| Terms of Service |
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Terms of service for the Society for Emotional Well-being Worldwide (“SEWW”)
1. ACCEPTANCE OF TERMS SEWW provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. 2. DESCRIPTION OF SERVICE SEWW provides users with access to a broad collection of resources, including various communications tools, written materials, networking access, and search services (the "Service"). You also understand and agree that the Service may include certain communications from SEWW such as service announcements, evaluations, and administrative messages, and that these communications are considered part of SEWW membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that SEWW assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that SEWW has created certain areas on the Service that are limited to registered members. Such areas were created in order to protect the privacy of SEWW members. 3. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's membership form (the "Membership Data") and (b) maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SEWW has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, SEWW has the right to suspend or terminate your membership and refuse any and all current or future use of the Service (or any portion thereof). SEWW is concerned about the safety and privacy of all its users. Any misuse of Membership Data should be reported to SEWW immediately. The purpose of SEWW is to establish a community that encourages the development and sharing of mental health resources. All interactions between members should be conducted with respect. 4. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify SEWW of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. SEWW cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4. 5. MEMBER CONDUCT You understand that all information, data, text, photographs, graphics, messages, links, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not SEWW are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. SEWW does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will SEWW be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to:
You acknowledge that SEWW may or may not pre-screen Content, but that SEWW and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, SEWW and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risk associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by SEWW or submitted to SEWW, including without limitation to information in SEWW message boards, e-mentoring, and in all other parts of the site. You acknowledge, consent and agree that SEWW may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for membership service; or (e) protect the rights, property or personal safety of SEWW, its users and the public. You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited. 6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. 7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE SEWW does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant SEWW the following worldwide, royalty-free and non-exclusive license(s), as applicable:
"Publicly accessible" areas of the Service are those areas of the SEWW website that are intended by SEWW to be available to the general public. By way of example, publicly accessible areas of the Service would include SEWW “Resources”, “Our Community”, and “Stories from the Field”. However, publicly accessible areas of the Service would not include portions of SEWW that are limited to members, SEWW services intended for private communication such as SEWW mentoring e-mail content, or areas off of the SEWW website such as portions of World Wide Web sites that are accessible via hypertext or other links but are not hosted or served by SEWW. 8. INDEMNITY You agree to indemnify and hold SEWW and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another. 9. NO RESALE OF SERVICE You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your SEWW ID), use of the Service, or access to the Service. 10. GENERAL PRACTICES REGARDING USE AND STORAGE You acknowledge that SEWW may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that uploaded Content will be retained by the Service, the maximum size of any uploaded document that may be received by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that SEWW has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that SEWW reserves the right to discontinue membership accounts that are inactive for an extended period of time. You further acknowledge that SEWW reserves the right to modify these general practices and limits from time to time. 11. MODIFICATIONS TO SERVICE SEWW reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that SEWW shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. 12. TERMINATION You agree that SEWW may, under certain circumstances and without prior notice, immediately terminate your SEWW membership account, any associated email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) engagement by you in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Services. Termination of your SEWW account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of the Service. Further, you agree that all terminations for cause shall be made in SEWW's sole discretion and that SEWW shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Service. 13. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because SEWW has no control over such sites and resources, you acknowledge and agree that SEWW is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that SEWW shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource. 14. SEWW'S PROPRIETARY RIGHTS You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by SEWW for use in accessing the Service. 15. DISCLAIMER OF WARRANTIES You expressly understand and agree that:
16. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT SEWW AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SEWW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. |
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