Terms of Use

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Terms of Use

Welcome to the VIDA®: Women in Literary Arts (“VIDA”) website and all associated VIDA Social Media (“Social Media”) accounts, including but not limited to, Facebook, Twitter, and Instagram (collectively the “Site”). Please read these terms of use (the “Terms”) carefully before using the Site. By accessing, using or downloading any information or materials on the Site, you agree to follow these Terms. If you do not accept these Terms, do not use the Site.

VIDA reserves the right to change these Terms at any time and without notice. It is your responsibility to regularly check the Terms to ensure you agree to any amendments. If you do not agree with any changes we have made, you should immediately cease using the Site.

Use of Content on the Site

Copyright

VIDA owns or licenses the copyright in all materials on the Site, except by materials owned by Third Parties that are posted to the Site and cannot be licensed by You, including: HTML, text, images, audio, video and/or other content (“Content”) that is made available on the Site. The exclusive rights to all Content on the Site are protected by U.S. and international copyright law and other intellectual property laws.

VIDA respects the intellectual property of others. VIDA has registered an agent with the United States Copyright Office in accordance with the terms of the Digital Millennium Copyright Act (the “DMCA”). VIDA reserves the right to remove any content that allegedly infringes another person’s copyright. If you believe that your work has been copied or otherwise made available in a way that constitutes copyright infringement, please notify us by contacting our designated agent:

Corporate Creations International Inc.
11380 Prosperity Farms Road #221E
Palm Beach Gardens, FL 33410
Telephone: (561) 694-8107
contactus@corpcreations.com

If you have concerns about any other intellectual property right besides or in addition to a copyright, please notify us by contacting questions@vidaweb.org.

Permitted Use

VIDA authorizes you to display on your computer, download, link to, copy, post, print, cite to or use the information or Content from the Site provided that:

the information or Content is only used for personal, educational and/or non-commercial use,
the particular article, section or portion of the Content is reproduced in its entirety in its original form,
the information or Content is not altered or edited, nor the substance of the information or Content otherwise changed, except where expressly permitted by law,
all copies include an attribution or citation to VIDA, the Site and the author of the Content, and
all copies or printouts include the copyright notice “”© [relevant year] VIDA.”

Use Requiring Advance Written Permission

Except as set forth above, VIDA strictly prohibits commercial use, redistribution, copying, modifying, preparing derivative works, republishing, transmitting, reposting or otherwise using any part of the Site or Content on the Site without advance written permission from VIDA. Further information and written requests for permission to copy or use Content from the Site should be directed to: questions@vidaweb.org.

Trademarks

The trademarks, logos and service marks (“Marks”) displayed on the Site are the property of VIDA or other third parties. You are not permitted to use the Marks without advance written permission from VIDA or such third party who may own the Marks.

Rights in Your Content

The term “Your Content” means any and all content you submit to us using the Site and/or Social Media in connection with VIDA and all elements featured therein, including, without limitation, photographs, writings, spoken statements, music, audio, video, video recordings, audio-visual works and recordings, slides, portraits, animated and/or motion pictures, caricatures, likenesses, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects. You further agree and understand that the term “Your Content” includes, without limitation, all accompanying information you submit or we may receive that is related to your submission (for example, your name and Social Media user-name, post, and/or profile picture/avatar, etc.).

To the extent you post or transmit HTML, text, images, audio, video or other content to the Site (e.g., posting a comment), you give VIDA a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to reproduce, modify, publicly perform, publicly display and/or distribute Your Content, including the right for VIDA to use Your Content to market and promote VIDA and the Site. By posting or transmitting Your Content to the Site, you represent and warrant to VIDA that you have all the rights, power and authority necessary to grant this license, including all rights to any third party content embodied in your submission.

VIDA does not control a user’s submission, and except to the extent that the Your Content may be exploited by VIDA in accordance with the terms herein and that VIDA shall retain all rights in and to any of Your Content, VIDA does not have control over Your Content. .

Linking and Downloads

The Site contains links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information and other content or items belonging to or originating from third parties (the “Third Party Content”). VIDA is not responsible for, has no control over, and does not approve of or endorse these Third Party Sites or any Third Party Content. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site.

