Effective Date: September 3, 2022
Welcome to Girl Child Long Walk Hub, the website and online services of Girl Child Long Walk, including the Licensed Application and the online Journey Hub (referred to together as the “Services”). This End User License Agreement (the “Agreement”) explains the terms by which you may use the Services. By downloading and/or using the Services, you agree on behalf of yourself, all members of your household, and any others who use the Services under your account to be bound by this Agreement. The Services are licensed to you for use only under the terms of this Agreement.
1. USE OF OUR SERVICES
The Girl Child Long Walk Hub Services include both the application that can be downloaded from the Apple App Store or from Google Play (the “Licensed Application”) and the online Journey Hub, available on https://girlchildlongwalk.org/ (the “Online Hub”). Through the Services, Imago Dei Fund (the “Licensor”) provides access to The Girl Child & Her Long Walk to Freedom: Putting Faith to Work Through Love to Break Ancient Chains, an e-book that explains and defines the deep roots of patriarchy, and explores the ways that faith offers a liberatory path from this oldest oppression. Through the Licensed Application and the Online Hub, you can access reading material and events and join a discussion with the community.
To access certain features of the Services, you will need to register for an account. You may never use someone else’s access to the Services without permission. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account. You agree to notify Licensor immediately of any breach of security or unauthorized use of your account. You may not use a false email address, impersonate any person or entity, or otherwise mislead Licensor or other users of the Services.
You are solely responsible for your interactions with other users of the Services. Licensor reserves the right, but has no obligation, to monitor any disputes between you and other users. Licensor has no liability for your interactions with other users.
2. SCOPE OF LICENSE TO THE SERVICES
2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Services.
2.2 This Agreement will also govern any updates of the Services provided by Licensor that replace, repair, and/or supplement the Licensed Application and/or the Online Hub, unless a separate license is provided for such update, in which case the terms of that new license will govern. Licensor reserves the right to modify the terms and conditions of licensing.
2.3 You may not share or make the Services available to third parties (except with Licensor’s prior written consent).
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Services, or any part thereof (except with Licensor’s prior written consent).
2.5 You may create and store copies only on devices that you own or control for backup keeping under the terms of this Agreement. You may not remove any intellectual property notices. If you sell your device(s) to a third party, you must remove the Licensed Application from the device(s) before doing so.
3. USE OF DATA
You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, and application software, and peripherals, offer product support, facilitate the software updates, and for purposes of providing other services to you (if any) related to the Services. Licensor may also use this information to improve its products or to provide services or technologies to you.
4. USER-GENERATED CONTRIBUTIONS
4.1 The Services may allow or invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, offensive, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by Licensor).
- Your Contributions do not violate any applicable law, regulation, or rule, nor any provision of this Agreement.
Any use of the Services in violation of the foregoing violates this Agreement and may result in, among other things, termination or suspension of your rights to use the Services.
4.2 By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to Licensor an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
4.3 Licensor is not liable for any statements or representations in your Contributions. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate Licensor from any and all responsibility and to refrain from any legal action against Licensor regarding your Contributions.
4.4 Licensor has the right, in its sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorize any Contributions to place them in more appropriate locations within the Services; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. Licensor has no obligation to monitor your Contributions.
The Services are intended solely for users who are eighteen (18) years of age or older. Any registration or access to the Services by anyone under 18 is unauthorized and unlicensed.
6. COPYRIGHT COMPLAINTS
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please send to Licensor, at the email address below, the following information:
- A description of the work you claim has been infringed upon;
- A description of the material that is claimed to be infringing and where it is located on the Services;
- Your address, phone number, and email address;
- A statement that you have a good faith belief that the used of the material is not authorized;
- An electronic signature of a person authorized to act on behalf of the copyright owner; and
- A statement, made under penalty of perjury, that the above information is accurate.
The Licensor’s Copyright Agent for such notices can be reached at:
Attn: DMCA NOTICE
The Girl Child & Her Long Walk to Freedom, a project of Imago Dei Fund
PO Box 170025
Boston, MA 02117
It is Licensor’s policy, in appropriate circumstances, to terminate the accounts of users who are repeat infringers or are repeatedly charged with infringement.
7. DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 You agree to defend, indemnify and hold harmless Licensor and its subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Services, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your Contributions or any that are submitted via your account; or (vi) any other party’s access and use of the Services with your unique username, password or other appropriate security code.
7.2 THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, AND PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. LICENSOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. LICENSOR WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES, OR FROM ANY INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. CONTACT INFORMATION
For general inquiries, complaints, questions or claims concerning the Licensed Application or the Online Hub or about this Agreement, please contact:
The Girl Child & Her Long Walk to Freedom, a project of Imago Dei Fund
PO Box 170025
Boston, MA 02117
The license is valid until terminated by Licensor. Your rights under this license will terminate automatically and without notice from Licensor if you fail to adhere to any term(s) of this Agreement. Upon license termination, you shall stop all use of the Services, and destroy all copies, full or partial, of the Licensed Application.
10.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
10.2 Collateral agreements, changes, and amendments are only valid if laid down in writing.
10.3 No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Licensor’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
10.4 This License Agreement is governed by the laws of the Commonwealth of Massachusetts excluding its conflicts of law rules.
11. Dispute Resolution/Mandatory Arbitration/Individual Disputes Only
PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY IMPACT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
11.1 If a dispute, controversy, claim or cause of action arises out of, or in connection with, this Agreement or any breach or alleged breach thereof, or arises out of, or in connection with, the Services in any manner, (the “Dispute”), and if the Dispute cannot be settled through direct discussions, we mutually agree to endeavor first to settle the Dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures then in effect (or under any other form of mediation mutually acceptable to the parties involved) before resorting to arbitration. Any unresolved controversy or claim relating to the Dispute shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect (or under any other form of arbitration mutually acceptable to the parties involved), and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If all parties to the Dispute agree, a mediator involved in the parties’ mediation may be asked to serve as the arbitrator. The mediation and arbitration, if any, shall take place in Massachusetts (unless another location is mutually agreed to by the parties involved). Any award rendered shall be final and conclusive upon the parties. The costs and expenses of the mediation and arbitration shall be borne equally by the parties, provided, however, that the arbitrator may award to the prevailing party, if any, the reasonable costs and attorneys’ fees incurred by the prevailing party in connection with the mediation and arbitration. If the arbitrator determines that a party was the prevailing party on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the reasonable costs and attorneys’ fees incurred by the prevailing party in connection with the mediation and arbitration. In the event this mediation/arbitration provision is found to be unenforceable or inapplicable for any reason, then any dispute, controversy, claim or cause of action arising out of, or in connection with, this Agreement or any breach or alleged breach thereof, shall be brought in the state or federal courts in Massachusetts, and you irrevocably consent and submit to the jurisdiction of such courts to litigate any such action and waive trial by jury. The prevailing party in such action shall be entitled to recover its reasonable costs and attorneys’ fees incurred in connection therewith, and if it is determined that a party was the prevailing party on some but not all of the claims and counterclaims, such party may be awarded an appropriate percentage of the reasonable costs and attorneys’ fees it incurred in connection therewith.
YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT, AND ARE HEREBY WAIVING YOUR RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
11.2 Notwithstanding the above, you and Licensor agree that arbitration will be limited to the Dispute between you and the Licensor individually. To the full extent permitted by law: (a) no arbitration will be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AND LICENSOR AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, OR REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. UNLESS BOTH YOU AND LICENSOR AGREE OTHERWISE, THE ARBITRATOR(S) MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, CLASS, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. ALSO, THE ARBITRATOR(S) MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHERS.