TABLE OF CONTENTS
Password Protected Areas
By the Guild
16. Written Document
1. User Eligibility
You agree that by using the FTWG.org website, you agree to follow and be bound by these Terms and agree to comply with all applicable laws and regulations, including United States and Florida laws.
Use of the Site is limited to parties that can lawfully enter into and form contracts under applicable law. Minors are not eligible to use the Site and we ask that they do not submit any personal information to us. YOU AGREE THAT BY USING THE SITE AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
By using the FTWG.org website, you represent that you have all requisite right, power, and authority to bind yourself to any applicable agreement(s) and to perform your obligations thereunder. You acknowledge that you are entering into this Agreement voluntarily and without any duress or undue influence. You acknowledge that you have sought the advice of an attorney of your choice, if so desired, prior to entering into this Agreement.
FTWG may, without notice to you, at any time amend these Terms and any other information contained on this website. The latest Terms will be posted on our websites, and you should review the Terms prior to using the website. Your continued use of the websites after any changes to these Terms are posted will be considered acceptance of those changes.
5. Ownership of Content
This Site is owned and operated by The Florida Tropical Weavers Guild, Inc. The past, present, and future versions of the Site; all pages found within the FTWG Site, the material and information on the FTWG Site, all graphics, text, images, audio, videos, designs, compilation, advertising copy, articles, user interfaces, artwork, any computer applications, any and all copyrightable material (including source and object code) and all other materials, including without limitations the design, structure, “look and feel” and arrangement of such content contained on the FTWG Website (the “Content”); trade names, trademarks, service marks, logos, domain names, and other distinctive brand elements, whether registered or not are owned, controlled, or licensed by or to FTWG, and are protected by intellectual property laws (the “Intellectual Property laws”), including but not limited to copyright, trademark, trade dress, domain name, patent, trade secret, international treaties, and other proprietary rights and unfair competition laws. In using the FTWG Website or the Content, you acknowledge and agree to abide by all applicable Intellectual Property laws, as well as any specific notice contained on the Site. All rights not expressly granted are reserved.
The FTWG Website and the Content may not be copied, reproduced, modified, adapted, translated, transmitted, displayed, published, posted, leased, loaned, resold, or otherwise distributed in any way, without FTWG’s express prior written authorization. You are granted permission to display on your computer, print, and download the Content on the Site solely for your own personal, non-commercial, and educational use. You are granted permission to print and download materials created for advertising, such as Brochures and Flyers, FTWG-organized events (the “Events”), including but not limited to the Annual Conference, to share with others who may be interested in attending such Events. You must retain copyright and other notices on any copies of the Content you make. Unauthorized use of the FTWG Website or the Content contained on or available through the FTWG Site or any linked websites may violate applicable Intellectual Property laws or other laws.
The FTWG Website and the Content may contain user or third party submitted content, such as feedback and suggestions, post or submissions, and other materials (the “Submissions”) intended for review by the general public, or by members of any public or private community. FTWG does not claim ownership of the third-party submitted content and shall have no obligation or liability of any kind, including without limitation, errors, omissions, or damages, with respect to Submissions. Submissions are not reviewed, approved, or endorsed by FTWG and are provided solely for convenience to FTWG customers and users. FTWG reserves the right to monitor, restrict access to, edit, or remove any Content available via the Site.
Copyright Infringement Complaints. You may not use the FTWG Website or Content for any purpose or in any manner that infringes the rights of any third parties. FTWG encourages you to report any content on the FTWG Site that you believe infringes your copyright. If you would like to submit a Copyright Infringement Complaint, click here.
6. Your Use of the Website
Password Protected Areas
Access to and use of password protected areas of the FTWG Site is restricted to authorized users only. You agree that you:
- Will provide current, complete, and accurate identification, contact and other information about you as you may be prompted by the registration process on the FTWG Site;
- Are responsible to maintain and keep current and update any registration data and other information you provide to FTWG;
- Are entirely responsible for maintaining the security of your password, identification, and account and for any and all activity that occurs under your account;
- Will notify FTWG immediately of any unauthorized access or use of your account or password or any other breach of security;
- Understand that any person with your password will be able to access your account and any registration data;
- Accept sole risk of unauthorized access to your account.
FTWG will not be liable to you for any loss you may incur as a result of someone else using your password or account with or without your knowledge. You may be held liable for losses incurred by FTWG or any other user or visitor to the FTWG Website due to someone else using your password or account.
You may not use anyone else’s account at any time without the permission of the account holder.
Without limiting any other provision of these Terms, you agree that you will not:
- Upload, post, email, transmit, or otherwise make available any Content that violates or infringes in any way upon the rights of others, including any statements which may harm, abuse, defame, harass, stalk, or threaten others or invade another’s privacy;
- Upload, post, email, transmit, or otherwise make available any Content that contains blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity, or profanity;
- Harm minors in any way;
- Impersonate any person or entity, including, but not limited to a Guild officer or official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
- Upload, post, email, transmit, or otherwise make available any Content that does not generally pertain to the designated topic or theme of the attached page, post, article, or discussion;
- Upload, post, email, transmit, or otherwise make available any Content that is false or misleading;
- Upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
- Upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
- Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
- Act in a manner that negatively affects other users’ quiet enjoyment of the Site;
- Interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies, or regulations of networks connected to the Site;
- Intentionally or unintentionally violate any applicable local, state, national, or international law, including any regulations having the force of law;
- Stalk or otherwise harass another; and / or
- Collect or store personal data about other users, except as is explicitly provided for in any applicable agreement or guidelines governing the Site
- Set up additional account(s) to be used for deceptive purposes.