Monitoring

VIDA has the right, but not the obligation, to monitor the Site to determine compliance with these Terms and any other operating rules established by VIDA. VIDA has the right to review, modify, refuse or remove any material posted on the Site that we find to be in violation of these Terms or is otherwise objectionable, or to revoke the access rights of any user. You are solely responsible for any information you post or transmit on the Site, and you acknowledge and agree that VIDA does not have any liability for any action or inaction with respect to any posting on the Site. You hereby consent to any such review and/or removal, editing or rejection of Your Content.

Rules of Conduct and Community Standards

Your use of the Site is subject to all applicable local, state, national and international laws and regulations, and you agree not to violate such laws and regulations. Any attempt by any person to deliberately damage the Site is a violation of criminal and civil laws. In addition, you agree not to post any content that violates or infringes the rights of others or is illegal, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, uses the name or likeness of an identifiable natural person without such person’s prior written consent;, obscene, or any crude, vulgar or offensive depictions, images, language and/or symbols; gang signs or symbols; violence; explicit sexual activity; derogatory characterizations of any ethnic, racial, sexual, gender-identity, or religious groups, the humiliation of other people (publicly or otherwise), or any assault or threatening of others; illegal, bigoted or hateful, profane, scandalous, pornographic, indecent, or otherwise objectionable, gives rise to civil or criminal liability, or otherwise violates any applicable law; or any other content, displays, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by VIDA in its sole discretion, each of which is “Unauthorized Content”. You may not engage in any activity on the Site that restricts or inhibits any other user from using or enjoying the Site by “hacking,” “cracking,” “spoofing,” or defacing any portions of the Site.

You may not post or transmit advertising or commercial solicitations; promotional materials relating to website or online services; software or other materials that contain viruses, worms, time bombs, Trojan horses, or other harmful or disruptive components; political campaign materials; chain letters; mass mailings; spam mail; pyramid schemes; any robot, spider, website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or its Content. You may not harvest or collect information about Site visitors without their express written consent. Any person determined by VIDA, in its sole discretion, to have violated the intellectual property or other rights of others shall be barred from submitting or posting any further material on the Site.

When we consider that a breach of these Terms of Use or our Community Standards has occurred, we may take such action as we deem appropriate. Any such breach constitutes a material breach of these Terms of Use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:

Immediate, temporary or permanent withdrawal of your right to use our Site.
Immediate, temporary or permanent removal of any Materials uploaded by you to our Site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of our Terms of Use, including but not limited to our Rules of Conduct and Community Standards. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

Donations and Purchase of Products

All donations to VIDA are complete, final and tax-deductible charitable gifts to VIDA and are not refundable.

You acknowledge and agree that all donations made on this Site are at your own risk. You understand that making a donation does not give you any rights in or to the operation of VIDA.

If you donate $100 or more, your name and donor amount may be identified on VIDA’s donor page, unless you request otherwise at the time of the donation. By making a donation of $100 or more, you hereby consent to VIDA’s use of your name or organization name (as applicable) and donation amount for the purpose of identifying you as a donor on VIDA’s donor page, unless: (a) you elect to make a donation anonymously by checking the applicable box at the time of the donation, which will prevent the display of your name and your donation amount on the Site; or (b) after making the donation, you notify us in writing to have your name and donation amount removed from the Site, in which case, we will remove your name and donation amount as soon as reasonably practicable.

You may place an order for VIDA products, such as VIDA’s t-shirts, by following the instructions on the Site. VIDA reserves the right to decline to supply the products ordered by you and cancel your order for any reason at any time prior to dispatch of the products, in which case VIDA will refund you for the purchase of the relevant products. You are responsible for providing an accurate and complete delivery address for your order. If VIDA has made a mistake and the correct price of a product you ordered is higher than the price on the Site, VIDA may either contact you before shipping to request whether you want to buy the product at the correct price or cancel your order. From time to time, it is possible that shipping and other factors outside of VIDA’s control may result in delays and VIDA shall not be responsible for such delays.

All products purchased from VIDA are non-returnable and non-refundable. However, if VIDA ships the wrong product to you (for example, if VIDA ships a different sized t-shirt than the one you ordered), VIDA will, in its discretion, either provide you with a refund or ship the correct product to you, provided that you have notified VIDA in writing of the issue within 10 calendar days of receipt of the relevant product. To be entitled to a refund or replacement product (as applicable), you shall follow all instructions provided by VIDA, including if requested by VIDA, returning the product to VIDA in its original packaging, undamaged and in new condition suitable for resale. VIDA takes no responsibility for products lost in transit.

