. We are not responsible for any act or omission of any Service Provider. We do not provide you with the equipment to access or use the Service. You are responsible for all fees charged by third parties to access and use the Service (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsible for the payment of all applicable fees associated with any Carrier service plan you use in connection with your access and use of the Service (such as voice, data, SMS, MMS, roaming, other applicable fees charged by the Carrier). Accordingly, you should use care in selecting a service plan offered by your Carrier. If your device is lost or stolen, you should notify us immediately.
- INTELLECTUCAL PROPERTY OWNERSHIP AND LICENSING
9.1 Ownership The App, GWC Content and operating name of Girls Who Code are protected by copyright, trademark, and other laws of the United States. You acknowledge and agree that the App and GWC Content, including all associated intellectual property rights, are the exclusive property of GWC and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App or any Community Content.
9.2 Licenses Granted by GWC to GWC Content and Member Content
Subject to your compliance with the terms and conditions of these Terms, GWC grants you a limited, non-exclusive, non-transferable license: (i) to view, download and print any GWC Content solely for your personal and non-commercial purposes; and (ii) to view any Community Content to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services or any Community Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by GWC or its licensors, except for the licenses and rights expressly granted in these Terms.
9.3 License granted by Member
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content.
By making available any Member Content on or through the Services, you hereby grant to GWC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such Member Content (i) on, through or by means of the Services and (ii) for GWC’s promotional and commercial purposes. For example (but not by way of limitation), GWC may perform itself, or share Member Content contained with third parties, or provide or license such Member Content to third parties, which may or may not be combined with GWC Content or other information, in order to promote the Services. GWC will not otherwise use or exploit your Member Content in a manner that identifies you individually (i.e. your name and identifying information will be removed from the applicable Member Content) without your consent.
BY MAKING AVAILABLE ANY MEMBER CONTENT ON OR THROUGH THE SERVICES AND BY BEING A MEMBER, YOU AGREE THAT GWC MAY USE SUCH MEMBER CONTENT, GWC CONTENT AND OTHER CONTENT IN THE MANNER DESCRIBED IN THESE TERMS, INCLUDING PROVIDING SUCH CONTENT TO THIRD PARTIES. GWC does not claim any ownership rights in any Member Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any Member Content provided by you.
You acknowledge and agree that you are solely responsible for all Member Content that you make available on or through the Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Services or you have all rights, licenses, consents and releases that are necessary to grant the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or GWC’s use of the Member Content (or any portion thereof) on, through or by means of the Services, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You also acknowledge that we reserve the right in our sole discretion and without further notice to you, to monitor, censor, edit, remove and/or delete (in whole or in part), any and all Member Content that you post on the Services at any time and for any reason (including without limitation, any Member Content that violates the section entitled “Community Guidelines and General Prohibitions”).
9.4 App License
Subject to your compliance with this Agreement, GWC grants you a limited non-exclusive, non-transferable license to download and install a copy of the App on a single mobile device that you own or control and to run such copy of the App solely for your own personal use and provided that your downloading of the App is not in violation of the local law of your place of residence or otherwise prohibited by United States export regulations.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services (“Feedback”). You may submit Feedback by emailing us at firstname.lastname@example.org or, if available, through the Feedback section of the Services. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.
- COPYRIGHT POLICY
GWC respects copyright law and expects its users to do the same.
In accordance with the Digital Millennium Copyright Act of 1998, GWC will respond expeditiously to claims of copyright infringement concerning Content on the Services, in accordance with the copyright policy set forth below:
If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Services by completing a DMCA Notice of Alleged Infringement and delivering it to GWC’s Designated Copyright Agent. Upon receipt of the Copyright Notice, GWC will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Services.
DMCA Notice of Alleged Infringement (“Notice”)
- Identify the copyrighted work that you claim has been infringed, or — if multiple copyrighted works are covered by this Notice — you may provide a representative list of the copyrighted works that you claim have been infringed.
