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Entrepreneurship
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World Cup as Sport™ Generation
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Entrepreneurship
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as Sport™ Generation Application Properties
Terms of Use
Effective Date: February 10, 2020
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PLEASE READ THIS TERMS OF USE AGREEMENT (THE “TERMS OF USE”) CAREFULLY. BY ACCESSING OR USING THIS WEBSITE OR ANY OTHER WEBSITE CO-OWNED, CO-OPERATED OR CO-MANAGED BY NESTGSV, INC., AND THE MISK tGELF INITIATIVERS CENTER OR THEIR AFFILIATES OR SUBSIDIARIES, (COLLECTIVELY “GSVLABS AND MISK”tGELF”, “US”, “WE” OR “OUR”) WITH LINKS TO THIS AGREEMENT (COLLECTIVELY, THE “EWC “ESG APPLICATION WEBSITE”) IN ANY WAY, INCLUDING USING THE SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE EWC ESG APPLICATION WEBSITE BY GSVLABS AND MISK tGELF OR USERS OF THE EWC ESG APPLICATION WEBSITE, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY BROWSING THE EWC ESG APPLICATION WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH GSVLABS AND MISKtGELF, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE.
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IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE EWC ESG APPLICATION WEBSITE OR THE EWC ESG APPLICATION SERVICES.
PLEASE BE AWARE THAT SECTION 20 OF THESE TERMS OF USE, BELOW, CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS OF USE.
The “ EWC ESG Application Services” consist of the following, without limitation: GSVlabs and MiSK tGELF provide a cloud-based platform for entrepreneurs, including founders of early-stage startup and emerging companies (“Users””) to seek out information about the Entrepreneurship World Cup as Sport™ Generation (“EWC”ESG”), start and complete an application to enter into the Entrepreneurship World Cup as Sport™ Generation competition (subject to the rules of the Entrepreneurship World Cupas Sport™ Generation), and receive communications and participate in communities of the EWCESG, including the community of Global Finalists. Such information may include data, text, audiovisual materials, photographs, tags and other materials (“Content”). Your use of, and participation in, certain EWC ESG Application Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”
PLEASE NOTE THAT The Terms are subject to change by GSVlabs and MiSK tGELF in their sole discretion at any time. When changes are made, we will make a new copy of the Terms of Use available at the EWC ESG Application Website and any new Supplemental Terms will be made available from within, or through, the affected EWC ESG Application Service on the EWC ESG Application Website. We will also update the “Last Updated” date at the top of the Terms of Use. If we make any material changes, and you have registered to use the EWC ESG Application Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new Users of the EWC ESG Application Website or EWC ESG Application Services and will be effective thirty (30) days after posting of notice of such changes on the EWC ESG Application Website for existing Users, provided that any material changes shall be effective for Users who have a registered account on the EWC ESG Application Website upon the earlier of thirty (30) days after posting of notice of such changes on the EWC ESG Application Website or thirty (30) days after dispatch of an e-mail notice of such changes to Registered Users (defined in Section 2.1 below). GSVlabs and MiSK tGELF may require you to provide consent to the updated Terms in a specified manner before further use of the EWC ESG Application Website or the EWC ESG Application Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the EWC ESG Application Website and/or the EWC ESG Application Services. Otherwise, your continued use of the EWC ESG Application Website and/or EWC ESG Application Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.
1. Use of the
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ESG Application Services and
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ESG Application Properties.
The EWC ESG Application Website, the EWC ESG Application Services, and the Content (collectively, the “EWC “ESG Application Properties”) are protected by copyright laws throughout the world. Subject to the Terms, GSVlabs and Misk tGELF grants you a limited right to access and use the EWC ESG Application Services for your own personal or internal business purposes and a limited license to reproduce certain Content set forth on the EWC ESG Application Properties solely for your personal or internal business purposes. Unless otherwise specified by GSVlabs in a separate license, your right to use any EWC ESG Application Properties is subject to the Terms.
