Information according to § 5 TMG
With Wings and Roots e. V.
c/o staircase B, 4th floor
Lausitzer Str. 10
10999 Berlin
Represented by:
Olga Gerstenberger, Managing Director
contact:
E-mail: olga@withwingsandroots.com
Register entry:
Registered at the Charlottenburg district court
Register number: VR 39514 B
Supervisory authority:
Charlottenburg Local Court
Responsible for the content according to § 55 Abs. 2 RStV:
Board of Directors With Wings and Roots e. V.:
Miman Jasarovski, Marc Holland-Cunz, Lotti Schulz, Siyawash Jekta, Christina Antonakos-Wallace
Disclaimer of liability:
Liability for content
The content of this website has been created with the utmost care. We assume no liability for the accuracy, completeness and up-to-dateness of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 (1) TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.
Liability for links
Our website may contain links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the respective website is always responsible for the content of the linked pages. Permanent monitoring of the content of linked websites is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.
1.1. This is the official Privacy Policy (“Policy” or “Privacy Policy”) for withwingsandroots.org (the “Site,” “Website,” “we,” “us,” “our,” or “With Wings and Roots”). This website is owned and operated by With Wings and Roots LLC By accessing or viewing this Website, uploading content to this Website, and/or participating in or using any service offered by this Website (collectively and individually the “Services”), you agree to abide by all the terms contained within this Privacy Policy. Please review this Privacy Policy carefully as it forms a contract between you and With Wings and Roots LLC. From time to time, we may decide to modify, add, or delete portions of this Privacy Policy. The changes in the Privacy Policy become effective as soon as the changes are published to the Site. We will periodically make changes to this Policy and User Agreement. It is your responsibility to regularly check the withwingsandroots.org website to determine if there have been changes to this User Agreement. If you do not agree to the amended User Agreement, you may not continue to use withwingsandroots.org. Membership on withwingsandroots.org is void where prohibited. If you continue to use the Site after the changes become effective, it will signify your agreement to be bound by such modifications or revisions.
1.2. This Privacy Policy is incorporated into, and is part of, our Terms of Use Agreement (“Terms of Use”), which also governs your use of the Services.
2. USERS. withwingsandroots.org is intended for adults and young adults. Young adults for the purpose of this agreement are users who are thirteen (13) years of age or older and below eighteen (18) years of age and are permitted to use or access withwingsandroots.org only with the consent of their parents or guardians and represent and warrant that their access is with parental consent. Users who are under thirteen (13) years of age are not permitted to use or access withwingsandroots.org.
3. PERSONAL INFORMATION. We may collect and store information that you enter in connection with the Services. To use some applications, withwingsandroots.org may collect limited personal information that can identify you or that can be used with other sources of information to identify you (“Personal Information”). This includes any personal information that may be contained in any video, comment or other submission that you upload to the Site. Personal Information includes but is not limited to the collection of your name, email address, your likeness and may include the collection of your email signature and information in the body of your email
3.1. USE OF YOUR PERSONAL INFORMATION. withwingsandroots.org may use your Personal Information in the following ways: to understand and meet your needs and preferences, to develop and enhance existing service and product offerings, to manage and develop our business, projects, and operations, and to meet legal and regulatory requirements. withwingsandroots.org will not sell, trade or rent your personal information to any third party unless we have your consent. We also reserve the right to use, disclose, sell, trade or rent data aggregated provided that the data is not linked to any specific individual. Except where we are required by law to disclose Personal Information, any person to whom we provide your Personal Information must agree to comply with our then current Privacy Policy. We will take reasonable commercial efforts to ensure that they comply with our Privacy Policy, however we will have no liability to you if any person fails to do so.
3.2 SHARING PERSONAL INFORMATION WITH THIRD PARTIES. We may share your Personal Information with authorized service providers that perform services on our behalf. Such services include but are not limited to supporting our Website functionality, supporting any surveys and other features offered through our Website. These service providers may have access to your Personal Information if it is needed to perform their function but are not permitted to share or use such information for any other purposes.
