THE WELCOMING COMMITTEE
WEBSITE TERMS AND CONDITIONS
The Welcoming Committee website and services are provided by The Welcoming Committee, Inc. (“TWC”, “we” “us” or “our”). These terms and conditions (these “Terms and Conditions”) govern your (“you” or “your”) access to and use of the www.thewelcomingcommittee.com website (the “Website”) and all services provided by TWC via the Website and the related mobile application (the “Mobile App”) including without limitation our events and travel planning services for the LGBT community (collectively, the “Services”).
The Welcoming Committee is a provider of events and travel services for the LGBT community that plans, markets, and facilitates “takeovers” of spaces. TWC’s goal of a “takeover” is to bring an LGBT group together at a venue to create a similar type of comfort that exists for gay people in gay bars. Through the events that TWC organizes from time to time (the “Events”), TWC enables LGBT people to experience Venues (as defined below) that may otherwise seem uninviting. Events may include without limitation bar nights, sporting events, concerts or other activities. As most Events are operated by third-party service providers (“Operators”) or at third-party Venues (defined below) some Events may require advance booking to attend; whereas, other Events may be open at the time of the Event. TWC may also offer third-party product and service offerings through the Services for members to purchase.
“Operator” means a third-party who owns and operates a Venue(s), provides services at a Venue or who otherwise manages services related to an Event.
“Products” means goods or wares offered through the Services for purchase from time to time whether supplied by TWC or a third-party Vendor.
“Third-Party Event Registration Service” means the online services provided by Eventbrite, Inc. or such other party as TWC may change from time to time in its sole discretion.
“TWC Offerings” means (i) the Services, including, without limitation, the organizing of Events, but excluding Venue Services and (ii) any Products that are not Vendor Offerings.
“Vendor” means the third-party that provides Vendor Offerings to TWC members.
“Vendor Offerings” means third-party vendor offerings including, without limitation, ticket/registrations, merchandise, travel and reservation services, booking services , and other products and services.
“Venue” means a night club, bar, stadium, casino, event facility or other third-party venue where an Event occurs or where a Vendor Offering is provided.
“Venue Services” means any services provided by an Operator or on behalf of an Operator at a Venue.
2. Use of the Website; Acceptance of Terms.
By using our Website or by becoming a member of our Website, you indicate your unconditional acceptance of these Terms and Conditions. Please read them carefully, as they may have changed since your last visit. The most recent version of these Terms and Conditions may be viewed at thewelcomingcommittee.com/termsandconditions. As a condition of your use of this Website, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to create a binding legal obligation; (iii) you will use this Website in accordance with these Terms and Conditions; (iv) you will only use this Website to make legitimate reservations for you or for another person for whom you are legally authorized to act; (v) you will inform such other persons about the terms and conditions that apply to the reservations you have made on their behalf, including all rules and restrictions applicable thereto; (vi) all information supplied by you on this Website is true, accurate, current and complete, and (vii) if you have an TWC account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by you and anyone other than you. We retain the right at our sole discretion to deny access to anyone to this Website and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms and Conditions.
3. Scope of Service.
TWC maintains this Website as a service to the user community that visits the Website subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our Website and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this Website or the Services in whole or in part, at any time and for any reason, without notice. The Website may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
4. Registration and Membership.
As a registered user of TWC, you agree to receive emails promoting any special offer(s), including TWC Offerings and Vendor Offerings. We may from time to time send you our newsletter with information about upcoming Events, Vendor Offerings, or TWC Offerings. You may opt-out from receiving special promotions or our newsletter by emailing email@example.com or selecting to unsubscribe as may be provided in the applicable e-mail correspondence.
5. Event Booking; Payment.
We use a Third-Party Event Registration Service in lieu of directly processing your registration/reservation information. By submitting your registration/reservation information, you grant TWC the right to store and process your information with the Third-Party Event Registration Service, which third-party TWC may change from time to time; you agree that TWC will not be responsible for any failures of the Third-Party Event Registration Service to adequately protect such information or to adequately process such registration/reservation information. All financial matters regarding your information are subject to the conditions of the Third-Party Event Registration Service’s terms of service; the current versions is attached as a link at http://www.eventbrite.com/tos/. You acknowledge that we may change the Third-Party Event Registration Service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
6. Product Purchases; Payments.
To the extent made available on the Website, you may purchase Vendor Offerings or TWC Offerings through the Third-Party Event Registration Service or as otherwise as set forth on the Website. Events may be free admission. The price of the Vendor Offerings and TWC Offerings are payable in full upon registering or making a reservation, unless otherwise set forth on the Website. Please check our Website for a list of credit cards and other payment methods that we accept.
