Date: December 12, 2023
Golden Retriever Club of Greater Los Angeles Rescue (GRCGLAR) greatly appreciates any user submitted content to our organization. We love to hear stories about our successful rescues weeks, months, or even years after a successful adoption. However, we do need to outline the terms and conditions for any user content submitted to us. By submitting content to use (in electronic or printed format, or on social media platforms, you consent and accept our terms and conditions for the content that you are submitting.
Acceptance of the Terms and Conditions
This Terms of Use Agreement (this "Agreement"), states the terms and conditions under which you may submit content to our Rescue organization. Please read this Agreement carefully.
Our organization contains information relating to the Golden Retriever Club of Greater Los Angeles Rescue - GRCGLAR ("the Rescue" or "We") in the form of text, graphics, news, reports, and other materials (tangible or intangible) ("Content"). We also conduct business and business related activities through our website located at www.grcglarescue.org and other online properties owned or controlled by or on behalf of the Rescue (collectively the “Site”). By accessing, browsing and/or using this Site you acknowledge that you have read, understood and agree to be legally bound by this Agreement. If you do not accept this Agreement (and therefore do not agree to be bound by this Agreement), do not use this Site. We reserve the right to amend this Agreement at any time by posting the amended terms on our Site.
Use of User Submitted Information.
You acknowledge that this Site contains Content that is protected by copyrights, trademarks, service marks, trade secrets, patents, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed.
User-generated content ("User Content") covers a wide umbrella of material: blogs, wikis, discussion posts, chats, tweets, podcasts, digital images, video, audio files, advertisements, and any other form of media generated and posted by users fall under "user-generated content."
This Terms of Use ( “Terms of Use”) is a binding contract between you, an individual user (“you” or “your”) and Golden Retriever Club of Greater Los Angeles Rescue - GRCGLAR ("the Rescue" or "We" or “us” or “our”) governing our use of the User Content submitted by you and submitted to the Site the related website located at www.grcglarescue.org and any other online properties owned or controlled by or on behalf of the Rescue (collectively the “Site”).
Material Terms : As provided in greater detail in these Terms of Use (and without limiting the express language of these Terms of Use), you acknowledge the following:
● the use of the Rescue's official website (www.grcglarescue.org) and its Content is licensed, not sold, to you, and you may use the Site only as set forth in their Terms of Use;
● you use the Site at your sole risk;
● the use of the Site may be subject to separate third-party terms of service and fees, including, without limitation, your mobile network operator’s (the “Carrier”) terms of service and fees, including fees charged for data usage and overage, which are your sole responsibility;
● you consent to the collection, use, and disclosure of your personal information in accordance with the Rescue's Privacy Policy
● disputes arising between you and the Rescue will be resolved by binding arbitration. By accepting these Terms of Use, you and the Rescue are each waiving the right to a trial by jury or to participate in a class action;
1. General Terms and Conditions.
a. Changes to these Terms of Use. You understand and agree that we may change these Terms of Use at any time without prior notice. The revised Terms of Use will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Terms of Use. If you find any change to these Terms of Use or the Site unacceptable, then your sole remedy is to stop accessing, browsing, and otherwise using the Site.
b. Privacy Policy. Your access to and use of the Site is also subject to the Rescue’s Privacy Policy, the terms and conditions of which are incorporated herein by reference.
c. Jurisdictional Issues. The Service is controlled and operated by the Rescue in the State of California. The Rescue makes no representation that materials on the Site are appropriate, lawful, or available for use in any locations other than the United States of America. Those who choose to access or use the Service from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized, or penalized is strictly prohibited.
d. Eligibility. The Site is not for persons under the age of 13 (or under 16 for individuals in the European Union) or for any users previously suspended or removed from the Site. IF YOU ARE UNDER 13 YEARS OF AGE (or under 16 in the EU), YOU MUST NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER. By accessing or using the Service, you affirm that either you are at least 13 years of age or you have been authorized to use the Service by your parent or legal guardian who is at least 18 years of age.