3.2.1. We may also disclose your Personal Information if required to do so by subpoena or a similar investigative demand, court order, or request for cooperation from law enforcement or other government agency. We may disclose your Personal Information to establish or exercise our legal rights, to defend against legal claims, or for any other reason required by law. In such instances, we may raise or waive any legal objection or right available to us at our sole discretion.
3.2.2. If you are a registered user at withwingsandroots.org, you may access and update your registration information and your communication preferences on the website or by contacting us via email at info@withwingsandroots.org. Any user who receives an email communication from the Site may choose not to receive such communications in the future by following the instructions in the email communication to unsubscribe. We will take commercially reasonable steps to implement your opt-out requests promptly.
4 ANONYMOUS INFORMATION.
4.1. COLLECTION OF ANONYMOUS INFORMATION. When you use our Site, we may automatically collect and store certain information that does not identify you individually (“Anonymous Information”). This includes your IP address, browser information and website domain name, as well as content of any undeleted cookies that your browser previously accepted from us.
4.2. USE OF ANONYMOUS INFORMATION. withwingsandroots.org may use Anonymous Information to help determine how its users interact with parts of its Services so it can improve the Services and make them more useful. We may also use or share with others Anonymous Information in any other manner that we deem appropriate or necessary including but not limited to the preparation of securing grants. We may also allow a website other than withwingsandroots.org to display advertisements on our Site. These companies may use tracking technologies such as cookies, to collect information about users who interact with or view their advertisements. Although we do not provide Personal Information, we may provide Anonymous Information to third parties. The Anonymous Information allows them to deliver targeted advertisements and calculate their effectiveness.
5. COOKIE USE. A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a small piece of data sent from a website and stored in a user’s web browser while a user is browsing a website. We use cookies to maintain session state and the use of cookies is fundamental to the operation of our website. Our use of cookies is to enable us to relate your use of this site to information that you have specifically and knowingly provided; we do not store Personal Information within the cookie. If you have set your browser to warn you before accepting cookies, you should receive a warning message with each cookie. You may refuse cookies by turning them off in your browser, however you should be aware that our site, like most other popular sites, may not work well with “cookies disabled”.
6. WITHDRAWL OF CONSENT. Except as required by law, we will not use or disclose your Personal Information for any purpose for which you refuse us consent or later withdraw your consent. If you withdraw consent, you agree that in spite of this withdrawal we may continue to use the Personal Information previously provided to us to the extent that we are contractually obligated to do so and to the extent necessary to enforce any contractual obligations you may have to withwingsandroots.org. You also understand that although you can use our site for some purposes without providing us with any Personal Information, we need Personal Information about you for some services, including those that require payment or involve an ongoing relationship with withwingsandroots.org or our partners. If you refuse to provide us with the information we require or later withdraw your consent to use and disclose this information, we may no longer be able to provide you with these services.
7. CONTACT INFORMATION. withwingsandroots.org welcomes your comments regarding this Privacy Policy. If you believe that we have not adhered to this Privacy Policy or if you wish to review or edit your Personal Information, please contact us via e-mail at info@withwingsandroots.org, and we will use reasonable commercial efforts to address any concerns that you may have. If you have any more questions about this Privacy Policy, please contact us at: info@withwingsandroots.org
Posted on March 26st, 2015. All rights reserved.
This User Agreement (“User Agreement”) governs all use of withwingsandroots.org and its affiliated websites (together “withwingsandroots.org” or the “Site”). As used in this User Agreement, “you” and “your” refers to the user of withwingsandroots.org, and, if you are under eighteen (18) years of age, “you” and “your” includes your parents or legal guardian. “Company”, “we”, “us” and “our” refers to With Wings And Roots LLC. withwingsandroots.org is offered exclusively subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on withwingsandroots.org. By accessing or using any part of the withwingsandroots.org website you agree to become bound by the terms and conditions of this User Agreement, whether or not you are a registered group member at withwingsandroots.org. If you do not agree to any of these terms, or if you do not agree with our Privacy Policy, which is available at withwingsandroots.org, please do not use the Site.
