(Last updated: SEPTEMBER 2018)
ELIGIBILITY; ADDITIONAL TERMS; BINDING AGREEMENT.
You must be at least five (5) years of age or older ("Site Minimum Age") to use this Site and this Site is designed and targeted to audiences residing in, and is governed by and operated in accordance with the laws of, the United States of America, its territories and possessions (“U.S."). If you are not yet the Site Minimum Age or the required greater age for certain features, do not reside in the U.S. and/or do not meet any other eligibility requirements, or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately because by using or attempting to use the Site, you certify that you are at least the Site Minimum Age or other required greater age for certain features, meet any other eligibility and residency requirements of the Site and agree to all of the terms and conditions of this Agreement.
These terms and conditions regarding your use of the Site constitute a legally binding agreement between you, on the one hand, and Go Go Dreamers Foundation Inc, on the other hand.
The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with use, display, view, print or copy from the Site, transmit, receive or exchange data or communicate with the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third party content or sites or any links that may direct your browser or your connection to third party sites or pages. This is the entire and exclusive Agreement between you and us regarding use of the Site and it cannot be modified, except as specifically described below in Section 3. This Agreement applies regardless of whether you are accessing the Site via a personal computer, a mobile device or any other technology or devices now known or hereafter developed or discovered (each, a “Device").
MODIFICATIONS TO THIS AGREEMENT:
OWNERSHIP OF INTELLECTUAL PROPERTY:
The contents of this Site, including all design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, "Material"), are the property of Go Go Dreamers Foundation Inc, and any of its successors and assigns, and any o fits respective licensors (for example, certain software on this Site may contain software owned by third parties and Postings may be owned by you or third parties), Advertisers (as defined below), suppliers, and operational service providers and are legally protected under applicable U.S. and foreign laws, rules and regulations and international treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term "Site" includes "Material" as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you are permitted to download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website),or otherwise use, any Material without the express prior written consent of Go Go Dreamers Foundation Inc or its owner if Go Go Dreamers Foundation Inc is not the owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.
We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur.
From time to time, you may communicate with, receive communications from, be re-directed to, interact with, or participate in or use the services or obtain goods and services of or from, third parties(collectively, the "Advertisers"), such as our advertisers, sponsors, or promotional partners, as a result of your use of the Site. All such communication, interaction and participation is strictly and solely between you and such Advertisers and, to the fullest extent permissible by law, we shall not be responsible or liable to you in any way in connection with these activities or transactions (including, without limitation, any representations, warranties, covenants, contracts or other terms or conditions that may exist between you and the Advertiser or any goods or services you may purchase or obtain from any Advertiser).
RULES OF CONDUCT:
Your use of the Site is subject to all applicable laws, rules and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your user name or password. You are also prohibited from using the Site(or attempting to use the Site, or allowing, enabling or condoning others to use the Site) in a manner that:
• is or is likely to be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• discusses us or the Channel in a clearly false or misleading manner, is unrelated to our products or services, or includes personal information of individuals or trade secrets;
• discourages or is likely to discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• sends or results in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called "spamming" and "phishing";
• uses the Site for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmits, distributes or uploads programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forges any TCP/IP packet header or part of the header information in any email, newsgroup posting or other posting for any reason;
• violates any laws, rules or regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violates or infringes upon any copyright or other intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise;
• gains or enables unauthorized access to the Site or any of its features or functions, other users' accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site;
• modifies, disrupts, impairs, alters or interferes with the use, features, functions, operation or maintenance of the Site or the use and enjoyment of the Site by any other person, firm or enterprise;
• collects, obtains, compiles, gathers, transmits, reproduces, deletes, revises, views or displays any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so;
• except with our prior permission, uses manual or automated software, devices, scripts, robots or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in theSite; or
DISCLAIMER AND LIMITATIONS OF LIABILITY:
This site, and all materials, goods and services and postings are made available on an "as is" and "as available" basis, without any representation or warranty of any kind, express or implied (including, without limitation, warranties of merchantability and fitness for a particular purpose) or any guaranty or assurance the site will be available for use, or that all features, functions or operations will be available or perform as described.
Without limiting the foregoing, to the fullest extent permissible by law, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions relating to your use of the site. You understand, acknowledge, and agree that to the fullest extent permissible by law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the site, including, without limitation, postings and materials associated with your use of the site.
You understand, acknowledge and agree that to the fullest extent permissible by law, you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security, and validity of any and all features and functions of the site, including, without limitation, postings and materials associated with your use of the site.
You understand and agree that, to the fullest extent permissible by law, this site, Go Go Dreamers Foundation Inc and their respective successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, operational service providers, advertisers, or suppliers, shall not be liable for any loss or damage of any kind, direct or indirect, relating to the site or this agreement, including, but not limited to, compensatory, consequential, incidental, direct, indirect, special or punitive damages, however arising or caused, whether foreseeable or not, regardless of the form of action or the basis or characterization of the claim and even if advised of the possibility of damages.
Without limiting the foregoing, the site is maintained on servers in the United States and the Go Go Dreamers Foundation Inc disclaim all liability for any use not specifically authorized or that is in violation of this agreement or the laws or regulations that may apply to you in any jurisdiction or country.
Notwithstanding any claim that a sole or exclusive remedy which is provided in this agreement may or does fail of its essential purpose, you specifically acknowledge and agree that, to the fullest extent permissible by law, your sole and exclusive remedy for any loss or damage shall be limited to having Go Go Dreamers Foundation Inc, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this agreement and, if repair, correction or replacement is not reasonably commercially practicable for Go Go Dreamers Foundation Inc, to refund any monies actually paid by you to Go Go Dreamers Foundation Inc for the goods or services involved and to terminate and discontinue your use of the site.
You further understand and acknowledge the capacity of the site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Go Go Dreamers Foundation Inc assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions or postings or for any failure or delay associated with any postings and you are hereby expressly advised not to rely upon the timeliness or performance of the site for any transactions or postings. Some jurisdictions do not allow for the exclusion or limitation of certain warranties or the exclusion or limitation of incidental or consequential damages, so some of the exclusions and limitations described in this agreement may not apply to you.
You agree to indemnify, defend and hold the Site, Go Go Dreamers Foundation Inc, and any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from and against any and all claims, actions, losses, expenses, damages and costs(including reasonable attorneys' fees), resulting from any breach or violation of this Agreement by you.
Go Go Dreamers Foundation Inc reserves the right to assume, at its sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with Go Go Dreamers Foundation Inc in the defense of any such claim, action, settlement or compromise negotiations, as requested by Go Go Dreamers Foundation Inc.
This Agreement cannot be changed or terminated orally and may not be modified except as described in this Agreement.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.
Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action relating to this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
The laws and regulations of the U.S. restrict the export and re-export of certain technology and you agree not to use, export or re-export any Material relating to the Site in violation of those laws and regulations. The section titles in this Agreement are for convenience only and do not have any legal effect.