2. Intellectual Property Rights.
a. License. Subject to your complete and ongoing compliance with these Terms of Use, The Rescue hereby grants you a personal, limited, revocable, non-transferable license to access and use the Site solely for your personal, non-commercial use. The Rescue reserves all rights not expressly granted to you.
b. Content. Except for User Content, the content that the Rescue provides to end users on or through the Service, including without limitation, any Class (including the programming of such Class), text, graphics, photos, software, sound recordings (and the musical works embodied therein), and interactive features, may be protected by copyright or other intellectual property rights and owned by the Rescue or its third party licensors (collectively, the “Rescue Content”). You may not copy, reproduce, upload, republish, broadcast, transmit, retransmit, Post, modify, create derivative works of, publicly perform, publicly display, use for commercial purpose or distribute any materials from the Service without prior express written permission of the owner of such material. Your use of Rescue Content must be in compliance with applicable law. The Rescue reserves all rights on the part of its licensors; users are not permitted to infringe the rights of the copyright owners of the sound recordings included on the Service or any musical works embodied therein (collectively “Music”). The unauthorized reproduction or distribution of the Music is expressly prohibited any may violated applicable law and subject you to liability for copyright infringement.
c. Marks. The Rescue's trademarks, service marks, and logos (the “Rescue's Trademarks”) used and displayed on the Site are the Rescue's registered and unregistered trademarks or service marks. You may not use any Trademarks as part of a link to or from the Site without the Rescue's prior expressed written consent. You may not remove any Trademarks identifying the ownership or origin of any Rescue Content.
3. User Content.
a. Definition. “User Content” means any content that users upload, post or transmit (collectively, “Post”) to or through the Service including, without limitation, any text, comments and other works subject to protection under the laws of the United States or any other jurisdiction, including, but not limited to, patent, trademark, trade secret, and copyright laws, and excludes any and all Rescue Content.
b. Screening User Content. The Rescue offers end users the ability to submit User Content to or transmit User Content through the Site. The Rescue does not pre-screen any User Content, but reserves the right to remove, disallow, block, or delete any User Content in its sole discretion. The Rescue does not guarantee the accuracy, integrity, appropriateness, availability, or quality of any User Content, and under no circumstances will the Rescue be liable in any way for any User Content.
c. Licenses to User Content. While you retain ownership of any rights you may have in your User Content, you hereby grant the Rescue an unrestricted, assignable, sublicensable, revocable, royalty-free license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), make available, create derivative works from, retransmit from External Sites, and otherwise exploit and use (collectively, “Use”) all or any part of all User Content you Submit to the Rescue by any means and through any media and formats now known or hereafter developed, for the purposes of (i) advertising, marketing, and promoting the Rescue; (ii) displaying and sharing your User Content to other users of the Site; and (iii) providing the Content as authorized by these Terms of Use. You further grant the Rescue a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content. Any User Content posted by you to or through the Site or transmitted to the Rescue will be considered non-confidential and non-proprietary, and treated as such by the Rescue, and may be used by The Rescue in accordance with these Terms of Use without notice to you and without any liability to the Rescue.
d. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the User Content Posted by you on or through the Service or otherwise have the right to grant the license set forth in these Terms of Use; (ii) the Posting and Use of your User Content through the Rescue does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, including, but not limited to, the rights of any person visible in any of your User Content; (iii) the Submitting and Posting of your User Content within the Rescue's Marketing efforts and communication vehicles will not require us to obtain any further licenses from or pay any royalties, fees, compensation, or other amounts or provide any attribution to any third parties; and (iv) the Submission, Use, and or Posting of your User Content to the Site does not result in a breach of contract between you and a third party. You agree to pay all monies owing to any person as a result of your Submitting your User Content to the Site.
e. Waiver of Rights to User Content. By Submitting User Content to the Rescue, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain, or permit any action based on any moral rights that you may have in or with respect to any User Content you submit to the Rescue.
f. Objectionable Content. You agree not to submit any User Content to the Rescue that is or could be interpreted to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, objectionable, obscene, offensive, pornographic, shocking, threatening, unlawful, violent, vulgar, or in violation of any applicable laws (including laws related to speech); or (ii) promoting any product, good, or service, or bigotry, discrimination, hatred, intolerance, racism, or inciting violence (including suicide) (collectively, “Objectionable Content”). The Posting of any Objectionable Content may subject you to third party claims and none of the rights granted to you in these Terms of Use may be raised as a defense against such third party claims. The Rescue in its sole discretion may take any actions it deems necessary and/or appropriate to remove and delete any User Content deemed Objectionable Content.
