The Good Works Project Terms of Service
Effective December 12, 2016
Welcome to the Good Works Project. This website is operated by Good Works Project LLC (“GWP,” “us,” “our,” or “we”). These Terms of Service (“Terms”) cover your use and access to the platform and websites provided (including but not limited to any other sites accessible via subdomains and mobile versions of the websites) (the “Site”).
YOUR ACCEPTANCE
By using or visiting the Site, software, or data feeds (collectively the “Service”) provided to you on, from, or through the Site you signify your agreement to these Terms. If you do not agree to any of these Terms, do not use the Service.
GWP may, at its sole discretion, modify or revise these Terms at any time, and you agree to be bound to such modifications or revisions. Nothing in these Terms shall be deemed to confer any third-party rights or benefits.
SERVICE
These Terms apply to all users of the Service, including users who are also contributors of Content on the Service. “Content” includes text, software, scripts, photos, sounds, music, videos, audiovisual combinations, interactive features, and other materials you may view on, access through, or contribute to the Service. The Service includes all aspects of the Site, including but not limited to products, software, and services offered via Site, such as GWP channels and applications.
GWP reserves the right to discontinue, modify, or temporarily prevent access to any aspect of the Service at any time.
THIRD-PARTY SERVICES AND CONTENT
The Service may contain links to third party websites that are not owned or controlled by GWP. GWP has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party website. By using the Service, you expressly relieve GWP from any and all liability arising from your use of any third-party website.
GENERAL USE OF SERVICE
GWP grants you permission to access and use the Service as set form in these Terms, provided that:
You represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the United States or other country. If you are under the age of 18, you may use our Sites only with parental supervision.
You agree not to use the Sites to (a) violate or encourage the violation of any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users of our Sites; (d) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Sites or services or networks connected to the Sites or disobey any requirements, procedures, policies, or regulations of networks connected to the Sites. You agree not to use the Sites to send any message that is unlawful, libelous, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, profane, racially offensive, or otherwise objectionable, as determined by GWP in its sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Site servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GWP grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GWP reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
LICENSE TO CONTENT
We encourage you to share the Content on our Site. You are permitted to use Site’s Content for non-commercial educational or personal purposes only, provided you do not remove any trademark, copyright, or other notice therefrom. GWP hereby grants you a limited, non-exclusive, and revocable license to reproduce the Content and to distribute, display, and share the Content in connection with any non-commercial activities. However, you are prohibited from selling or otherwise receiving any compensation from any Content, posting Content to a website or otherwise distributing or making the Content available to the general public (other than sharing links to the Content, provided there are no pop-up windows or other interstitial content served to users before they arrive at the Content, and provided that the Content may not be framed with other content).
YOUR CONTENT AND CONDUCT
Any Content, whether uploaded, posted, submitted, or otherwise made available to us or on our Sites, including without limitation user submitted stories, comments to blog posts, user content from social media, or any other content which does not originate with Site, or our partners or affiliates (“User Content”), is the sole responsibility of the person who made such User Content available through our Site or social media channels. Under no circumstances will GWP, our partners or affiliates, be liable in any way for any User Content made available through any of our Sites. We may not moderate all comments to postings made on our Site or User Content on certain other areas of our Sites, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any publicly available User Content.
You understand that GWP does not guarantee any confidentiality with respect to any Content you submit.
You agree that you will not use any of our Sites to transmit or make available any content that:
violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person’s rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
contains any private information about an identifiable person without that person’s permission, or any content soliciting any personal or private information from any individual;
you know or have reason to know is false, misleading, or fraudulent;
you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
employs any techniques to disguise the origin of the content submitted;
contains any unsolicited or unauthorized advertising, promotional materials, or material which can be characterized as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “Ponzi schemes” or similar material, or any information posted primarily for advertising, promotional, or other commercial purposes, including without limitation any request for or solicitation of money, goods, or services for private gain;
incorporates within it any software viruses or any other computer code, files or programs whose purpose or function is to interrupt, destroy or otherwise impair the operability of any software or hardware or telecommunications equipment;
contains links to any websites containing content violating any of the foregoing requirements, or links to any websites for purposes of disrupting the operations of such website, harassing the owners of such website, or other objectionable or illegal purposes.