We or our Third-Party Event Registration Service may use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant TWC the right to store and process your information with the third party payment service, which we may change from time to time; you agree that TWC will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider’s terms of service. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.
You acknowledge and agree that, as between you and TWC, all purchases made through the Services or Third-Party Event Registration Service are final and non-refundable. The applicable Vendor is solely responsible for making any decisions regarding refunds that you may feel you are entitled to for purchases made through the Services, and you agree to address any such requests solely to the applicable Vendor for the respective Vendor Offering. If you believe you have been charged by us in error, please contact us via e-mail at firstname.lastname@example.org. You acknowledge that, as with any transmission of credit card information over the Internet or through a wireless network, we cannot guarantee the security of your credit card information.
7. Vendor Rules and Restrictions.
Additional terms and conditions will apply to your reservation and purchase of Vendor Offerings that you select. Please read each Vendor’s terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Vendor with whom you receive Vendor Offerings, including, but not limited to, payment of all amounts when due and compliance with the Vendor's rules and restrictions regarding availability and use of Vendor Offerings. We reserve the right to cancel your order if full payment is not received in a timely fashion. You acknowledge that some Vendors may require you to sign their liability waiver prior to participating in the Vendor Offering. You understand that any violation of any such Vendor's rules and restrictions may result in cancellation of your reservation(s)/registration(s), in your being denied access to the applicable Vendor Offerings, in your forfeiting any monies paid for such Vendor Offerings, and/or in our debiting your account for any costs we incur as a result of such violation.
8. Prepaid Reservations to Events and Vendor Offerings.
You acknowledge that TWC pre-negotiates certain group rates with Vendors to facilitate the booking of registration or reservations on your behalf, or the availability of Vendor Offerings. The group rate provided by TWC is a combination of the pre-negotiated group rates for Event registration or other Vendor Offerings plus the facilitation fee retained by TWC for our Services. Upon selecting an Event or TWC Offering on our Website or through the Third-Party Event Registration Service, you authorize TWC or its or Third-Party Event Registration Service to book Events and Vendor Offerings for the total price, which includes the group rate displayed on the Website, plus tax recovery charges, service fees, and where applicable, taxes. You agree that your payment account or credit card will be charged by TWC for such total price. Upon submitting your request to register or purchase Event admission or Vendor Offering, you authorize TWC to facilitate the registration or purchase on your behalf, including making payment arrangements with Vendors.
9. Travel Destinations.
TWC urges members who purchase Vendor Offerings for travel to a foreign country to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.
BY INCLUDING VENDOR OFFERINGS IN THE SERVICES FOR SALE OF TRAVEL TO PARTICULAR DESTINATIONS, ESPECIALLY INTERNATIONAL DESTINATIONS, TWC DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH DESTINATIONS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
10. Shipping and Risk of Loss for Products.
All shipping and risk of loss for any Vendor Offerings or Venue Services are solely between You and the applicable Vendor or Operator.
For all TWC Offerings that you purchase through the Website, unless otherwise indicated at the time of your purchase, shipping and handling fees are included with your order. Shipping dates and/or arrival times are only estimates. For loss/damage claims, you must notify TWC within 30 days of the date of your purchase if you believe all or part of your order is missing or damaged. Replacement of TWC Offerings and credits to your account for shipped merchandise claimed as not received are subject to our investigation, which may include postal-service notification. We will adjust your account at our discretion.
Repeated claims of undelivered products or services may result in the cancellation of your membership.
11. Returns and Exchanges of Products.
Vendor Offerings and Venue Services are provided by TWC “AS-IS” and are subject only to any applicable manufacturer’s, Operator’s or Vendor’s warranty, and any returns or exchanges of defective Vendor Offerings or Venue Services may only be handled through the applicable manufacturer, Operator or Vendor.
