Growing Voices ("GV") Terms of Use

1. Your Acceptance
BY USING OR VISITING THIS WEBSITE (the "Website") OR SUBMITTING CONTENT TO THIS WEBSITE, YOU SIGNIFY YOUR ASSENT TO THESE TERMS OF USE (the "Terms of Use"). These Terms of Use apply to all users of the Website. If you do not agree to these Terms of Use, then please do not use the Website.

2. Third Party Links
The Website may contain links to third party websites that are not owned or controlled by GV. GV is not affiliated with those websites, has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, GV will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly release GV from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the GV Website and to read the terms of use and privacy policy of any other websites that you visit.

3. Website Access
GV hereby grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal, noncommercial use; (ii) you will not copy, distribute or modify any part of the Website without GV's prior written authorization; (iii) you will not send unsolicited or unauthorized advertisements, spam, chain letters, etc., (iv) you will not transmit any content which contains software viruses, or other harmful computer code, files or programs; (v) you will not disrupt servers or networks connected to the Website; and (vi) you comply with these Terms of Use.

4. Your Information
This Website uses or may use personally identifiable information that users provide, including, without limitation, a user's e-mail address, for any purposes, including, without limitation, for sending users updates and information about GV or the Website. The Website currently does not disclose to third parties personally identifiable information that users provide, except from time to time, we may (i) transfer, disclose or share such information with third parties who may be engaged by us specifically to handle and deliver certain online activities, (ii) publicly post or display certain limited user information on the Site as determined by us in our sole discretion; and (iii) disclose personally identifiable information to third parties in order to comply with the law or requests by law enforcement agencies, to enforce our Terms of Use, to protect the rights, property or safety of our Website, users of our Website and others.

You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to this Website is done so at your own risk.

5. Intellectual Property Rights
All Website software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of GV and/or its owners, principals, subsidiaries, affiliates, assigns, and licensors or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. The Material may not be copied, distributed, reproduced or used in any manner without our prior written consent. Material on the Website is provided to you "AS IS" for your information and personal use only. GV reserves all rights not expressly granted in and to the Website and Material. If you download or print a copy of the Material for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Material or enforce limitations on use of the Website.

6. User Submissions
A. The Website may now or in the future permit the submission of opinions, photos, videos or other content by you and other users ("User Submissions") and the hosting and publishing of such User Submissions. You understand that whether or not such User Submissions are published, GV does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. You represent and warrant that: (i) you own or have the necessary rights and permissions to use and authorize GV to use all copyright, trademark or other proprietary rights in and to any User Submissions to enable inclusion and use thereof as contemplated by the Website and these Terms of Use; and (ii) you have the written consent and/or permission of each and every identifiable individual person in the User Submission to use their name or likeness as contemplated by the Website and these Terms of Use.
C. You retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to GV, you hereby grant GV, in addition to any other rights which it has pursuant to any other program established by GV, a worldwide, non-exclusive and transferable license to use, copy, prepare derivative works of (including without limitation, to rename, edit, shorten, split the videos into different segments, and use the entire video or segments as part of compilations), display, and perform the User Submissions in connection with the Website and GV's (and its successor's) business, including without limitation to grant access to the Website to third parties to view the User Submission (and derivative works thereof). You also hereby grant each user of the Website or other viewer of the User Submission a non-exclusive right to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions, all for non-commercial and personal use. The foregoing license granted by you terminates once you remove or delete a User Submission from the Website.
D. You agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the User Submission and to grant GV all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage GV or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) misidentify yourself in submitting the User Submission or misstate your true identity; or (v) post advertisements or solicitations of business. GV does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GV expressly disclaims any and all liability in connection with User Submissions
E. You understand that when using the Website, you may be exposed to User Submissions from a variety of sources, and that GV is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against GV with respect thereto, and agree to indemnify and hold GV, its owners, affiliates, employees, agents and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website. You acknowledge that access to certain content which may be available through the Website and which depict violence, or contain images of nudity, sexual acts, or other sexual material ("Mature Content") is permitted only if you are over the minimum age applicable in your jurisdiction (often but not necessarily 18 or 21).

7. Copyright and Content Policy
GV will remove specific content on the Website if properly notified that such content infringes on another's intellectual property rights. GV reserves the right to remove such content without prior notice. GV will also terminate a user's access to the Website, if they are determined to be a repeat infringer. GV may remove such content and/or terminate a user's access for uploading such content in violation of these Terms of Use at any time, without prior notice and at its sole discretion.

If you believe that your content has been copied in a way that constitutes copyright infringement, please provide GV's Copyright Agent the following information in writing:

1. a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright;
   
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
   
3. 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 the service provider to locate the material;
   
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
   
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
   

GV's Copyright Agent for Notice of claims of copyright infringement can be reached as follows: by email founders@www.growingvoices.org.

You acknowledge that if you fail to comply with all of the above requirements, your DMCA notice may not be valid. Please also note that under Section 512(f) of the US Copyright Act any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

8. Volunteer Opportunities
GV provides information about various volunteer opportunities but does not provide accommodations, visas, transportation, tickets, medical care, personal instructions or any other prerequisites required for your involvement in connection with such volunteer opportunities. GV makes no representations or warranties as to the accuracy or validity of any information GV provides in connection with any third party volunteering opportunities.

9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GV, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. GV MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT AND ASSUMES NO LIABILITY FOR ANY (I) MISTAKES OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR INVOLVEMENT IN ANY VOLUNTEER ACTIVITIES PROMOTED ON THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT ON OR VIA THE WEBSITE. GV DOES NOT WARRANT, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY CONTENT, OR PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR FEATURED IN ANY ADVERTISING, AND GV WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

10. Limitation of Liability
IN NO EVENT SHALL GV, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) CONTENT, INCLUDING ANY MISTAKES OR INACCURACIES THEREIN, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO, FROM YOUR INVOLVEMENT IN ANY VOLUNTEER ACTIVITIES PROMOTED ON THE WEBSITE, (III) ANY UNAUTHORIZED USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT ON OR VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT GV IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

YOU SPECIFICALLY ACKNOWLEDGE THAT GV SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

11. Indemnity & Release
You agree to defend, indemnify and hold harmless GV, its subsidiaries, and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney's fees) arising from: (i) your use of the Website; (ii) your violation of these Terms of Use; (iii) your violation of the terms which apply to your User Submission; (iv) your violation of any third party right, including without limitation any copyright, property, publicity or privacy right; or (v) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Website.

In addition, you irrevocably and unconditionally waive, release, acquit and forever discharge GV, the Website (and its owners, principals, officers, directors, agents, licensees, assigns, and employees) from all claims, demands and damages (actual, consequential or otherwise) of every kind and nature, known and unknown, arising out of, or in connection with your use of and activities in connection with the Website. If you are a California resident, you hereby agree to waive California Civil Code §1542 (or if you are not a California resident, any similar law in your state of residence), 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."

12. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GV without restriction.

13. General
You agree that: (i) the Website shall be deemed solely based in California; and (ii) the Website shall be deemed a passive website that does not give rise to personal jurisdiction over GV, either specific or general, in jurisdictions other than the State of California. These Terms of Use shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and GV that arises in whole or in part from the Website or these Terms of Use shall be decided exclusively by a federal or state court of competent jurisdiction located in Los Angeles, California. These Terms of Use, together with any other legal notices published by GV on the Website, shall constitute the entire agreement between you and GV concerning the Website. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and a party's failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. GV reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND GV AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE GV WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.