- Identify the material that you claim is 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 us to locate where such material may be found.
- Provide your mailing address, telephone number, and, if available, email address.
- Include both of the following statements in the body of the Notice:
- “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”
- “I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
- Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to GWC’s Designated Copyright Agent:
c/o Girls Who Code Inc.
28 West 23rd Street, 4th Floor
New York, NY 10010
The Services and Community Content may contain links to third-party websites or resources. You acknowledge and agree that GWC is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by GWC of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the content, products, or services on or available from such websites or resources.
- TERMINATION AND ACCOUNT CANCELLATION
If you breach any of these Terms, GWC will have the right to suspend, disable, or terminate your Member account, at its sole discretion and without prior notice to you. GWC reserves the right to revoke your access to and use of the Services at any time, with or without cause. In the event GWC terminates these Terms for your breach, you will remain liable for any amounts you may owe as a result of your actions, if applicable.
You may cancel your Member account at any time by sending an email to email@example.com.
THE SERVICE AND ALL COMMUNITY CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, GWC EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. GWC MAKES NO WARRANTY THAT THE SERVICES OR COMMUNITY CONTENT WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. GWC MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES OR COMMUNITY CONTENT OBTAINED THROUGH THE SERVICES OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GWC OR THROUGH THE SERVICES AND/OR COMMUNITY CONTENT WILL GIVE RISE TO ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU UNDERSTAND THAT GWC DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES, NOR DOES GWC MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SERVICES. GWC MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.
GWC is not responsible for the conduct of any Member. In no event shall GWC, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Services including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service.
If You have a dispute with one or more of our Members, You release GWC (and our officers, directors, agents, subsidiaries, and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
You agree to defend, indemnify, and hold harmless GWC and any subsidiaries and affiliated entities, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, obligations, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services (including without limitation any Community Content), or your violation of these Terms including your violation of any third party right, including without limitation any copyright or privacy right or any claim that the content you have provided caused damage to any third party. This defense and indemnification obligation will survive these Terms of Service and your use of the GWC Service.
- LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND ANY COMMUNITY CONTENT REMAINS WITH YOU. NEITHER GWC NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR COMMUNITY CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COMMUNITY CONTENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICES, OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GWC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL GWC’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COMMUNITY CONTENT EXCEED THE GREATER OF: (I) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO GWC (IF ANY) OVER THE THREE (3) MONTH PERIOD PRECEDING THE BRINGING OF THE APPLICABLE CLAIM; or (II) $100 US DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GWC AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SERVICE, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SERVICE AND BY USING THE SERVICE YOU ACKNOLWEDGE THE SUFFICIENCY OF THIS REMEDY.
- CONTROLLING LAW AND JURISDICTION
The Service is controlled and offered by GWC from its facilities in the United States of America. GWC makes no representations that the GWC Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. You agree that the GWC Service shall be deemed to be solely based in New York and the GWC Service shall be deemed to be a passive server that does not give rise to personal jurisdiction over GWC, whether general or specific, in any jurisdiction other than New York;
These Terms and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights or any other action related to the Services or these Terms, will be the state and federal courts located in Manhattan, New York and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You acknowledge and agree that you and GWC are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
17.1 Proprietary Rights
All trademarks, including but not limited to Girls Who Code®, service marks, logos, trade names and any other proprietary designations of GWC used herein are trademarks or registered trademarks of GWC. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
17.2 Export Control
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Services nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
17.3 Entire Agreement
You may not assign or transfer these Terms, by operation of law or otherwise, without GWC’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. GWC may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications by GWC permitted or required hereunder, including those regarding modifications to these Terms, (“Notices”,) will be in writing and given by GWC (i) via email (in each case to the address that you provide); or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
The failure of GWC to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of GWC. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, contact us at firstname.lastname@example.org or at:
Girls Who Code, Inc.
28 West 23rd Street, 4th Floor
New York, NY 10010
Copyright GWC 2016