If a TWC Offering is defective, you may return it and we will re-perform, replace or credit your account, in TWC’s sole discretion. To request a refund, please contact us at email@example.com. When returning TWC Offerings that are Products, it is your responsibility to take reasonable care to see that such Products are not damaged in transit and are received by us at our address as displayed on the Website.
You may be charged local sales tax or VAT, if applicable.
a. This Website may be accessed from countries other than the United States. This Website and the Services may contain products or references to products that are only available within the United States and U.S. territories. Any such references do not imply that such products will be made available outside the United States. If you access and use this Website outside the United States you are responsible for complying with all applicable local laws and regulations.
b. We make no representation that information on this Website, or the TWC Offerings or Vendor Offerings we provide, are appropriate or available for use outside the United States. Those who choose to access this Website from outside the United States do so on their own initiative and at their own risk.
14. Termination; Membership Cancellations.
We may terminate your membership, without notice, for conduct we believe violates these Terms and Conditions or our policies, is harmful our business interests, or for an inactive account. Termination of your membership, shall not affect any obligations that you have accrued under these Term and Conditions prior to such termination. TWC also may terminate the Website immediately as part of a general shut down of our Services.
We work hard to make your membership satisfying; however, you may cancel your ongoing membership through the account page on the Website or by emailing us at firstname.lastname@example.org.
TWC will have no obligation to provide a refund of any amounts previously paid to TWC. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, irrevocable license grants, warranty disclaimers, indemnity, release and limitations of liability.
YOU ACKNOWLEDGE AND AGREE THAT TWC DOES NOT PROVIDE VENUE SERVICES OR VENDOR OFFERINGS AND ACTS SOLELY AS A SALES CHANNEL BETWEEN YOU AND THE OPERATOR OR VENDOR. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TWC HAS NO CONTROL OVER, AND IS NOT RESPONSIBLE FOR, VENDOR OFFERINGS OR ANY ACTIVITY THAT OCCURS AT A VENUE, INCLUDING BUT NOT LIMITED TO: YOUR BEING DENIED ACCESS (INCLUDING BECAUSE OF AGE RESTRICTIONS) TO A VENUE, YOUR BEING REQUIRED TO LEAVE A VENUE, ANY INTERACTIONS BETWEEN VENUE PERSONNEL AND YOU OR YOUR GUESTS OR ANY INTERACTIONS BETWEEN YOU OR YOUR GUESTS AND OTHER VENUE GUESTS. YOU MUST SUBMIT ANY COMPLAINT REGARDING A VENDOR, OPERATOR, VENUE OR VENUE SERVICES DIRECTLY TO THE OPERATOR OR VENUE; TWC WILL NOT BE RESPONSIBLE FOR FORWARDING SUCH COMPLAINTS ON YOUR BEHALF. YOU ACKNOWLEDGE THAT IT IS THE SOLE RESPONSIBILITY OF THE OPERATOR TO RESOLVE ANY COMPLAINTS OR ISSUES YOU MAY HAVE RELATING TO A VENUE, VENUE SERVICE OR VENUE OPERATOR.
TWC IS NOT INVOLVED IN THE PROVISION OF VENDOR OFFERINGS OR VENUE SERVICES AND IS NOT RESPONSIBLE FOR THE ACTIONS OF OTHER MEMBERS. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE VENDOR, VENUE, OPERATOR, VENUE GUESTS, OR OTHER MEMBER, YOU HEREBY RELEASE TWC (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. TWC EXPRESSLY DISCLAIMS ANY LIABILITY OR CLAIMS THAT MAY ARISE BETWEEN A VENDOR, VENUE, OPERATOR, VENUE GUESTS, OR OTHER USER. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, 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."
16. Liability Disclaimer.
YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL TWC BE LIABLE FOR ANY LOSS OR DAMAGE FROM TWC OFFERINGS OR YOUR RELIANCE ON INFORMATION IN ANY CONTENT ON THIS WEBSITE. YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY ARISING FROM OR RELATING IN ANY WAY TO ANY TWC OFFERING SHALL BE ITS REPLACEMENT OR A CREDIT TOWARDS A FUTURE PURCHASE, IN TWC’S DISCRETION.
