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Girl Talk Terms of Use

Welcome to the Girl Talk websites, which are located at www.girlsanddrinking.org and www.grltlk.org (collectively, the “Site”), and designed specifically for girls ages 13 to 21. The Site is owned and operated by the Century Council (“TCC”), a not-for-profit organization dedicated to fighting drunk driving and underage drinking. The following Terms of Use Agreement (“Agreement”) governs your access to and use of the Site. Please review the entire Agreement carefully. TCC may restrict, suspend, or revoke your registration or ability to access or use the Site if you violate these Terms of Use.

1. General

TCC reserves the right to change the Agreement at any time at its sole discretion. The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the then current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement.

2. Privacy

Your use of the Site will be governed by our Privacy Policy. By visiting our website, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.

3. Applicable Laws

You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from TCC. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and TCC does not grant you any express or implied rights to access or use the Site for any other purpose.

4. Registration

If any place on the Site asks you to register, you agree to provide accurate, current and complete information about yourself as prompted in the registration form and maintain and promptly update this information. TCC has the right to suspend or terminate your account and refuse any and all current or future use of its service if it suspects that such information is inaccurate or incomplete.

5. Security

You are responsible for maintaining the confidentiality of any password and username you are given to access the Site, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify TCC of any unauthorized use of your password or username or any other breach of security.

6. Copyrights

All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content (“Content”), are owned by TCC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without TCC’s prior written consent.

7. Trade and Service Mark Rights

All rights in the product names, company names, trade names, logos, product packaging, and designs of all TCC or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to TCC or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of TCC or any third party.

8. User Content and Communications

The Site offers features that allow users to post content on the Site and communicate with others. To the extent that you add, upload, transmit, post, communicate, or store any content on the Site or otherwise submit any content for use by TCC ("User Submissions"), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions.

In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:

is copyrighted, unless you are the copyright owner;

infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

reveals a trade secret, unless you own it;

contains falsehoods or misrepresentations that could damage TCC (its successors and assigns) or any third party;

is obscene, libelous, defamatory, threatening, harassing, abusive, hateful, sexually-explicit, or embarrassing to any other person or entity as determined by TCC, in its sole discretion;

is illegal or otherwise objectionable;

constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes.

You understand that TCC does not guarantee that it will publish or maintain your User Submissions on the Site. TCC may review, reject, or remove User Submissions at any time, without prior notice and at its sole discretion. Moreover, TCC does not guarantee any confidentiality with respect to any User Submissions that you choose to add, upload, transmit, post, communicate or store on the Site or that TCC otherwise may receive from you.

TCC does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions to TCC, you agree to and hereby grant TCC, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as TCC (its successors and assigns) may deem appropriate, in all media formats and in all media channels now known or later developed. You also hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions.

9. Prohibited Uses Generally

By using the Site, you agree not to:

delete or revise any material or other information of any other user or Girl Talk;

harvest or otherwise collect information about others, including e-mail addresses, without their consent;

take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;

use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;

use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from Girl Talk on the Site and other than generally available third-party web browsers (e.g., Microsoft Internet Explorer);

attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;

solicit Girl Talk website members and guests to join outside sites or online services or organizations; or

disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ abilities to engage in real time exchanges.

You further agree not to violate or attempt to violate the security of the Site, including, without limitation:

accessing data not intended for you or logging into a server or account that you are not authorized to access;

attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or

attempting to interfere with service to any user, host, or network.

Violations of system or network security may result in civil or criminal liability. In accordance with these Terms of Use, TCC will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.

10. Third-Party Content and Links to Third-Party Web Sites

The Site may contain third-party owned content and links to other websites (“Linked Sites”). TCC does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of TCC, and TCC is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes to Linked Sites. TCC is providing third-party content and Linked Sites to you as a convenience, and their inclusion in the Site is not an endorsement by TCC in favor of any third party.

11. Notice of Copyright Infringement

If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, please provide TCC’s Copyright Agent with the following information:

identification of the copyrighted work claimed to have been infringed;

identification of the allegedly infringing material on the Site that is requested to be removed;

your name, address, and daytime telephone number, and an e-mail address if available, so that TCC may contact you if necessary;

a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law;

a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and

an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

TCC’s Copyright Agent for notice of claims of copyright infringement on the Site can be reached as follows:

The Century Council
1310 G Street NW
Suite 600
Washington, DC 20005

Phone: (202)637-0077
Fax: (202)637-0079
Web: www.centurycouncil.org
Email: tcc@centurycouncil.org

TCC will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely.

12. Disclaimer of Warranties

THE SITE IS PROVIDED “AS IS.” TCC MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TCC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TCC DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY TCC, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY TCC OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.

TCC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND TCC DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.

13. Limitation of Liability

IN NO EVENT WILL TCC OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE TCC FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.

These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if TCC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, TCC’s liability in such jurisdictions shall be limited to the extent permitted by law.

14. Indemnification

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS TCC AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE AGREEMENT.

15. Choice of Law and Forum

The Agreement is subject to the laws of the [District of Columbia]. If there is any dispute between us concerning the Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be [the District of Columbia].

16. Termination

TCC reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Otherwise applicable sections of the Agreement shall survive termination.

17. No Waiver

The failure of TCC to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.

18. Miscellaneous

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TCC as a result of the Agreement or your access to and use of the Site. A printed version of the Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and TCC and governs your use of the Site. If any portion of the Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Copyright © 2007 The Century Council. All rights reserved.

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