Terms & Conditions - Greative Washington Creative Society

Greater Washington Creative Society Terms of Use Agreement

This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the Greater Washington Creative Society website (hereafter known as GWCS) services. By using the GWCS services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the GWCS Website) or you are a "Member" (which means that you have registered with the GWCS). The term "User" refers to a Visitor or a Member. You are only authorized to use the GWCS services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the GWCS Website and discontinue use of the GWCS services immediately. If you wish to become a Member, communicate with other members, and make use of the GWCS services, you must read this Agreement and indicate your acceptance during the Registration process.

This Agreement includes Greater Washington Creative Society's policy for acceptable use of the GWCS services and content posted on the GWCS Website, your rights, obligations and restrictions regarding your use of our services and Greater Washington Creative Society's Privacy Policy. In order to participate in certain GWCS services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the GWCS services in which you choose to participate, those additional terms are hereby incorporated into this Agreement.

Greater Washington Creative Society may modify this Agreement from time to time and such modification shall be effective upon posting by us on the GWCS website. You agree to be bound to any changes to this agreement when you use our sservices after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.

Please choose carefully the information you post on thwe GWCS website and that you provide to other users. Your GWCS profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, information provided by other GWCS members (for instance, in their profile) may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and GWCS assumes no responsibility or liability for this material. If you become aware of misuse of the GWCS services by any person, please contact any administrator or click on the "Report Inappropriate Content" link at the bottom of any GWCS page.

GWCS reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the GWCS services at any time, for any or no reason, with or without prior notice, and without liability. GWCS expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of GWCS services if GWCS determines, in its sole discretion, that you pose a threat to GWCS and/or its Users.

Eligibility. Use of and Membership in the GWCS Ssrvices is void where prohibited. By using the GWCS services, you represent and warrant that :

All registration information you submit is truthful and accurate
You will maintain the accuracy of such information
You are 13 years of age or older
Your use of the GWCS services does not violate any applicable law or regulation.

Your profile may be deleted and your membership may be terminated without warning, if we believe that you are under 13 years of age.