1.1 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the EWC ESG Application Properties or any portion of the EWC ESG Application Website, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other EWC ESG Application Properties (including images, text, page layout or form); (c) you shall not use any metatags or other “hidden text” using the GSVlabs or MiSK tGELF name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the EWC ESG Application Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the EWC ESG Application Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the EWC ESG Application Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials) or to record all or any portion of any session; (f) access the EWC ESG Application Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of the EWC ESG Application Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in the EWC ESG Application Properties. Any future release, update or other addition to the EWC ESG Application Properties shall be subject to the Terms. GSVlabs and MiSKtGELF, and our suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the EWC ESG Application Properties terminates the licenses granted by GSVlabs and MiSK tGELF pursuant to the Terms.
1.2 Third-Party Materials. As a part of the EWC ESG Application Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for GSVlabs or MiSK tGELF to monitor such materials and that you access these materials at your own risk.
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2.1 Registering your Account. In order to access certain features of the EWC ESG Application Properties you may be required to become a Registered User. For purposes of the Terms, a “Registered User” is a User who has registered an account on the EWC ESG Application Website (“Account”).
2.2 Registration Data. In registering for the EWC ESG Application Services, you agree to (1) provide true, accurate, current and complete information about yourself (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using the EWC ESG Application Properties under the laws of the United States, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify GSVlabs and MiSK tGELF immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the EWC ESG Application Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account at any given time. GSVlabs and MiSK tGELF reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third-party that a username violates the third-party’s rights. You agree not to create an Account or use the EWC ESG Application Properties if you have been previously removed by GSVlabs or MiSKtGELF, or if you have been previously banned from any of the EWC ESG Application Properties.
2.3 Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the EWC ESG Application Properties, including but not limited to, a mobile device that is suitable to connect with and use the EWC ESG Application Properties, in cases where the EWC ESG Application Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the EWC ESG Application Properties.
3. GSVlabs Perks
GSVlabs may, at its discretion, from time to time, provide you with discounts and credits from third-party service providers (“Perks”). Such Perks must be used as per the specified instructions of GSVlabs and the service provider and within the specified time period or promotion. At the end of the time period or promotional period, your use of the Perks service will expire and any further use of the Perks service is prohibited. Gsvlabs cannot guarantee your ability to redeem any specific perk and perk partners can choose to discontinue the program at any time. You agree to not resell or redistribute any Perks received. GSVlabs reserves the right to revoke or block any User from receiving or continuing to receive Perks upon termination of your Account or breach of these Terms or of GSVlabs Terms and Conditions (LINK]. If you have any questions about the Perks program please contact GSVlabs at platform@entrepreneurshipworldcupesg@gsvlabs.com.
4. Responsibility for Content
4.1 Types of Content. You acknowledge that all Content, is the sole responsibility of the party from whom such Content originated. This means that you, and not GSVlabs or MiSKtGELF, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the EWC ESG Application Properties (“Your Content”), and other Users of the EWC ESG Application Properties, and not GSVlabs or MiSKtGELF, are similarly responsible for all Content they Make Available through the EWC ESG Application Properties (“User Content”).
4.2 No Obligation to Pre-Screen Content. You acknowledge that GSVlabs and MiSK tGELF have no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although we reserve the right in our sole discretion to pre-screen, refuse or remove any Content. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content iin publicly accessible areas of the EWC ESG Application Properties, including without limitation chat communications conducted over Slack of any other public instant messaging platform. In the event that we pre-screen, refuse or remove any Content, you acknowledge that we will do so for our benefit, not yours. Without limiting the foregoing, GSVlabs and MiSK tGELF shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
4.3 Storage. Unless expressly agreed to by GSVlabs and MiSK tGELF in writing elsewhere, we have no obligation to store any of Your Content that you Make Available on the EWC ESG Application Properties. We have no responsibility or liability for the deletion of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the EWC ESG Application Properties. Certain EWC ESG Application Services may enable you to specify the level at which such EWC ESG Application Services restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that we retain the right to create reasonable limits on our use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described in the web pages accompanying the EWC ESG Application Services and as otherwise determined by GSVlabs and MiSK tGELF in our sole discretion.
