USER AGREEMENT

© COPYRIGHT 2016  Surviving in Numbers, Inc., ALL RIGHTS RESERVED.

Last Updated on April 28, 2014

YOUR ACCEPTANCE OF THE USER AGREEMENT. The website survivinginnumbers.org (the “Site”) is brought to you by Surviving in Numbers, Inc. (“Surviving In Numbers,” “we,” “us,” or “our”). This Agreement (as defined below) sets forth the terms and conditions which govern your use of the Site and of the Content (as defined below) made available on or through the Site.  PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) CAREFULLY BEFORE ACCESSING AND USING THE SITE AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND SURVIVING IN NUMBERS AND GOVERN YOUR ACCESS TO AND USE OF THE SITE. BY ACCESSING OR USING THE SITE IN ANY MANNER, YOU INDICATE YOUR UNCONDITIONAL ACCEPTANCE OF (1) THESE TERMS OF USE, (2) OURPRIVACY POLICY (“THE PRIVACY POLICY”); AND (3) ANY OTHER LEGAL NOTICES, CONDITIONS, OR GUIDELINES LOCATED ON THE SITE (COLLECTIVELY, THE “AGREEMENT”). IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT USE THE SITE AND EXIT NOW. WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION, TO UPDATE OR REVISE THESE TERMS OF USE FROM TIME TO TIME. YOUR CONTINUED USE OF THE SITE NOW, OR FOLLOWING THE POSTING OR NOTICE OF ANY CHANGES TO THIS AGREEMENT WILL INDICATE YOUR ACCEPTANCE OF THOSE CHANGES.

  1. CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF CONTENT.
  2. Description of Content. The Site contains a wide variety of Content (defined below), whether (1) proprietary to Surviving in Numbers, or (2) proprietary to third parties. “Content” includes, but is not limited to text, data, files, images, documents, white papers, templates, studies, business methods, tools and methodologies, process or techniques, solutions or construction frames, analytical frameworks, know-how, slides and presentations , or abstracts or summaries,software, scripts, layout, design, function and “look and feel,” graphics, audio, videos, audiovisual combinations, interactive features and any other materials that you may view or access through the Site.
  3. Proprietary Rights. You acknowledge and agree that all Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Surviving in Numbers or other parties that have licensed their material to Surviving in Numbers, and are protected by copyright, trademark, and other intellectual property laws. Except as specifically permitted in this Agreement, Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the prior consent of Surviving in Numbers or such third-party that owns the Content. All rights not expressly granted herein by Surviving in Numbers and/or its licensors to you are reserved by Surviving in Numbers and/or its licensors.
  4. Restrictions on Your Use of Content. You may access and use Content solely for your information, as permitted under this Agreement. Any modification of the Content, use of the Content on any web site, or use of the Content for any purpose other than as specifically permitted herein, without the prior consent of Surviving in Numbers or its licensors, as applicable, is a violation of the copyright, trademark, and other proprietary rights in the Content and is expressly prohibited. You agree not to circumvent, disable or otherwise interfere with security-related features of the Site that prevent or restrict the use or copying of any Content and not to alter, remove, or falsify any attributions or other proprietary designations of origin or source of any Content appearing on the Site. You agree that all copies shall retain all copyright, other proprietary notices, and disclaimers contained on the original Content.
  5. RESTRICTIONS ON YOUR USE OF THE SITE. You agree that you shall not (and you agree not to allow any third party to): (i)access or use the Site in an unlawful way or for an unlawful or illegitimate purpose or in any manner that contravenes this Agreement;(ii)attempt to disrupt the operation of the Site through use of methods such as viruses, Trojan horses, worms, time bombs, denial of service attacks, flooding or spamming; (iii) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; or (iv)use any robot, spider, site search/retrieval application, or other device to access, retrieve,  screen scrape, screen surf or employ any other data scraping method, or index any portion of the Site/Content for any purpose.  Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without our prior written permission is prohibited.
  6. TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All trademarks, service marks, logos, slogans and taglines displayed on the Site are the property of Surviving in Numbers or their respective owners and nothing contained herein should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on the Site without the express written permission of Surviving in Numbers, or such third-party that may own the trademark, service mark, logo, slogan or tagline.
  7. TERMINATION/EXCLUSION. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing our Site for any reason or for no reason whatsoever, including improper use of the Site/Content or failure to comply with this Agreement and to take any other action we deem appropriate. You agree that Surviving in Numbers shall not be liable to you or any third party for any termination of your access to the Site/Content.
  8. LICENSE TO YOUR CONTENT.
  9. As a visitor to the Site,may submit your story through numbers on the Site in an anonymized manner (each, a “Story”) and may email us an image of a poster of your story in numbers that you created (each, a “Poster”). By submitting your Story to us, you hereby grant Surviving in Numbers a worldwide, perpetual, irrevocable, royalty-free license to create a poster of your story in numbers and to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such poster as it deems appropriate, for any and all purpose, in its sole discretion. By submitting your Poster to us, you hereby grant Surviving in Numbers a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish modify, edit or otherwise use such poster as it deems appropriate, for any and all purpose, in its sole discretion.
  10. Further, as a visitor to the Site, you may submit questions, comments, suggestions, ideas, or feedback via the Site or email (collectively, “Comments”) and you hereby acknowledge and agree that Comments are not confidential and you hereby grant to Surviving in Numbers a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Comments as it deems appropriate, for any and all purpose, in its sole discretion.
  11. LINKS TO THIRD PARTY SITES. This Site contains links to other web sites owned by third parties. Please note that when you click on any of these links, you are entering another web site for which Surviving in Numbers has no responsibility or control.  You agree that Surviving in Numbers shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on our Site.
  12. DISCLAIMER OF WARRANTY. ACCESS TO THE SITE AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” “WITH ALL FAULTS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO RESULTS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SURVIVING IN NUMBERS AND ITS LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTIBILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SURVIVING IN NUMBERS NOR ITS LICENSORS WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES SURVIVING IN NUMBERS AND ITS LICENSORS MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE/CONTENT.  YOU EXPRESSLY AGREE THAT YOUR USE OF SITE/CONTENT AND YOUR RELIANCE UPON THE CONTENT IS AT YOUR SOLE RISK. NEITHER SURVIVING IN NUMBERSNOR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM SURVIVING IN NUMBERS OR ANY THIRD PARTY PROVIDERS, PARTNERS OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
  13. LIMITATION OF LIABILITY. WE ARE NOT LIABLE TO YOU OR ANY OTHER PERSON FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE/CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF SURVIVING IN NUMBERS OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY RELEASE SURVIVING IN NUMBERS AND HOLD SURVIVING IN NUMBERS AND ITS PARENT, SUBSIDIARIES, AFFILIATES, OR LICENSORS, AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AFFILIATES, SUBCONTRACTORS, AGENTS AND EMPLOYEES, HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE/CONTENT. YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.
  14. INDEMNIFICATION. You agree to indemnify, hold harmless, and defend Surviving in Numbers and its licensors, suppliers, officers, directors, employees, agents, affiliates, subsidiaries, successors and assigns (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of the Site/Content, or any breach or violation of this Agreement by you. You agree to fully cooperate as reasonably required by an Indemnified Party(ies). Each Indemnified Party may, at its own expense, assume the exclusive defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter without the consent of the applicable Indemnified Party.
  15. MISCELLANEOUS. The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of the commonwealth of Massachusetts without regard to its rules on conflicts or choice of law. You acknowledge that a violation or attempted violation of any of these Terms of Use will cause such damage to Surviving in Numbers as will be irreparable and agree that Surviving in Numbers shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as to recover from you any and all costs and expenses sustained or incurred by Surviving in Numbers in obtaining such an injunction, including, without limitation, reasonable attorney’s fees. In the event any of the terms or provisions of this Agreement are determined to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or provisions hereof or the whole of this Agreement, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable. A waiver of or failure to insist on performance of any of the terms of the Agreement will not operate as a waiver of any subsequent default whether of the same or similar nature.              

 

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