EXCEPT AS EXPRESSLY PROVIDED HEREIN, ALL PRODUCTS, SERVICES TWC OFFERINGS, VENDOR OFFERINGS, CONTENT, EVENT INFORMATION AND ALL TEXT, IMAGES, AND OTHER INFORMATION ON OR ACCESSIBLE FROM THIS WEBSITE ARE PROVIDED "AS IS" AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITATION, TWC DOES NOT WARRANT THAT: (i) THE INFORMATION AVAILABLE ON THIS WEBSITE IS FREE OF ERRORS; (ii) THE PRODUCTS, SERVICES, VENDOR OFFERINGS OR CONTENT ARE NOT DEFECTIVE; (iii) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING AND UPLOADING OF CONTENT) PROVIDED BY THIS WEBSITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS; (iv) DEFECTS WILL BE CORRECTED, OR (v) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
THE VENDORS PROVIDING VENDOR OFFERINGS AND OPERATORS OPERATING VENUES AND PROVIDING VENUE SERVICES ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF TWC. TWC IS NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH VENDORS, OPERATORS, VENUES OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. TWC SHALL HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
18. Limitation of Liability.
IN NO EVENT SHALL TWC AND/OR ITS RESPECTIVE VENDOR BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEBSITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF TWC AND/OR ITS RESPECTIVE VENDORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TWC’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICESWHETHER IN CONTRACT, TORT, OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT YOU PAID TO TWC IN THE THEN-PRIOR CALENDAR MONTH.
By using this Website, our TWC Offerings, Vendor Offerings, or Venue Services you agree to indemnify, hold harmless and defend TWC from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of this Website, our Services, TWC Offerings, Vendor Offerings, or Venue Services by you or any other person accessing the Website using your member login account.
20. Website Content.
Users have a personal, non-transferable, non-exclusive right to access and use the Content of this Website subject to these Terms and Conditions. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Website or Services, whether created by us or provided by another person for display on the Website or through the Services.
The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.
You may view, copy, download, and print Content that is available on this Website or through the Services, subject to the following conditions:
a. The Content may be used solely for internal informational purposes. No part of this Website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.
b. The Content may not be modified.
c. Copyright, trademark, and other proprietary notices may not be removed.
21. Photographs from Events or other Activities.
We may post pictures on the Services from time to time from Events or other activities that include our Users (collectively, the “photographs”). Each User hereby grants to TWC. a perpetual, irrevocable, transferable, sublicensable, royalty-free right to use in any manner, all such photographs, and any portions thereof, which can be used presently and in the future with no limitation with regards to purpose or time. You hereby release TWC and its successors from any claim of any kind or nature whatsoever arising from the use of photographs. You understand there will be no compensation made to you for use of the photographs.
22. Content Submitted by Users.
a. Rights in Content. TWC does not claim ownership of any materials you make available through the Website. With respect to any materials you submit or make available for inclusion on the Website, you grant TWC a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials. This license shall remain in effect until we delete such materials from our systems. You hereby represent, warrant and covenant that any materials you provide do not include anything (including, but not limited to, text, images, music or video) to which you do not have the full right to grant TWC the license specified above. You further represent, warrant and covenant that any materials you provide will not contain libelous or otherwise unlawful, abusive or obscene material. TWC will be entitled to use any content submitted by you without incurring obligations of confidentiality, attribution or compensation to you.
c. Liability. We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through our Website, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of TWC. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to this Website is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to this Website.
d. Monitoring. We have the right, but not the obligation, to monitor Content submitted to our Website through an online discussion forum or chat room, to determine compliance with these Terms and Conditions and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through this Website. Without limiting the foregoing, we have the right to remove any material that TWC, in its sole discretion, finds to be in violation of these Terms and Conditions or otherwise objectionable, and you are solely responsible for the Content that you post to this Website.
e. Lobbying. Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by TWC, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
23. Prohibited Conduct.
By accessing our Website or any chat room, online discussion forum, or other Service provided through our Website, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Website or any related chat room or online discussion forum to:
a. use this Website, the Services or Content for any commercial purpose;
b. Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by TWC.
c. Use a name or language that TWC, in its sole discretion, deems offensive.
d. Post defamatory statements.
e. Post hateful or racially or ethnically objectionable Content.