5. Ownership.
5.1 EWC ESG Application Properties. Except with respect to Your Content and User Content, you agree that GSVlabs and MiSK tGELF and our suppliers own all rights, title and interest in the EWC ESG Application Properties (including but not limited to, titles, computer code, themes, objects, concepts, artwork, animations, videos, sounds, musical compositions, audiovisual effects, methods of operation, moral rights). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the EWC ESG Application Website, the EWC ESG Application Services, or the EWC ESG Application Properties.
5.2 Trademarks. GSVlabs’ and MiSK’s tGELF’s stylized names and other related graphics, logos, service marks and trade names used on or in connection with the EWC ESG Application Properties are the trademarks of GSVlabs and MiSK tGELF and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the EWC ESG Application Properties are the property of their respective owners.
5.3 Other Contents. Except with respect to Your Content, you agree that you have no right or title in or to any Content that appears on or in the EWC ESG Application Properties.
5.4 Your Content. GSVlabs and/or Misk tGELF do not claim ownership of Your Content. However, when you as a User post or publish or otherwise transmit Your Content on or in the EWC ESG Application Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content.
5.5 License to Your Contract. Subject to any applicable account settings that you select, you grant GSVlabs and MiSK tGELF a fully paid, royalty-free, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, record, license, distribute, reproduce, modify, adapt, publicly perform, and publicly display Your Content (in whole or in part) for the purposes of operating and providing the EWC ESG Application Properties to you and to other Users in accordance with the Terms. Please remember that other Users may search for, see, use, modify and reproduce any of Your Content that you submit to any “public” area of the EWC ESG Application Properties. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You agree that you, not GSVlabs or MiSKtGELF, are responsible for all of Your Content that you Make Available on or in the EWC ESG Application Properties.
5.6 Username. Notwithstanding anything contained herein to the contrary, by submitting Your Content to any forums, comments or any other area on or in the EWC ESG Application Properties, you hereby expressly permit GSVlabs and MiSK tGELF to identify you by your name or username (which must be a valid email address) as the contributor of Your Content in any publication in any form, media or technology now known or later developed in connection with Your Content.
5.7 Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of GSVlabs and MiSKtGELF.
5.8 Any Content posted by you on or in the EWC ESG Application Properties (including, but not limited to, on your profile) may not contain nudity, violence, sexually explicit, or offensive subject matter. You may not post a photograph of another person without that person’s permission.
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You agree that submission of any ideas, suggestions, documents, and/or proposals to GSVlabs and MiSK tGELF through our suggestion, feedback or similar pages (“Feedback”) is at your own risk and that we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to GSVlabs and MiSK tGELF a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of the EWC ESG Application Properties.
7. User Conduct.
As a condition of use, you agree not to use the EWC ESG Application Properties for any purpose that is prohibited by the Terms or by applicable law. You shall not (and shall not permit any third-party) either (a) to take any action or (b) Make Available any Content on or through the EWC ESG Application Properties that: (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; (ii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; (iii) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; (iv) involves commercial activities and/or sales without GSVlabs’ and MiSK’sprior tGELF’sprior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes; (v) impersonates any person or entity, including any employee or representative of GSVlabs or MiSKtGELF; (vi) interferes with or attempts to interfere with the proper functioning of the EWC ESG Application Properties or uses the EWC ESG Application Properties in any way not expressly permitted by the Terms; (vii) introduce software or automated agents to the EWC ESG Application Services so as to produce multiple Accounts or generate automated messages; or (viii) to attempt or engage in, any potentially harmful acts that are directed against the EWC ESG Application Properties, including but not limited to violating or attempting to violate any security features of the EWC ESG Application Properties, using manual or automated software or other means to access, “scrape,” “crawl” or “spider” any pages contained in the EWC ESG Application Properties, introducing viruses, worms, or similar harmful code into the EWC ESG Application Properties, or interfering or attempting to interfere with use of the EWC ESG Application Properties by any other user, host or network, including by means of overloading, “flooding,” “spamming,” “mail bombing”, or “crashing” the EWC ESG Application Properties.