1. Eligibility to Use withwingsandroots.org
withwingsandroots.org is intended for adults and young adults. Young Adults for the purpose of this agreement are users who are thirteen (13) years of age or older and below eighteen (18) years of age and are permitted to use or access withwingsandroots.org only with the consent of their parents or guardians and represent and warrant that their access is with parental consent. Users who are under thirteen (13) years of age are not permitted to use or access withwingsandroots.org.
2. Registration Data; Account Security
In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.
3. Ownership of Intellectual Property and Restrictions on Use of Materials
Unless otherwise noted, all content on withwingsandroots.org, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of the Company and/or affiliated companies, third party licensors and/or other respective owners including but not limited to other users (collectively the “Site Content”), and are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For the purposes of this User Agreement, the use of any Site Content on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Site Content for non-commercial purposes on your own computer, as well as the ability to print out the material for distribution in a class room environment, provided that this license is limited to the display of the Site Content in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any other use of the Site Content is expressly prohibited. Any attempts to access the Site Content in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Site Content. The software and other technology components of the Site Content are the exclusive property of WITH WINGS AND ROOTS, LLC. and/or its affiliates and/or suppliers, copyright © WITH WINGS AND ROOTS, LLC.
4. Trademarks
Unless otherwise noted, all of the withwingsandroots.org graphics, logos, designs, page headers, button icons, scripts and service names shown on withwingsandroots.org are the registered trademarks, trademarks or trade dress of WITH WINGS AND ROOTS, LLC and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.
5. User Content
withwingsandroots.org partly relies on and may permit its users to contribute content by posting their own original content to withwingsandroots.org. You are solely responsible for the messages, notes, text, information, links, video and audio material, and all other content that you upload, publish or display (hereinafter, “Post”) on or through withwingsandroots.org, or transmit to or share with other users (collectively the “User Content”). Your name and biographical information, including details about personal experiences, as appearing in User Content, shall be User Content for the purposes of this User Agreement, including all licenses granted herein. You may not post, transmit, or share User Content on withwingsandroots.org that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review withwingsandroots.org and may delete or remove, without notice, any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of WITH WINGS AND ROOTS LLC violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your own cost and expense for creating backup copies and replacing any User Content you post or store on withwingsandroots.org.
5.1 When you post User Content to withwingsandroots.org, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on withwingsandroots.org. By submitting User Content, you hereby grant us (and our successors and affiliates) a worldwide, non-exclusive, royalty-free, perpetual, irrevocable sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content, including without limitation for promoting and redistributing part or all of the User Content in any media formats and through any media channels now known or hereafter devised. You acknowledge that the Company may retain archived copies of your User Content. The Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in this Terms of Use, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
5.2 We do not pre-screen or approve user posts, and cannot guarantee that a user post was actually created by the individual that is the subject of a user post. We are not responsible for the content of any user Post, or any transactions entered into or other actions taken on or in connection with any such Post, including how the owner of the user post collects, handles, uses and/or shares any Personal Information it may collect from users (please review the withwingsandroots.org privacy policy if you have any questions or concerns regarding the use or sharing of your personal information). You should take precaution before providing any personal information to or entering into any transaction in connection with a user Post.