f. Post Content which infringes another's copyright, trademark or trade secret.
g. Post unsolicited advertising or unlawfully promote products or services.
h. Harass, threaten or intentionally embarrass or cause distress to another person or entity.
i. Impersonate another person.
j. Promote, solicit, or participate in any multi-level marketing or pyramid schemes.
k. Exploit children under 18 years of age.
l. Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.
m. Introduce viruses, worms, Trojan horses and/or harmful code to the Website.
n. Obtain unauthorized access to any computer system through the Website.
o. Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent’s consent in the case of a child under 13 years of age).
p. Solicit personal information from children under 13 years of age.
q. Violate any federal, state, local, or international law or regulation.
r. Encourage conduct that would constitute a criminal or civil offense.
24. Minors not Admitted.
TWC services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. We will revoke the Login Credentials of anyone we believe is under 18 years of age.
25. Intellectual Property Rights.
Unless otherwise noted, all Content contained on this Website is the property of TWC and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Copyright © 2013 - 2014 The Welcoming Committee, Inc. ALL RIGHTS RESERVED. The TWC logo and THE WELCOMING COMMITTEE are trademarks of The Welcoming Committee, Inc.
We do not claim ownership of Content submitted by users without compensation by TWC and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us the license set forth in Section 21(a).
26. Copyright Infringement; Notice and Take Down Procedures. If you believe that any materials on this Website infringe your copyright, you may request that they be removed. This request must bear a signature (or electronic equivalent) of the copyright holder or an authorized representative and must include the following information: (1) identification of the copyrighted work that you believe to be infringed, including a description of the work and, where possible, a copy or the location of an authorized version of the work; (2) identification of the material that you believe to be infringing and its location, including a description of the material, its Website location or other pertinent information that will help us to locate the material; (3) your name, address, telephone number, and email address; (4) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (5) a statement that the information in your claim is accurate; and (6) a statement that "under penalty of perjury," you declare that you are the lawful copyright owner or are authorized to act on the owner’s behalf. You can reach our agent for copyright issues relating to this Website at email@example.com.
In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, of users of this Website who are repeat infringers.
- Governing Law; Dispute Resolution. These Terms and Conditions shall be governed by the laws of the Commonwealth of Massachusetts, excluding: its conflicts of laws principles; the United Nations Convention on Contracts for the International Sale of Goods; the 1974 Convention on the Limitation Period in the International Sale of Goods; and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. All disputes arising out of or relating to these Terms and Conditions shall be finally resolved by arbitration before a single arbitrator conducted in the English language in Boston, Massachusetts, U.S.A. under the Commercial Arbitration Rules of the American Arbitration Association (AAA). You and TWC shall appoint as sole arbitrator a person mutually agreed by You and TWC or, if You and TWC cannot agree within thirty (30) days of either party’s request for arbitration, such single arbitrator shall be selected by the AAA upon the request of either party. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding this, application may be made to any court for a judicial acceptance of the award or order of enforcement. Notwithstanding the foregoing, TWC shall be entitled to seek injunctive relief, security or other equitable remedies from the United States District Court for the District of Massachusetts or any other court of competent jurisdiction.
- No Implied Endorsements. In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by TWC of that third party or of any product or service provided by a third party. Likewise, a link to any third party Website does not imply that we endorse or accept any responsibility for the content or use of such a Website. TWC does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through this Website and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.
- Assignment. You may not assign or transfer these Terms and Conditions in whole or in part to any third party. These Terms and Conditions shall bind and inure to the benefit of the parties to these Terms and Conditions and their respective successors, permitted transferees, and permitted assigns.
- Export Restrictions. The laws of the United States of America prohibit the export of certain products, software and data to particular persons, territories and foreign states. Nothing from the Services may be exported, in any way, in violation of United States law.
- Headings; Severability. The headings and captions used in these Terms and Conditions are used for convenience only and are not to be considered in construing or interpreting these Terms and Conditions. If any part of these Terms and Conditions is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
- Entire Agreement. These Terms and Conditions constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.
- For Additional Information. If you have any questions about these Terms and Conditions, please contact firstname.lastname@example.orgCopyright 2012, The Welcoming Committee, Inc. All Rights Reserved.
Version: November 18, 2012