Terms of Service
TERMS OF USE. You, and anyone you authorise to use your Account, may not engage in conduct which is unlawful or which inhibits another user from enjoying the Kirklees Grantmakers Alliance (KGA) social network or which the KGA in its sole discretion determines to be unacceptable. Even if you have paid to subscribe to any of the KGA services, the KGA reserves the right to terminate ALL of your Accounts if, in its sole discretion, it determines that through ANY of your accounts or nicknames, whether paid or free, you have engaged in any prohibited or unacceptable conduct. Please be advised that if you have paid to subscribe to any of the KGA services, your subscription fee WILL NOT be refunded (either in whole or in part) if your account is, or your accounts are, terminated or suspended, even if the termination is a result of unacceptable conduct through a free account or nickname. Without assuming the responsibility therefore, the KGA reserves the right to restrict conduct and/or take measures against conduct, which the KGA deems in its sole discretion to be harmful or offensive to other users or is unacceptable for any reason or no reason whatsoever or otherwise detracts from the KGA service or adversely affects the KGA in its business in any manner whatsoever. Without limiting the foregoing, examples of unacceptable conduct include: (a) threatening, harassing, or intimidating another user, (b) transmitting any unlawful, threatening, abusive, profane, offensive, defamatory, or hateful text or voice communication or images or other material, or any racially, ethnically or otherwise objectionable material, or any material that violates or infringes the intellectual property or privacy or publicity or other rights of any other party; (c) using any obscene or offensive alias; impersonating another user, including, without limitation, a KGA employee, administrator or representative; (d) disparaging the KGA service, the KGA or its representatives, administrators or employees or solicitation; (e) posting or transmitting any advertising, promotional materials or other forms of solicitation to other users without having consulted the KGA or seeking approval; or (f) disrupting the normal operation of any chat room or otherwise acting in a manner that negatively impacts other users or attempting, soliciting or abetting another to do any of the above. In addition, examples of unacceptable conduct include, but are not be limited to, hacking the network software, stealing the account or nickname of another user, sending a Trojan, worm, time bomb, cancelbot, or other disabling device or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or attempting, soliciting or abetting any of the above. Failure by the KGA to address unacceptable or otherwise prohibited behaviour on any occasion shall not constitute a waiver by the KGA with respect to any similar behaviour in the future. Without assuming the responsibility therefore, the KGA also reserves the right at its sole discretion to restrict the group activity of known or suspected hate group or other similar organisations.Use of the KGA software may include advertisements of various forms, which are necessary for the KGA to provide the service. Furthermore, all users, may see advertisements of various forms on Partner websites and/or applications. The KGA may use cookies, web beacons, and/or other monitoring technologies to compile anonymous statistics about our website visitors. For information about how information is collected and used, please see the KGA privacy policy at http://www.grantmakers-alliance.org/index.php?page=privacy.You further understand and agree that all information, data, text, software, music, sound, photographs, graphics, video, messages or other material ("Content") is provided by, and the responsibility of the person that provided that Content and that the KGA is not responsible for such Content. The KGA does not administer Commercial Rooms or other rooms and is not responsible for the content of Commercial or other rooms, unless specifically denoted. The KGA expresses no views as to the content of any room and is not responsible for any activities taking place therein. To the extent that you participate in any activity on the KGA, you do so at your own risk.If another KGA user attempts to send or sends you a video, graphic or other image or other visual depiction (an "Image" or "Images") and you do not know the user, you should use your judgment before agreeing to accept an Image. You hereby agree that your acceptance of such Images is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against the KGA Parties (hereinafter defined) arising out of, or relating to your acceptance of Images.In addition, you should be aware that if you elect to publish, distribute, disseminate or otherwise make available (hereinafter "Publish") an Image or speak to or send a text message to another user or users ("Chat"), such user or another user may be able to capture, reproduce and/or download the Images and/or Chat and redistribute it (or them) in undesired and/or unexpected forms, manners and/or venues and to persons or entities to whom or which you do not wish the Images or Chat to be distributed. Accordingly, you should not Publish any Images or Chat, unless you are prepared to have the Images or Chat disseminated to a wide audience and to persons and/or entities whom or which you might not want to see the Images or hear the Chat.You hereby agree that your Publishing of such Images or Chat is at your own risk and you waive all rights of any kind whatsoever in law, equity or otherwise worldwide, and all claims that you could possibly ever assert throughout the world against the KGA Parties (hereinafter defined) arising out of, or relating to your Publication of such Images or Chat.Notwithstanding the foregoing, it shall be a breach of the Terms of Service for a the KGA user to capture any Image or Chat that is Published on the KGA social network without the express written consent of (i) the person Publishing the Images or Chat and (ii) the person whose image is Published (if such person is different from the Publisher). No user or other party shall be deemed to be a third party beneficiary of the Terms of Service. THE KGA PICTURE REQUIREMENTS.Please follow the following guidelines when submitting a picture. The KGA strives to make the best possible user experience for all of its members, and this includes allowing users to express themselves in their own unique ways.All pictures must follow the below guidelines: • Cannot be blank or of poor quality.