4. External Sites. The Service may contain links to, or the ability to share information with, third party websites (“External Sites”). The Rescue does not endorse any External Sites or the content made available on such External Sites. The Rescue is not responsible for the content of any External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. You agree that the Rescue will have no liability to you arising from your use, engagement, exposure to, or interaction with any External Sites.
5. Dispute Resolution.
a. General. You and The Rescue agree that any dispute arising out of or in any way related to these Terms of Use or your use of the App, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms of Use, will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND THE RESCUE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
b. Exceptions. Notwithstanding Section 11.a above, nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
c. Arbitrator. Any arbitration between you and the Rescue will be governed by the Federal Arbitration Act and the Commercial Dispute Resolution Procedures and Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this EULA, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
d. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail (“Notice”). The Rescue's address for Notice is: GRCGLAR – PO Box 491209, Los Angeles, CA 90049. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or the Rescue may commence an arbitration proceeding.representative or class proceeding.
6. Limitation of Liability and Disclaimer of Warranties.
a. The Rescue, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, Volunteers, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “RESCUE'S PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SITE AND ANY CONTENT AVAILABLE ON THE SITE. THE RESCUE'S PARTIES WILL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO ANY USER, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE SERVICE AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR ALL CONTENT YOU UPLOAD TO THE SERVICE.
b. THE RESCUE'S PARTIES DO NOT WARRANT THAT THE SERVICE WILL OPERATE ERROR FREE, OR THAT THE SERVICE AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SERVICE OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THEN NO THE RESCUE'S PARTy WILL BE RESPONSIBLE FOR THOSE COSTS.
c. THE SERVICE AND ALL CONTENT THEREON ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, THE RESCUE'S PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
d. IN NO EVENT WILL ANY RESCUE PARTY BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM, OR IN CONNECTION WITH, THE USE OR INABILITY TO USE THE SERVICE AND ANY CONTENT THEREON, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH RESCUE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. RESCUE'S LIABILITY, AND THE LIABILITY OF ANY OTHER RESCUE'S PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE FEES YOU HAVE PAID US AND U.S. $100.
14. Third Party Disputes.
a. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the service, including, by way of example and not limitation, any carrier, copyright owner, or other user, is directly between you and such third party, and you irrevocably release the Rescue's parties from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
b. The owners of any content licensed to Rescue's for use on the Service are intended beneficiaries of these Terms of Use and shall have the right to enforce these Terms of Use against you for any unauthorized use of their content in any court of competent jurisdiction. The provisions of Section 11 do not apply to any dispute between you and a third party licensor of content to Aaptiv.
15. Indemnification. To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless the Rescue Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from (a) your breach of these Terms of Use; (b) your access to, use, or misuse of Rescue Content or the Site; or (c) your User Content. The Rescue will provide notice to you of any such claim, suit, or proceeding. The Rescue reserves the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section. In such case, you agree to cooperate with any reasonable requests assisting Rescue's defense of such matter at your expense.
17. Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in the Privacy Policy. Please read the Privacy Policy to learn more about your choices regarding our electronic communications practices.
18. Miscellaneous. These Terms of Use are governed by the substantive laws of the State of California without respect to its conflict of law provisions. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied, or other relationship is created between you and the Rescue other than pursuant to these Terms of Use. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms of Use, which will remain in full force and effect. Failure of the Rescue to act on or enforce any provision of these Terms of Use will not be construed as a waiver of that provision or any other provision in these Terms of Use. No waiver will be effective against the Rescue unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by the Rescue and you, these Terms of Use constitute the entire agreement between you and the Rescue with respect to the subject matter hereof, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein. These Terms of Use will inure to the benefit of our successors and assigns. You may not assign these Terms of Use or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of the Rescue.
19. Contact Us. You may contact us in connection with your use of the Site by mail at GRCGLAR, PO Boxc 491209, Los Angeles, CA 90049, or by email at info@grcglarescue.org.