Term. This Agreement shall remain in full force and effect while you use the GWCS services or are a member. You may terminate your membership at any time, for any reason, by following the instructions on the member's account Settings page. GWCS may terminate your membership at any time, without warning. Even after membership is terminated, this Agreement will remain in effect, including sections 5-17.
Fees. You acknowledge that GWCS reserves the right to charge for the GWCS services and to change its fees from time to time in its discretion. If GWCS terminates your membership because you have breached this agreement, you shall not be entitled to the refund of any unused portion of subscription fees.
Password. When you sign up to become a member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another member at any time or to disclose your password to any third party. You agree to notify GWCS immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
Non-commercial Use by Members. The GWCS services are for the personal use of members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by GWCS. Illegal and/or unauthorized use of the GWCS services, including collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the GWCS website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the GWCS services.
Proprietary Rights in Content on GWCS.
1. GWCS does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, "Content") that you post to the GWCS services. After posting your Content to the GWCS services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your content in any way you choose. By displaying or publishing ("posting") any Content on or through the GWCS services, you hereby grant to GWCS a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the GWCS services.
  Without this license, GWCS would be unable to provide the GWCS services. For example, without the right to modify Member Content, GWCS would not be able to digitally compress music files that memberssubmit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, GWCS could not allow Users to listen to music posted by members. The license you grant to GWCS is non-exclusive (meaning you are free to license your Content to anyone else in addition to GWCS), fully-paid and royalty-free (meaning that GWCS is not required to pay you for the use on the GWCS services of the Content that you post), sublicensable (so that GWCS is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the GWCS services), and worldwide (because the Internet and the GWCS services are global in reach). This license will terminate at the time you remove your Content from the GWCS services. The license does not grant GWCS the right to sell your Content, nor does the license grant GWCS the right to distribute your Content outside of the GWCS services.
2. You represent and warrant that: (i) you own the Content posted by you on or through the GWCS services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the GWCS services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the GWCS services.
3. The GWCS services contain Content of GWCS ("GWCS Content"). GWCS Content is protected by copyright, trademark, patent, trade secret and other laws, and GWCS owns and retains all rights in the GWCS Content and the GWCS services. GWCS hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the GWCS Content (excluding any software code) solely for your personal use in connection with viewing the GWCS Website and using the GWCS services.
4. The GWCS services contain Content of Users and other GWCS licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the GWCS services
Content Posted.
1. GWCS may delete any Content that in the sole judgment of GWCS violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. GWCS assumes no responsibility for monitoring the GWCS services for inappropriate Content or conduct. If at any time GWCS chooses, in its sole discretion, to monitor the GWCS services, GWCS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
2. You are solely responsible for the Content that you post on or through any of the GWCS services, and any material or information that you transmit to other membersand for your interactions with other Users. GWCS does not endorse and has no control over the Content. Content is not necessarily reviewed by GWCS prior to posting and does not necessarily reflect the opinions or policies of GWCS. GWCS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members.
Content/Activity Prohibited. The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the GWCS services. GWCS reserves the right to investigate and take appropriate legal action against anyone who, in GWCS's sole discretion, violates this provision, including without limitation, removing the offending communication from the GWCS services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of GWCS:
1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
2. harasses or advocates harassment of another person;
3. exploits people in a sexual or violent manner;
4. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
5. solicits personal information from anyone under 18;
6. provides any telephone numbers, street addresses, last names, URLs or email addresses;
7. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
8. promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
9. involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming"
10. contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
11. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
12. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
13. involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
14. includes a photograph of another person that you have posted without that person's consent; or
15. for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of activity that is illegal or prohibited on the GWCS Website and through your use of the GWCS services. GWCS reserves the right to investigate and take appropriate legal action against anyone who, in GWCS's sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:
- Criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- Advertising to, or solicitation of, any Member to buy or sell any products or services through the GWCS services. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the GWCS services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. In order to protect our membersfrom such advertising or solicitation, GWCS reserves the right to restrict the number of emails which a Member may send to other membersin any 24-hour period to a number which GWCS deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unsolicited communications of any kind through the GWCS services, you acknowledge that you will have caused substantial harm to GWCS, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay GWCS $50 for each such unsolicited email or other unsolicited communication you send through the GWCS services;
- Covering or obscuring the banner advertisements on your personal profile page, or any GWCS page via HTML/CSS or any other means;
- Any automated use of the system, such as using scripts to add friends or send comments or messages;
- Interfering with, disrupting, or creating an undue burden on the GWCS services or the networks or services connected to the GWCS services;
- Attempting to impersonate another Member or person;
- Ffor band profiles, copying the code for your GWCS Player and embedding it into other profiles or asking other members to embed it into their profiles;
- Using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- Selling or otherwise transferring your profile;
- Using any information obtained from the GWCS services in order to harass, abuse, or harm another person;
- Displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the GWCS services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your "Top 8" friends, or sending private messages with a commercial purpose; or
- Using the GWCS services in a manner inconsistent with any and all applicable laws and regulations.
Member Disputes. You are solely responsible for your interactions with other GWCS Members. GWCS reserves the right, but has no obligation, to monitor disputes between you and other members.
Privacy. Use of the GWCS services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
Disclaimers. GWCS is not responsible for any incorrect or inaccurate Content posted on the GWCS Website or in connection with the GWCS services, whether caused by Users of the GWCS services or by any of the equipment or programming associated with or utilized in the GWCS services. Profiles created and posted by members on the GWCS Website may contain links to other websites. GWCS is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by GWCS. Inclusion of any linked website on the GWCS services does not imply approval or endorsement of the linked website by GWCS. When you access these third-party sites, you do so at your own risk. GWCS takes no responsibility for third party advertisements which are posted on this GWCS Website or through the GWCS services, nor does it take any responsibility for the goods or services provided by its advertisers. GWCS is not responsible for the conduct, whether online or offline, of any User of the GWCS services. GWCS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. GWCS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the GWCS services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the GWCS services. Under no circumstances shall GWCS be responsible for any loss or damage, including personal injury or death, resulting from use of the GWCS services, attendance at a GWCS event, from any Content posted on or through the GWCS services, or from the conduct of any Users of the GWCS services, whether online or offline. The GWCS services are provided "AS-IS" and as available and GWCS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. GWCS cannot guarantee and does not promise any specific results from use of the GWCS services.
Limitation on Liability. IN NO EVENT SHALL GWCS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF GWCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GWCS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO GWCS FOR THE GWCS SERVICES DURING THE TERM OF MEMBERSHIP.
Disputes. If there is any dispute about or involving the GWCS services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of Los Angeles. Either GWCS or you may demand that any dispute between GWCS and you about or involving the GWCS services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Los Angeles, California, USA, provided that the foregoing shall not prevent GWCS from seeking injunctive relief in a court of competent jurisdiction.
Indemnity. You agree to indemnify and hold GWCS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the GWCS services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the GWCS Website or through the GWCS services causes GWCS to be liable to another.
Other. This Agreement is accepted upon your use of the GWCS Website or any of the GWCS services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and GWCS regarding the use of the GWCS services. The failure of GWCS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. GWCS is a trademark of Greater Washington Creative Society. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at: GWCsociety@gmail.com with any questions regarding this agreement.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.