SouthSoundProud.Org Terms of Service
Effective Date: July 25, 2019
Welcome to South Sound Proud! This website (www.southsoundproud.org) (the “Site”) is owned by the members of South Sound Together (“South Sound,” “we,” “us,” or “our”). The following terms of service (“Terms”) govern your use of the Site on any platform and in any format, including mobile apps.
We have the right, at our sole discretion, to enhance, change or discontinue all or part of the Site at any time. We may also update or change these Terms from time to time, as needed. When we make a change to the Terms, we will inform you by changing the date at the top of this page.
Use of South Sound Proud Badge
We invite you to access, customize, use and share the South Sound Proud badge as permitted in the Usage Guidelines.
Copyright and Trademark
Except for the South Sound Proud badge, which you are invited to use as permitted by the Usage Guidelines, all the other content on the Site (including designs, icons, software, scripts, source code, graphics, photos, images, and the names, logos and trademarks of South Sound’s members and sponsors) (the “Site Content”) is proprietary and protected by applicable intellectual property law. Subject to these Terms, we grant you permission to access the Site and view the Site Content solely for your personal, non-commercial use. Except as expressly permitted by these Terms, Site Content may not be used, copied, reproduced, distributed, displayed, sold, licensed, modified, adapted, used in derivative works or otherwise exploited for any purpose without our prior written consent. We may change any Site Content without notice.
Information You Submit to the Site
If you upload an image to the Site to customize and share, you warrant that you have all necessary rights and licenses to use that image and that such use will not violate any third party’s right of privacy, publicity or intellectual property. We are not required to store or save any uploaded images. If you share a customized image or any other Site Content through a third-party platform (for example, Twitter of Facebook), the terms of that third-party platform will apply.
We Do Not Control Third-Party Content or Platforms
The Site makes certain content, resources and services available using third-party tools and platforms. For example, the Site may offer:
We may limit the amount of storage space, activity, bandwidth or any other resources available through the Site in our discretion. Periodically, the Site may become unavailable due to required maintenance or other reasons. We assume no responsibility for any errors, interruptions, deletions, delays in operation or transmission of the Site.
No Children Under 13
The Site is not directed at or intended for use by children under 13 years old. We do not knowingly collect personal data from children under 13 through the Site.
Users Outside the United States
The Site is not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union (or another region with laws related to data collection and use that may differ from U.S. law), the personal data submitted through the Site is transferred to the U.S. and may not have the same legal data protection as in your jurisdiction.
Digital Millennium Copyright Act (“DMCA”)
We respect the copyrights of others and expects our users to do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at //www.copyright.gov/legislation/dmca.pdf, if you believe that the Site has infringed your copyright, please notify our Copyright Agent identified below, and provide the following information:
Disclaimers of Warranties and Limitations of Liability
The SITE and all of the services offered THEREIN are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and noninfringement). In no event will south sounD OR ITS Members, AFFILIATES, service providers, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES oR Agents be liable for damages of any kind, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS SITE, THE SERVICES ON THE SITE, ANY WEBSITES LINKED TO this website or the service, ANY CONTENT ON THIS OR OTHER WEBSITES or THE SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS OR OTHER WEBSITES, including without limitation any special, indirect, incidental, consequential OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING LIMITATION DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to indemnify, defend and hold harmless South Sound and its directors, officers, members, employees, representatives, successors, agents, partners, clients, service providers and contractors, from and against any loss, liability, claim, demand, damage, cost and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of the Site, Site Content or Site functionality, or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any claim or cause of action subject to indemnification by you; this shall not excuse your indemnity obligations.
Choice of Law, Venue and Jurisdiction; Class Action Waiver
These Terms are governed by the laws of the State of Washington. You expressly agree that exclusive jurisdiction for any claim or dispute with us concerning these Terms or relating in any way to your use of the Service resides in the federal and state courts located in Washington.
WHERE PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR A CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
Our failure to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect. These Terms represent the entire agreement between you and us as it relates to the use of the Site, Site Content, and all Site functionality.