By using The Grief Dialogues web site located at http://www.griefdialogues.com (the “Web Site”), you agree to be bound by the following terms of service, as well as any other guidelines, rules and additional terms referenced herein, and rules are hereby incorporated herein by this reference (collectively, “Terms of Service”).
These Terms of Service set out the legally binding terms with respect to your use of and our provision of the Web Site and our services. Please read these Terms of Service carefully. Your access to or use of the Web Site constitutes your acceptance of all the provisions of these Terms of Service. If you are unwilling to be bound by these Terms of Service, do not access or use the Web Site.
Changes to the Terms of Service or Web Site
You agree and understand that these Terms of Service and the Web Site may be modified at any time without prior notice, and such modifications will be effective upon the posting of the new terms and/or upon implementation of the new changes on the Web Site. You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Web Site after any modifications indicates your acceptance of the modified Terms of Service. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Web Site implemented after your initial access to the Web Site shall be subject to these Terms of Service.
Registration and Security
In order to use or access some of features of the Web Site, you may be required to register and to select a password and user name. If you register, you agree to provide accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. You may not: (i) enter, select or use a false name or an email address owned or controlled by another person with the intent to impersonate that person, or (ii) use as a user ID a name subject to any rights of a person other than yourself without appropriate authorization. We reserve the right to refuse registration of, or cancel a user ID in our sole and absolute discretion. You shall be responsible for maintaining the confidentiality of your password and are fully responsible for all activities that occur under your user ID and password. Any user ID and password provided to you for your access to the Web Site shall be for your personal use only. You agree to (a) immediately notify us of any unauthorized use of your user ID or password, and (b) ensure that you exit from your account at the end of each session.
Use of the Web Site
You may download or copy the portions of the information, data, text, sound, photographs, graphics, video, messages and other materials available via the Web Site (“Content”) for your own use, provided that you maintain all copyright and other notices contained in such Content. We do not control the Content posted by third parties via the Web Site, including the content of any messages, comments or postings, and does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Web Site you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will we be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use of any Content. You are responsible for complying with all laws applicable to the Content you submit to the Web Site. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the Content, integrity, and accuracy of such Content. We reserve the right, in its sole discretion, to edit and delete links or content that we deem offensive and non-compliant with our Terms of Service. We also reserve the right to append or edit links submitted by users with our affiliate marketing tags. Links submitted by users with their own affiliate codes will be modified accordingly.
Restrictions on Rights to Use
You shall not (and you agree not to allow any third party to):
- modify, adapt, translate, or reverse engineer any portion of the Web Site;
- remove any copyright, trademark or other proprietary rights notices contained in or on the Web Site;
- use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Web Site;
- collect any information about other users or members (including usernames and/or email addresses) for any purpose;
- reformat or frame any portion of the web pages that are part of the Web Site;
- create user accounts by automated means or under false or fraudulent pretenses;
- create or transmit unwanted electronic communications such as “spam” to other users or members of the Web Site or otherwise interfere with other user’s or member’s enjoyment of the Web Site;
- submit any third party materials or Content without such third party’s prior written consent;
- submit any Content or material that falsely express or imply that such Content or material is sponsored or endorsed by us;
- submit any Content or material that infringes, misappropriates or violates the intellectual property, publicity, privacy or other proprietary rights of any party;
- transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature;
- use the Web Site to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene;
- copy or store any Content offered on the Web Site for other than your own use;
- submit Content or materials that are unlawful or promote or encourage illegal activity;
- submit false or misleading information to us;
- take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
- use the Web Site, intentionally or unintentionally, to violate any applicable local, state, national or international law; or
- collect or store personal data about other users in connection with the prohibited activities described in this paragraph.
Content Posted By You on the Web Site.
- You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
- You understand and agree that we may review and delete any Content (posts, links, images, profiles, comments, messages, etc.) that in our sole judgment violates these Terms of Service or which might be offensive, illegal, or that might violate the rights of, harm, or threaten the safety of other users or members of the Web Site.
- You are solely responsible for any Content that you publish or display on the Web Site or transmit to other members and/or users of the Web Site.
- You are solely responsible for your ratings and comments on the Web Site. We reserve the right, but have no obligation, to monitor disputes between you and any other user.
- You agree that you will only post Content that you believe to be true and you will not purposely provide false or misleading information.