• Cannot be copyrighted, cannot contain the image of a celebrity.• Cannot be construed as harassing.• Cannot contain impersonations.• Cannot contain excessive violence.• No nudity.• No profanity or offensive language.• Nothing pornographic.• Nothing obscene or indecent.• Cannot be sexually graphic (no intercourse, bodily fluids, sexual activity, masturbation).Occasionally, with your permission, the KGA will feature your pictures in various places throughout the KGA websites, such as the KGA homepage, or other locations. NO SOLICITATION; NO DENIGRATION.As a condition to your use of the KGA social network, you agree that you will not either directly or indirectly (a) solicit, cause, or assist in soliciting or causing, any employee, officer, director, agent, administrator, consultant or any other person that is employed by, consults for, volunteers for, represents or assists the KGA (each a "Representative") to (i) terminate, suspend, discontinue or end such Representative's employment, consultancy and/or other relationship with the KGA, or (ii) become employed by, or work or consult for any other entity or person, (b) make any negative, denigrating or defamatory statement(s) or comment(s) about the KGA or any Representative, or otherwise engage in any conduct or action that might tarnish the image, reputation, ability or character of the KGA or any Representative, or otherwise tarnish or dilute any of the KGA's trade or service marks and/or its goodwill; or (c) solicit or cause any existing customer or client of the KGA to cease using, and/or any potential customer or client of the KGA not to use any the KGA products and/or services and/or to use any software and/or other product(s) and/or services that are competitive with the KGA's products and/or services; (d) aid, abet or authorize any person or entity to engage in any of the foregoing.HOSTING A CHAT ROOM.In accordance with the Terms of Service, you have the ability to create a private room on the KGA social network. If you are the host of a room and another user is not behaving in a manner that is consistent with the Terms of Service you are required to cease discussion with the user and report the matter to the KGA.ACCOUNT TERMINATION POLICY A. The KGA will terminate a User's access to its Website if, under appropriate circumstances, they are determined to be a repeat infringer. B. The KGA reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. the KGA may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion. LAW ENFORCEMENT.The KGA will fully cooperate with law enforcement in investigating or requesting information with respect to suspected criminal or other activity and, notwithstanding any provision herein to the contrary, may release your name and other information to the appropriate authorities for that purpose, with or without a subpoena. In addition, the KGA has the right, but not the obligation, to initiate its own review of the conduct of any user, either independently or as a result of a complaint by a third party user. Any investigation undertaken by the KGA would include all steps that the KGA deems appropriate in its sole discretion and the results of any such investigation could be disclosed to one or more appropriate parties.TERMINATION OF ACCOUNT.In the event that you engage in conduct prohibited by these Terms of Service, or otherwise commit any other breach of these Terms of Service, then ANY of the following may occur: you may be issued a warning; your access to online chat groups may be suspended or use of your account may be temporarily or permanently blocked; other action may also be taken against you. Please be advised that if you have paid to subscribe to any of the KGA services, your subscription fee will not be refunded (either in whole or in part) if your account is terminated or suspended.LIMITATION OF LIABILITY AND INDEMNIFICATION. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE KGA OR ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES (COLLECTIVELY "THE KGA PARTIES") OR ANY OF THEIR RESPECTIVE SUPPLIERS BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR DATA, OR ANY OTHER INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SOCIAL NETWORK, THE LICENSE OR OTHERWISE IN CONNECTION WITH THESE TERMS OF SERVICE, EVEN IF THE KGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY AGREE TO INDEMNIFY AND HOLD THE KGA PARTIES HARMLESS FROM AND AGAINST ANY AND ALL LOSS, COST, DAMAGE AND EXPENSE, INCLUDING BUT NOT LIMITED TO SOLICITORS' FEES AND COURT COSTS, ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE KGA SOCIAL NETWORK AND/OR YOUR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS OF SERVICE.GOVERNING LAW.The KGA social network shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts. If a court determines any remedy provided to you under this Terms of Service has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and remain in full force and effect. These Terms of Service may not be modified except to the extent of a written agreement to do so by an authorised representative of the KGA. The KGA reserves the right to modify these terms of this Agreement from time to time without notice to you, by posting the most current version of the Service on its website. In addition to these Terms of Service, you shall also be bound by the terms of any posted rules or guidelines applicable to your use of the KGA social network.CONSOLIDATION; CREDITORS RIGHTS.In the event of a merger, sale of assets or other corporate transaction involving the KGA or in the event of a bankruptcy, insolvency or other action involving creditors of the KGA or under other similar or related circumstances, the KGA reserves the right to disclose and/or sell information about you and your Account.