6. Using withwingsandroots.org
withwingsandroots.org is provided by the Company and is intended to be used in a safe and enjoyable fashion. Users of withwingsandroots.org must not:
1. Use withwingsandroots.org in such a way as to offend or interfere with the use by anyone else of withwingsandroots.org
2. Submit materials to withwingsandroots.org that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; (f) are treated as confidential under any contract or policy; or (g) are otherwise harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
3. Attempt to circumvent the security systems of withwingsandroots.org
4. Attempt to gain access to withwingsandroots.org in a fraudulent manner
5. Attempt to gain access to any other user’s accounts
6. Attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of withwingsandroots.org or any other website, or by e-mail communication
7. Attempt to use withwingsandroots.org for any purposes other than those intended by the Company, as determined by the Company in its sole discretion
8. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment
9. Make commercial use of withwingsandroots.org, including but not limited to the rental, sale or promotion of products. For example, the rental, sale or promotion of pre-recorded music or accompaniment tracks is prohibited
10. Harvest or collect email addresses or other contact information of other users of withwingsandroots.org by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
11. Upload, post, transmit, share, store or otherwise make publicly available on withwingsandroots.org any private information of any third party, including addresses, phone numbers, email addresses, social security numbers and credit card numbers
12. Solicit personal information from anyone under 18
13. If such user is under 18, represent him or herself as 18 or older
14. If such user is 18 or older, represent him or herself as under 18
15. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the withwingsandroots.org website, or which may expose WITH WINGS AND ROOTS LLC or its users to any harm or liability of any type.
The Company expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from withwingsandroots.org and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled “Using withwingsandroots.org”.
7. Security
You are entirely responsible for maintaining the confidentiality of your username and password. Take note that no one at withwingsandroots.org or at the Company will ever ask you to disclose your personally identifying information for any reason, other than through the user content upload, login and/or purchase process. You are entirely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.
8.Modification
We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. If you do not agree to the amended User Agreement, you may not continue to use withwingsandroots.org. It is your responsibility to regularly check the withwingsandroots.org website to determine if there have been changes to this User Agreement. Membership on withwingsandroots.org is void where prohibited.
9. Copyright Complaints
A. We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on withwingsandroots.org any materials that violate another party’s intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. : If you are a copyright owner or an agent thereof and believe that the User Content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). Notification may be provided to our Copyright Agent by email or postal mail, and must include all the information detailed below. See 17 U.S.C. 512(c)(3) for more details.
• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are being infringed, a representative list of such works;
• Identification of the location of the material that is claimed to be infringing or, information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, including your name, address, telephone number, and e-mail;
• This statement: “I have a good faith belief that the use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law”;
• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• This statement: “I swear, under the penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right under the copyright that is allegedly infringed.”
• All the information above must be sent to our Site’s designated Copyright Agent, who receives claims of copyright infringement:
o NAME
o ADDRESS
o PHONE NUMBER
o EMAIL
• You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
B. Counter-Notice: If you believe that your User Content was removed and it is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to law, to post and use the material in your User Content, you may send a counter-notice containing the following information to the Copyright Agent:
• Your physical or electronic signature;
• Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
• A statement that you have a good faith belief that the User Content was removed or disabled as a result of a mistake or a misidentification of the User Content;
• Your name, address, telephone number, and e-mail address;
• This statement: “I consent to the jurisdiction of the Federal District Court for New York, NY, and will accept service of process from the person who provided notification under the notification system detailed above or an agent of such person.”
• This statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
• All the information above must be sent to our Site’s designated Copyright Agent, who receives claims of copyright infringement:
o NAME
o ADDRESS
o PHONE NUMBER
o EMAIL
• What happens next? After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any other party other than the original claimant or as otherwise provided for by law. After we send out the counter-notification, the claimant must then notify us within ten days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification we will be unable to restore the material. If we do not receive such notification, then we may reinstate the material, at our own discretion.
C. Note: Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that the material or activity is infringing or that the material or activity was removed or disabled by mistake or misidentification may be subject to liability. Accordingly, if you are not sure whether certain material infringes the copyrights of others, we suggest you first contact an attorney. WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION PRESENTED HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.
10. Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to withwingsandroots.org and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
11. Third Party Websites and Content
withwingsandroots.org contains (or you may learn through the Site) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from withwingsandroots.org, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave withwingsandroots.org and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
12. User Disputes
You are solely responsible for your interactions with withwingsandroots.org users. We reserve the right, but have no obligation, to monitor disputes between you and other users.
