EFFECTIVE DATE: May 4, 2016
These Terms of Use (“Terms”) describe your rights and responsibilities regarding your use of our Website, as well as any other website from which you are directed to these Terms. We will refer to the features, functions, services, activities, games, software, code, design, text, Posts (defined below), images, audio, video, material, information, data, service marks, trademarks, trade names, logos, and all copyrightable elements of our Website as “Content” and when we use the term “Website” it also includes Content unless we specifically say otherwise.
PLEASE READ THESE TERMS CAREFULLY BECAUSE THE TERMS, ALONG WITH PRIVACY POLICY, FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. YOU MUST BE 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION IN ORDER TO USE OUR WEBSITES (DEFINED BELOW). IF YOU ARE UNDER 18 YEARS OLD OR THE AGE OF MAJORITY IN YOUR JURISDICTION, THEN YOU MAY ONLY USE THE WEBSITES WITH YOUR PARENT OF LEGAL GUARDIAN’S PERMISSION. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MAY NOT USE OUR WEBSITES.
From time to time, we may modify these Terms. If you use the Website after the effective date, it means you are agreeing to be bound by the changes. You should check on a regular basis and review the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.
Our Website and, except as described below, all Content, is either our property or the property of our affiliates, licensors, suppliers, operational service providers, advertisers, agencies or promotional partners. You keep ownership to any and all Content that is yours and if you submit or provide Content, these Terms do not deprive you or any holder of your or their rights. However, when you do submit or provide Content to us, you are giving us an unconditional, irrevocable, transferable, royalty free worldwide license to use, display, reproduce, perform, adapt, translate, modify, create derivative works, publish, distribute, disseminate and/or broadcast that Content (“license”) and you are representing and warranting to us you have the right to give us such license. If you do not have the right to license Content to us (or if you are not sure), do not submit or provide Content to us.
If you download public service announcement Content (“PSA Content”) you may also do so for the purpose of advertising and promoting the BlindNewWorld provided however that you are not using the PSA Content for your own commercial gain. PSA Content may not be modified or altered in any manner, and no derivative works may be created from such PSA Content. PSA Content may only be placed in media that has been donated. PSA Content may not be placed on any piracy or other illegal websites or media outlets, and may not be used on any websites or media outlets that feature any pornographic, defamatory, or otherwise unlawful or immoral content. You may not use the PSA Content in any manner that would imply an association with any commercial enterprise, and PSA Content may only be used through and until the applicable expiration date. You have no right to transfer, assign or use the Content, whether PSA Content or other, for any other purpose or allow or enable anyone else to do so. You may not alter, delete or conceal copyright or other notices, even if we let you download, display, print or share the Content with others. We reserve the right, at any time and in our sole discretion, to require you to cease use of any and all Content. Unauthorized or prohibited use of Content may subject you to civil liability, criminal prosecution, or both under federal, state and local laws.
Our Website may provide users with an opportunity to submit, provide, furnish, transmit, make available, exchange, communicate, share and/or display Content to us and/or to other users (referred to as a “Post” or “Posting”). Postings include not just Content in the form of files or material you upload to our Websites, but also any messages or information you may send as emails, text, SMS, and instant messages, comments, advice, opinions and ideas, as well as information available as a result of your participation in feeds. Please be advised that your Postings may be viewable publicly. As such, you agree that you will not Post the Personal Information or confidential or proprietary information of yourself or others. We are not and cannot be held responsible for any communications you may receive from third parties. We reserve the right (but do not have an obligation) to remove any Posting that we believe in our sole discretion to violate our Terms, or for any other reason we find appropriate. We have no obligation to monitor user behavior, actions or Postings and we are not and shall not be responsible nor shall we be liable to you or anyone else for any personal injury, emotional or mental distress or any damages resulting in any way from a Posting or your reliance upon a Posting. We generally don’t control, monitor, screen or edit user Posts, although we reserve the right to do so. We do not guarantee the accuracy, validity, integrity or quality of any Posting and we cannot ensure that harmful, inaccurate, deceptive, offensive, defamatory, unlawful or otherwise objectionable Postings will not appear on our Websites.