8. Investigations.
GSVlabs and Misk tGELF may, but are not obligated to, monitor or review the EWC ESG Application Properties and Content at any time. Without limiting the foregoing, GSVlabs and Misk tGELF shall have the right, in their sole discretion, to remove any of Your Content for any reason (or no reason), including if such Content violates the Terms or any applicable law. Although we do not generally monitor user activity occurring in connection with the EWC ESG Application Properties, if we become aware of any possible violations by you of any provision of the Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the EWC ESG Application Properties, or change, alter or remove Your Content, in whole or in part, without prior notice to you.
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9.1 User Responsibility. You are solely responsible for your interactions with other Users of the EWC ESG Application Services and any other parties with whom you interact through the EWC ESG Application Services; provided, however, that GSVlabs and MiSK tGELF reserve the right, but have no obligation, to intercede in such disputes. You agree that we will not be responsible for any liabilities incurred by you as the result of such interaction and we will not work to resolve any disputes between Users. In exchange for the privilege of accessing the EWC ESG Application Services, you FURTHER agree to release GSVlabs and MiSK tGELF from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any dispute you have with one or more Users.
9.2 Content Provided by Other Users. The EWC ESG Application Properties may contain User Content provided by other Users. GSVlabs and Misk tGELF are not responsible for and do not control User Content. GSVlabs and Misk tGELF have no obligation to review or monitor, and do not approve, endorse or make any representations or warranties with respect to User Content. You use all User Content and interact with other Users at your own risk.
10. Third-Party Services.
The EWC ESG Application Properties may contain links to or otherwise integrate with third-party websites and services, including those that help facilitate the resources we make available, such as Perks (“Third-Party Services”). When you click on a link to a Third-Party Service, we will not warn you that you have left the EWC ESG Application Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Services are not under the control of GSVlabs or MiSKtGELF. We are not responsible for any Third-Party Services and provide these Third-Party Services only as a convenience. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Parties or their products or services. You access and use all Third-Party Services at your own risk. When you leave the EWC ESG Application Website, our Terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-PartyServices, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third-party.
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You agree to indemnify and hold GSVlabs and MiSKtGELF, and our parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively the “GSVlabs and MiSK tGELF Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) Your Content; (b) your use of, or inability to use, the EWC ESG Application Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any User; or (e) your violation of any applicable laws, rules or regulations. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GSVlabs and MiSK tGELF in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms, or your access to the EWC ESG Application Properties.
12. Disclaimer of Warranties.
12.1 As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE EWC ESG APPLICATION PROPERTIES IS AT YOUR SOLE RISK, AND THE EWC ESG APPLICATION PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE GSVLABS AND MISK tGELF PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
12.1.1 THE GSVLABS AND MISK tGELF PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE EWC ESG APPLICATION PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE EWC ESG APPLICATION PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE EWC ESG APPLICATION PROPERTIES WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE EWC ESG APPLICATION PROPERTIES WILL BE CORRECTED.
12.1.2 ANY CONTENT ACCESSED THROUGH THE EWC ESG APPLICATION PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE EWC ESG APPLICATION PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
12.1.3 THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. GSVLABS AND MISK tGELF MAKE NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF THESE SERVICES.
12.1.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GSVLABS OR MISKtGELF, OR THROUGH THE EWC ESG APPLICATION PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
12.1.5 From time to time, GSVlabs and MiSK tGELF may offer new “beta” features or tools with which Users may experiment. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at our sole discretion. The provisions of this section apply with full force to such features or tools.
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YOU ACKNOWLEDGE AND AGREE THAT THE GSVLABS AND MISK tGELF PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE GSVLABS AND MISK tGELF PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
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YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE EWC ESG APPLICATION PROPERTIES. YOU UNDERSTAND THAT GSVLABS AND MISK tGELF DO NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE EWC ESG APPLICATION PROPERTIES.