13. Warranty Disclaimer
This site and all materials contained on it are provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in the materials on this site will be uninterrupted or error-free, that defects will be corrected, or that the materials or the servers that make such materials available are free of viruses or other harmful components. We are not responsible or liable for any infections or contaminations of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site. We do not warrant or represent that withwingsandroots.org will be available 24 hours a day for 7 days a week. We are not liable to you for any modification, suspension or discontinuance of the site. We do not warrant or make any representation regarding the use of the results of the materials in terms of their correctness, accuracy, reliability or otherwise. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any materials rests with you and you assume the entire cost of all necessary servicing, repair or correction. We further reserve the right, solely in our discretion, to modify and/or discontinue withwingsandroots.org at any time without notice, and to terminate your username, password and account, should you be in violation of this User Agreement. You understand and agree that the submission of any digital content or film image to withwingsandroots.org, and the download or upload of any material through the site is done at your own discretion and risk and that you will be solely responsible for any loss or damage to your content or image or any damage to your computer system or loss of data that may result from the download or upload of any material.
13.1 Except as expressly provided in the preceding paragraph, to the fullest extent allowed by law, we shall not be liable for any indirect, incidental, consequential, special, exemplary and punitive damages arising out of (i) the use of or inability to use withwingsandroots.org’s site or the service, (ii) any transaction conducted through or facilitated by the site, (iii) any claim attributable to errors, omissions, or other inaccuracies on the site or in the service, (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the site or the service or products offered on the site, even if withwingsandroots.org has been advised of the possibility of such damages. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. In the case where States do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may in accordance with legislation not be applicable to you.
14. Indemnification
You hereby agree to indemnify, defend and hold harmless WITH WINGS AND ROOTS LLC, its affiliated and subsidiary companies, their respective officers, directors, employees, owners, agents, third party providers, licensors and licensees (collectively ‘Indemnified Parties’) harmless from and against any and all liabilities and costs, (including reasonable attorney fees), that arise out of your activities on the Site, such as content you decide to upload that may result in damages to With Wings and Roots LLC. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right to assume, at our sole expense, the exclusive defense and control of any matter otherwise subject to indemnification by you.
15. Limitation of Liability
To the fullest extent permissible pursuant to applicable law, none of the Indemnified Parties shall be liable under any circumstances, including, but not limited to, negligence, for any direct, indirect, incidental, special or consequential damages that result from (i) the use of or inability to use withwingsandroots.org, (ii) any transaction conducted through or facilitated by the site, (iii) any claim attributable to errors, omissions, or other inaccuracies on the site, (iv) unauthorized access to or alteration of your transmissions or data, (v) any other material relating to the site or products offered on the site, and/or (vi) any of the materials or functions at withwingsandroots.org, even if we have been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. However, to the extent permitted by law, in no event shall our total liability to you for all damages, losses and causes of action whether in contract, tort (including, but not limited to negligence) or otherwise from use of the Site, exceed USD $100 (One Hundred Dollars).
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR THE CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE SITE IS OFFERED BY US FROM OUR FACILITIES IN THE UNITED STATES OF AMERICA. WE MAKE NO REPRESENTATIONS THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN OTHER LOCATIONS. THOSE WHO ACCESS OR USE THE SITE FROM OTHER JURISDICTIONS DO SO AT THEIR
16. General Provisions
This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of withwingsandroots.org. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of the remaining provisions, which continue in full force and effect.
This Agreement and your use of the Site is governed by, construed and enforced in accordance with the laws of the State of New York, United States of America, without regard to principles of conflict of law. For the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of New York and you agree you will not object to such jurisdiction on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise.
Headings are for convenience only and shall not be used to construe the terms of this Agreement. No failure or delay by us in exercising any right hereunder will waive any further exercise of that right. Our rights and remedies hereunder are cumulative and not exclusive.
This Agreement is binding upon and shall inure to the benefit of both parties and their respective successors, heirs, executors, administrators, personal representatives, and permitted assigns. We may assign our rights and duties under this Agreement to any party at any time without notice to you. You may not assign this Agreement without our prior written consent. No third party shall have any rights hereunder.
Last Posted: April 23, 2015