VIDA may in its discretion contract with a third party payment processer (such as PayPal or Printful) to process your donations or other transactions via the Site and you agree that the transaction is subject to the terms of service found on that payment processor’s website. VIDA is not responsible for the payment processor’s policies, including for deducting any transaction fees from your donation or account. VIDA does not guarantee the performance of its third party payment processors. Additionally, because of occasional failures of some credit cards and/or bank account withdrawals, VIDA cannot guarantee that VIDA will receive your donations.

Indemnification

You are solely responsible and liable for your communications and Your Content submissions (and the consequences) made under your name, user name, email address, Social Media account, and your registration and profile information, if any.

Any person or entity submitting content to the Site agrees to defend, indemnify and hold harmless VIDA and its officers, directors, members, successors in interest, employees, agents and licensors from and against any and all claims, losses, liabilities and expenses (including attorneys’ fees) related to or arising out of such submitted content, including without limitation claims made by third parties related to any false advertising claims, right of publicity, defamation or libel claims, liability claims for products or services sold by the person or entity submitting such content, claims for patent, copyright or trademark infringement, claims due to disruption or malfunction of services provided (pertaining to the submitted content), even if such content is reviewed by VIDA prior to publishing on the Site.

Disclaimer

TO THE EXTENT PERMITTED BY LAW, THE SITE AND ALL CONTENT, SERVICES, FEATURES, FUNCTIONALITIES, PRODUCTS, GOODS OR OTHER ITEMS AVAILABLE VIA THE SITE (COLLECTIVELY “MATERIALS”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANY MATERIALS DOWNLOADED, OBTAINED, PURCHASED OR USED IS DONE AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS (INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS).

EXCEPT AS MAY BE EXPRESSLY WARRANTED IN A SEPARATE LICENSE AGREEMENT OR OTHER WRITTEN AGREEMENT BETWEEN YOU AND VIDA, AND TO THE EXTENT PERMITTED BY LAW, VIDA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH REGARD TO THE MATERIALS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, VIDA DISCLAIMS ALL WARRANTIES CONDITIONS AND OTHER TERMS NOT EXPRESSLY SET OUT IN THIS AGREEMENT INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE AND/OR NONINFRINGMENT. YOU ASSUME THE ENTIRE RISK OF SELECTION AND USE OF THE MATERIALS. WITHOUT LIMITING THE FOREGOING, VIDA MAKES NO WARRANTY, CONDITION OR OTHER TERM THAT (i) THE MATERIALS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, COMPLETE OR ERROR-FREE, OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE OR RELIABLE.

NO ADVICE OR INFORMATION OBTAINED BY YOU FROM VIDA OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, CONDITION OR OTHER TERM NOT EXPRESSLY MADE HEREIN.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VIDA, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE FOR ANY LOSS OF BUSINESS, LOSS OF USE OR OF DATA, INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF YOUR USE OF THE SITE OR THE MATERIALS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS AND WHETHER OR NOT IT HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED. THIS EXCLUSION INCLUDES ANY LIABILITY THAT MAY ARISE OUT OF THIRD-PARTY CLAIMS AGAINST YOU.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH VIDA IN CONNECTION WITH THE SITE OR THE MATERIALS IS TO CEASE YOUR USE OF THE SITE. TO THE EXTENT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR DEATH CAUSED BY NEGLIGENCE, FRAUD, OR FRAUDULENT MISREPRESENTATION.

IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU TO THE EXTENT PERMITTED BY APPLICABLE LAW

Miscellaneous

These Terms and any operating rules for the Site constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The provisions of these Terms are for the benefit of the VIDA, its affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties. The section headings used herein are for convenience only and shall not be given any legal import.

These Terms, or any part thereof, may be modified by VIDA, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. Your use of the Site after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions

Jurisdiction

These Terms and all claims relating to the relationship between the parties are governed by the Federal laws of the United States and the laws of the State of Florida, U.S.A. without regard to choice of law provisions. Any action brought to enforce or interpret any provision of these Terms shall be brought exclusively in an appropriate federal and state court in the state of New York, and both you and VIDA irrevocably submits to the exclusive jurisdiction of such courts in any such legal suit, action or proceeding.

If one or more of the provisions contained in these Terms is held invalid, illegal or unenforceable in any respect by any court of competent jurisdiction, such holding will not impair the validity, legality, or enforceability of the remaining provisions.

The Terms were last amended on August 28, 2019.

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