15. Limitation of Liability.
15.1 Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GSVLABS OR MISK tGELF PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE EWC ESG APPLICATION PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GSVLABS OR MISK tGELF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE EWC ESG APPLICATION PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE EWC ESG APPLICATION PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON GSVLABS PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO THE EWC ESG APPLICATION PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY.
15. 2 Cap on Liability. UNDER NO CIRCUMSTANCES WILL THE GSVLABS OR MISK tGELF PARTIES BE LIABLE TO YOU FOR MORE THAN THE AMOUNT RECEIVED, IF ANY, BY GSVLABS AND MISK tGELF AS A RESULT OF YOUR USE OF THE EWC ESG APPLICATION PROPERTIES. IF YOU HAVE NOT PAID GSVLABS AND MISK tGELF ANY AMOUNTS, GSVLABS’ AND MISK’S tGELF’S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO FIFTY DOLLARS ($50).
15. 3User Content. THE GSVLABS AND MISK tGELF PARTIES ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, YOUR CONTENT AND USER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.
15.4 Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN GSVLABS, MISK tGELF AND YOU.
16. Procedure for Making Claims of Copyright Infringement.
It is GSVlabs’ and MiSK’s tGELF’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to GSVlabs and MiSk tGELF by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the EWC ESG Application Properties in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the EWC ESG Application Properties of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for GSVlabs’ and MiSK’s tGELF’s Copyright Agent for notice of claims of copyright infringement is as follows: Alec Wright, GSVlabs, 2955 Campus Dr #110, San Mateo, CA 94403: Email: alec@gsvlabs.com.
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17.1 Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use the EWC ESG Application Properties, unless terminated earlier in accordance with the Terms.
17.2 Prior Use. Notwithstanding the foregoing, if you used the EWC ESG Application Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used the EWC ESG Application Properties (whichever is earlier) and will remain in full force and effect while you use the GSVlabs and Misk tGELF Properties, unless earlier terminated in accordance with the Terms.
17.3 Termination of EWC ESG Application Services by You. If you want to terminate the EWC ESG Application Services You may do so by (a) notifying GSVlabs and MiSK tGELF at any time and (b) closing your Account for all of the EWC ESG Application Services that you use by following the directions on the EWC ESG Application Website. Your notice should be sent, in writing, to the address set forth above.
17.4 Effect of Termination. Termination of any EWC ESG Application Service includes removal of access to such Service and barring of further use of the Service. Termination of all EWC ESG Application Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any EWC ESG Application Service, your right to use such Service will automatically terminate immediately. You understand that any termination of EWC ESG Application Services may involve deletion of Your Content associated therewith from our live databases. GSVlabs and MiSK tGELF will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Terms which by their nature should survive, shall survive termination of EWC ESG Application Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
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18.1 Violations. If GSVlabs and MiSK tGELF become aware of any possible violations by you of the Terms, we reserve the right to investigate such violations. If, as a result of the investigation, we believe that criminal activity has occurred, we reserve the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. We are entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in the EWC ESG ApplicationProperties, including Your Content, in our possession in connection with your use of the EWC ESG Application Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms; (3) respond to any claims that Your Content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of GSVlabs, MiSKtGELF, Users or the public, and all enforcement or other government officials, as GSVlabs and MiSKtGELF, in their sole discretion believe to be necessary or appropriate.
18.2 Breach. In the event that we determine, in our sole discretion, that you have breached any portion of the Terms, or have otherwise demonstrated conduct inappropriate for the EWC ESG Application Properties, we reserve the right to:
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18.2.2 Delete any of Your Content provided by you or your agent(s) to the EWC ESG Application Properties;
18.2.3 Discontinue your registration(s) with any of the EWC ESG Application Properties, including the EWC ESG Application Services or any GSVlabs or MiSK tGELF community;
18.2.4 Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or
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19. International Users.
The EWC ESG Application Website can be accessed from countries around the world and may contain references to EWC ESG Application Properties and Content that are not available in your country. These references do not imply that we intend to announce such EWC ESG Application Properties or Content in your country. The EWC ESG Application Properties are controlled and offered by GSVlabs and MiSK tGELF from our facilities in the United States of America. We make no representations that the EWC ESG Application Properties are appropriate or available for use in other locations. Those who access or use the EWC ESG Application Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
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Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with GSVlabs and MiSK tGELF and limits the manner in which you can seek relief from us.