You agree that you will not violate or enable or assist others in violating any of the following restrictions or requirements when Posting or otherwise using our Website. You agree that you will not:
violate any laws, regulations, judicial or governmental order, treaties or our rights or the rights of any other person, firm or enterprise, including without limitation, privacy, publicity, intellectual property, or other proprietary rights of third parties;
engage in any conduct that is illegal or, in our sole determination and judgment, is inappropriate or inconsistent with our image, goodwill and/or brand names and reputation;
engage in conduct which is or could be considered libelous, defamatory, indecent, vulgar, obscene, pornographic, sexually explicit or sexually suggestive in a manner we or others might find inappropriate, racially, culturally or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory or abusive;
impersonate any other person, firm or enterprise or any of our or their employees and agents;
use our Websites for Posting or otherwise using malicious or unauthorized code, (e.g., viruses, time bombs, cancel bots, worms, Trojan horses, spyware) or other potentially harmful Content, or in any way interrupt, damage, interfere with, destroy or limit the functionality of any computer software or hardware or communication equipment, including our Website;
gain unauthorized use of our Websites, other users’ accounts, Login Credentials, Personal Information, or use our Websites in any manner which violates or is inconsistent with the provisions or spirit of our Terms or the law;
modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of our Websites, Posts or any other rights or use and enjoyment of our Websites by any other person, firm or enterprise;
collect, obtain, compile, scrape, gather, transmit, reproduce, delete, revise, mine, view or display any material or information, whether personally identifiable or not, submitted, provided or made available by or concerning any other person, firm or enterprise;
engage in any activity or fail to report any activity involving SPAM, junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing” or other similar schemes; or
use our Websites or any Content, including Posts, for commercial or business purposes, including advertising, marketing, selling or offering goods or services, whether or not for financial benefit or other form of compensation or consideration or by linking with any other website or web pages.
We make no guarantees, express or implied, regarding other users or your experiences with users you meet through our Website, nor are we liable or responsible for the consequences of your decisions or your actions. If you are under 18 and intend to meet someone, we strongly recommend that you bring your parent or legal guardian. You bear all risk and agree that you are solely responsible for your interactions with others. We don’t screen or verify users or what they Post. We do not supervise interactions and have no control over the individuals you interact with. If you decide to meet others offline, we recommend that you take all reasonable precautions for your own safety.
Our website and all content are made available “as is” and “as available”, without any representation or warranty of any kind, express or implied, or any guaranty or assurance the websites or content will be available for use or that all content will be available or uninterrupted or perform as described or that the websites or content are accurate, complete or error free. We are neither responsible nor liable for any malicious or unauthorized, attack, viruses or other code or any other breaches of security. By using any of our websites or content, you assume all risk that may arise or be associated with such use. To the fullest extent permissible by law, we and our directors, officers, employees and respective successors and assigns, disclaim liability for any and all loss, damage, cost and expense of any kind, direct and indirect, in connection with or arising from our websites, content, these terms, including, but not limited to, compensatory, consequential, incidental, indirect, special, exemplary and punitive damages, regardless of the form of action or basis of the claim, whether or not any party has been advised of the possibility of damages. If any limitation of damages or liability is prohibited or restricted by law, we shall be entitled to the maximum disclaimers and limitations permitted; however, in no event shall our total liability to you exceed one hundred dollars ($100). Some jurisdictions do not allow certain exclusions of warranties or limitations on damages, so some of these exclusions and limitations may not apply to you. If you have a dispute with us or are dissatisfied with the website, termination of your use of the websites is your sole and exclusive remedy. We have no other obligation, liability, or responsibility to you.
You shall defend us against any demands, claims or actions brought against us or arising as a result of any breach or violation of these Terms by you (“Claim”) and you shall indemnify and hold us harmless from and against any and all losses, damages, costs and expenses (including attorneys’ fees) resulting from any such Claim. We have the right, at our expense, to assume exclusive defense against any Claim and all negotiations for settlement and you agree to cooperate with us in the defense of any such Claim, at our request.
Our Terms shall be construed and enforced under the laws of the Commonwealth of Massachusetts applicable to parties resident in and contracts made, executed and wholly performed within the Commonwealth of Massachusetts. You specifically agree and submit to the jurisdiction of the State and Federal Courts situated in the State, City and County of Massachusetts and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. The Uniform Computer Information Transactions Act does not apply to our Terms. YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. You agree that you will not file a class action against US, or participate in a class action against US.
Our Terms can only be modified by us. The illegality, invalidity or unenforceability of any term or condition is severable and shall not affect the rest of the Terms. Any delay in enforcing or any failure to enforce any provision of these Terms will not be deemed a waiver of any other or subsequent breach of these Terms. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination; however, no claim or action relating in any way to these Terms, including our Privacy Policy, our Websites, Content or otherwise with respect to the subject matter, 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 of action arose).
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