OWNERSHIP OF USER CONTENT
If any User Content is your original work, then you own the copyright in that work. We do not claim any copyrights in original works created and/or posted by individual visitors to our Sites. However, by uploading, posting, transmitting or otherwise making any User Content available on or through our Sites or social media, you are granting us, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute or perform publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
COPYRIGHT AND TRADEMARK INFORMATION
All Content, copyrights and other intellectual property rights in the Content available on our Site, including without limitation the GWP trademarks, our Site design, the text, graphics, interfaces, and the selection and arrangements thereof, are owned by GWP, with all rights reserved, or in some cases (such as User Content or certain music) may be licensed to GWP by third parties. This Content is protected by the intellectual property rights of GWP or those owners. All Content which qualifies for protection under Federal Copyright Law under the laws of the United States is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on the Site are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with GWP.
CONTENT COMPLAINTS, REMOVAL REQUESTS, NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
If you believe that any Content on our Site violates these Terms or is otherwise inappropriate, please report the Content at the address listed in the ‘Contact Us’ section below, or send an email to info@goodworksproject.com. If you are a California resident who posted content to our Site when you were under the age of 18 and you are now requesting removal of that content, please send an email to info@goodworksproject.com with your name, date of the posting, URL of the posting, and a description of the posting, so that we are able to locate and remove it for you in accordance with California law (however, please note that we cannot guarantee complete or comprehensive removal of the content).
In the event that you find Content posted on the Site which is believed to be an infringement of the copyright ownership or other intellectual property rights of you or any third party, you are requested to immediately contact GWP’s Copyright Agent as described below. To report any alleged infringement, please contact us in writing by providing a signed statement containing the following information:
your name, address, telephone number, and email address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
a statement that all of the information you have provided is true.
Please send your notice of alleged infringement to:
Good Works Project LLC
P.O. Box 7462
Columbus, GA 31908
E-mail: info@goodworksproject.org
In accordance with the DMCA, it is the policy of GWP to terminate use of our Site by repeat infringers in appropriate circumstances.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, GWP, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “GWP PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR SITES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR SITES IS AT YOUR SOLE RISK. OUR SITES AND ALL CONTENT, RESOURCES, EDUCATIONAL MATERIALS, AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE GWP PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY SITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, WILL ANY OF GWP PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR SITES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR SITES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY FBL PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES.
INDEMNITY AND HOLD HARMLESS
You agree to defend, indemnify, and hold GWP Parties harmless from any claim or demand, including reasonable attorney’s fees and costs, made by any third party due to or arising out of your use of the Site in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Site using your computer, mobile device or account. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.
GENERAL
These Terms of Service shall be governed by the internal substantive laws of the State of Georgia, without respect to its conflict of laws principles.You agree that: (i) the Service shall be deemed solely based in Georgia; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over GWP, either specific or general, in jurisdictions other than Georgia.
Dispute Resolution. Any dispute arising out of or relating in any way to your use of our Sites or any products, services, or information you receive through our Sites, shall be submitted to confidential, binding arbitration in Atlanta, Georgia, pursuant to the American Arbitration Association’s Commercial Arbitration Rules. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Atlanta, Georgia, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Other Terms. If any provision of these Terms is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of GWP. You agree that these Terms and any other agreements referenced herein may be assigned by us, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. These Terms as supplemented by any “click-through agreements,” shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a contributor to our Site. You agree and understand that these Terms together with any other applicable click-through agreements you may have entered into regarding our Site, constitutes the entire agreement between you and FBL regarding your use of the Sites, and that any other prior agreements between you and GWP are superseded by these Terms. Any failure by GWP to exercise its rights under these Terms or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Site or relating to these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
CONTACT
Questions about these Terms can be referred to
Good Works Project LLC
P.O. Box 7462
Columbus, GA 31908
E-mail: info@goodworksproject.org