20.1 Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the EWC ESG Application Properties, to any products sold or distributed through the EWC ESG Application Properties, or to any aspect of your relationship with GSVlabs and MiSKtGELF, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you, GSVlabs or MiSK tGELF may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of these Terms or any prior version of these Terms. IF YOU AGREE TO ARBITRATION WITH GSVLABS AND MISKtGELF, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY LAWSUIT FILED AGAINST GSVLABS OR MISK tGELF ALLEGING CLASS, COLLECTIVE, AND/OR REPRESENTATIVE CLAIMS ON YOUR BEHALF. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST GSVLABS OR MISK tGELF IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING WHETHER TO ACCEPT THIS AGREEMENT, INCLUDING THIS ARBITRATION AGREEMENT.
20.2 Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, GSVlabs and MiSK tGELF will pay them for you. In addition, GSVlabs and MiSK tGELF will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, GSVlabs and/or MiSK tGELF will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
20.3 Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you, GSVlabs or MiSKtGELF. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
20.4 Waiver of Jury Trial. YOU, GSVLABS AND MISK tGELF HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You, GSVlabs and MiSK tGELF are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 20.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
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20.6 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: NestGSV, Inc., 2955 Campus Drive, #110, San Mateo, California 94403 or email address: platform@entrepreneurshipworldcupesg@gsvlabs.com , within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your username (if any), the email address you used to set up your EWC ESG Application account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
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20.8 Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with GSVlabs and MiSKtGELF.
20.9 Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if GSVlabs and MiSK tGELF makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to GSVlabs and MiSKtGELF.
21. General Provisions.
21.1 Electronic Communications. The communications between you, GSVlabs or MiSK tGELF use electronic means, whether you visit the EWC ESG Application Properties or send GSVlabs or MiSK tGELF e-mails, or whether GSVlabs or MiSK tGELF post notices on the EWC ESG Application Properties or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from GSVlabs and MiSK tGELF in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GSVlabs or MiSK tGELF provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
21.2 Release. You hereby release GSVlabs and MiSK tGELF Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from any interactions with or conduct of other EWC ESG Application Website Users or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the EWC ESG Application Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.
21.3 Assignment. The Terms, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated, or otherwise transferred by you without GSVlabs’s and MiSK’s tGELF’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. GSVlabs and MiSK tGELF may freely assign the Terms.
21.4 Force Majeure. GSVlabs and MiSK tGELF shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
21.5 Compliance. If you believe that GSVlabs or MiSK tGELF have not adhered to the Terms, please contact us by emailing us at platform@entrepreneurshipworldcupesg@gsvlabs.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation.
21.6 Governing Law; Venue. The Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. To the extent the parties are permitted under this Agreement to initiate litigation in a court, you, GSVlabs and MiSK tGELF agree that all claims and disputes arising out of or relating to the Terms will be litigated exclusively in the state or federal courts located in San Mateo County, California.
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21.8 Notice. Where GSVlabs and MiSK tGELF require that you provide an e-mail address, you are responsible for providing GSVlabs and MiSK tGELF with your most current e-mail address. In the event that the last e-mail address you provided to GSVlabs is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms, GSVlabs’ and MiSK’s tGELF’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to GSVlabs and MiSK tGELF at the following address: NestGSV, Inc., 2955 Campus Drive, #110, San Mateo, California 94403. Such notice shall be deemed given when received by GSVlabs and MiSK tGELF by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
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21.11 Export Control. You may not use, export, import, or transfer the EWC ESG Application Properties except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the EWC ESG Application Properties, and any other applicable laws. In particular, but without limitation, the EWC ESG Application Properties may not be exported or re-exported (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the EWC ESG Application Properties, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the EWC ESG Application Properties for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by GSVlabs and MiSK tGELF are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer GSVlabs or MiSK tGELF products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
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