- By posting Content on the Web Site, you agree to and hereby do grant, and you represent and warrant that you have the right to grant, us and our contractors and the users of the Web Site an irrevocable, perpetual, non-exclusive, royalty-free, fully sublicensable and transferable, fully paid up, worldwide license to use, copy, publicly perform, digitally perform, publicly display, and distribute such Content and to prepare derivative works of, or incorporate into other works, such Content, all without any compensation to you or any other person.
- The following is a partial list of the kind of Content and communications that are illegal or prohibited on or through the Web Site. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Web Site and terminating the membership of such violators or blocking your use of the Web Site. You may not post Content that:
- is false or intentionally misleading;
- is patently offensive to users of the Web Site, such as Content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of unsolicited mass mailing or “spamming”;
- promotes illegal activities or conduct that is abusive;
- is threatening, obscene, defamatory or libelous;
- is pornographic or sexually explicit in nature; and
- seeks or recommends providers of material that exploits people under the age of 18 in a sexual or violent manner, or seeks or recommends providers that solicit personal information from anyone under 18.
We respect the intellectual property rights of others, and we ask that our users do the same. It is our policy to disable access to or remove material that we believe in good faith to be infringing on a copyrighted work. We also disable and/or terminate the accounts of users whom we believe in good faith are repeatedly infringing copyrighted works.
Copyright Dispute Policy
We have adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of our Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is provided at the bottom of this section.
It is our policy to (i) block access to or remove material that we believe in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, Content providers, members or users; and (ii) remove and discontinue service to repeat offenders.
If you believe that material or Content residing on or accessible through the Web Site infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below (“Proper Bona Fide Infringement Notification”):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, email address;
- A statement that the notifier has a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
Once a Proper Bona Fide Infringement Notification is received by the Designated Agent, it is our policy:
- to remove or disable access to the infringing material;
- to notify the Content provider, member or user that it has removed or disabled access to the material; and
- that repeat offenders will have the infringing material removed from the system and that we will terminate such Content provider’s, member’s or user’s access to the service.
If the Content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner’s agent, or pursuant to the law, the Content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
- The Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the Content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which we are located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Our designated Copyright Agent to receive notifications of claimed infringement is: Elizabeth Coplan, 1107 First Avenue, Suite 605, Seattle, WA 98101. firstname.lastname@example.org, 866-966-4944 ext. 201
You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.
Contacts With Other Users
If you enter into correspondence or engage in contact or transactions with third parties in connection with your use of the Web Site, such activity is solely between you and the applicable third party. We shall have no liability, obligation or responsibility for any such activity. You hereby release us from all claims arising from such activity.
Except for the Content submitted by members or users, the Web Site and all aspects thereof, including all copyrights, trademarks, and other intellectual property or proprietary rights therein, is owned by us or their respective owners. You acknowledge that the Web Site and any underlying technology or software used in connection with the Web Site contain our proprietary information. You may not modify, reproduce, distribute, create derivative works of, publicly display or in any way exploit, any of the content, software, and/or materials available on the Web Site in whole or in part except as expressly provided in our policies and procedures made available via the Web Site. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in the Web Site not expressly granted by us to you are retained by us.
THE WEB SITE IS PROVIDED ON AN “AS IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO THE OPERATION OF THE WEB SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEB SITE OR IN ASSOCIATION WITH THE WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE FURTHER DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEB SITE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER OF THE WEB SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEB SITE OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY OTHER USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
WE DO NOT WARRANT OR COVENANT THAT THE WEB SITE WILL BE AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. ANY MATERIAL OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
Limitation Of Liability
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference).
WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND SUPPLIERS WILL NOT BE LIABLE UNDER ANY THEORY OF LAW, FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO LOSS OF PROFITS, BUSINESS INTERRUPTION, AND/OR LOSS OF INFORMATION OR DATA. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE USE OF OR ACCESS TO THE WEB SITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (ii) $100 . IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO 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.”
You agree to indemnify and hold us, our owners, parents, subsidiaries, affiliates, agents, officers, employees and related persons and entities, harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your access to the Web Site, (ii) your use of the Web Site, (iii) the violation of these Terms of Service by you, or (iv) the infringement by you, or any third party using your account or user ID or password, of any intellectual property or other right of any person or entity.
If there is any dispute about or involving the Web Site, you agree that the dispute will be governed by the laws of the State of Washington without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the County of Kitsap, State of Washington.
References above to “we”, “us”, and “our” refer to the owners and editors of the Web Site and all of their employees, officers, directors, members, agents and affiliated or related persons and entities.
Last Updated: April 28, 2016