7. Linking to the FTWG Website
We greatly appreciate your efforts in letting other people know about FTWG. We are excited to spread the love of fiber arts to others who wish to learn more about them! You may link to the FTWG website by using a text link and linking to any of the public, non-password protected, pages on the FTWG Site.
FTWG only consents to links in which the link and the pages that are activated by the link do not:
- Duplicate the website content;
- Frame or create any other border around the website content or any pages on the site or use other techniques that alter in any way the visual presentation or appearance of any content within the FTWG website;
- Misrepresent your relationship with FTWG or otherwise create a false affiliation, connection, or association with FTWG;
- Imply that FTWG approves or endorses you, your website, or your services or product offerings;
- Present false or misleading impression about FTWG or otherwise damage the goodwill associated with the FTWG name or trademarks;
- Use FTWG trademarks in page text, metatags, and or hidden text for purpose of gaining higher rankings from search engines;
- Utilize FTWG name, trademarks, service marks, colors, logos, or any other brand features of FTWG, or your relationship with FTWG for purposes of or in any manner which intentionally gives rise to advertising or publicity without FTWG’s prior written permission.
As a further condition to being permitted to link to the FTWG Website, you agree that FTWG may, at any time, in its sole discretion, terminate permission to link to the FTWG Website. In such event, you agree to immediately remove all links to the FTWG Website and to cease using any FTWG trademark. FTWG reserves the right to disable any unauthorized links or names and disclaims any responsibility for the content available on any other website reached by links to or from the FTWG website.
8. Links to Third Party Websites
The Site may provide, or third parties may provide, links to other internet sites or resources. Because FTWG has no control over such sites and resources, you acknowledge and agree that the Guild is not responsible for the availability of such external sites or resources, and does not endorse, and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that the Guild shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such site or resource.
By the Guild
You agree that the Guild may, without prior notice, immediately terminate your account, any associated account(s), and access to the Site indefinitely or for a set period of time. A termination of any account, whether temporarily or permanent, may include limitations to accessing the Site and removal of your profile from the Site. You further agree that any termination by the Guild shall be at the Guild’s sole discretion and that the Guild shall not be liable to you or any third party for any termination of your account, any associated Content, or access to the Site.
Cause for such termination shall include, but not be limited to:
- Breaches or violations of the Terms or other incorporated agreements or guidelines;
- Requests by law enforcement or other government agencies;
- A request by you (self-initiated account deletions);
- Discontinuance or material modification to the Site or any part thereof;
- Unexpected technical or security issues or problems;
- Extended periods of inactivity;
- Engagement by you in fraudulent or illegal activities;
- Nonpayment of any fees owed by you in connection with the Site
You may terminate your account and delete your account data at any time or for any reason.
If you have a recurring subscription, such as Annual Dues, to the Site, termination and deletion of your account may not be sufficient to discontinue payment of the Annual Dues. Some third-party providers, including but not limited to PayPal, store subscription data separately and you may need to cancel your subscription on your PayPal account in addition to termination your account on the FTWG Site.
If you require assistance with the termination of your account, deletion of your account data, and/or cancellation of a recurring subscription with a third-party provider, please contact firstname.lastname@example.org.
10. Assignment, Survivorship, and Non-Transferability
You agree that your account is non-transferable and any rights to your ID or Content within your account terminate upon your death.
11. Disclaimer of Warranties
THE SITE, AND ALL CONTENT PROVIDED ON OR THROUGH YOUR USE OF THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, THE GUILD EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
THE GUILD MAKES NO WARRANTY THAT:
- THE SITE OR THE MATERIALS WILL MEET YOUR REQUIREMENTS;
- THE SITE OR THE MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE;
- THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, OR ANY MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR RELIABLE;
- THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE CONTENT OR MATERIALS WILL MEET YOUR EXPECTATIONS;
- ANY ERRORS IN THE SITE OR ANY SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS ACESSED AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBILE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE GUILD OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Limitation of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE GUILD AND ITS OFFICERS, DIRECTORS, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION, MEDIATION OR ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION, MEDIATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF THE GUILD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE GUILD, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND / OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD THE GUILD, ITS OFFICERS, DIRECTORS, AND AGENTS HARMLESS FROM ANY CLAIMS AND DEMANDS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY ARISING FROM OR RELATING TO:
- YOUR USE OF AND ACCESS TO THE SITE AND CONTENT;
- CONTENT YOU SUBMIT, POST, TRANSMIT, OR OTHERWISE MAKE AVAILABLE VIA THE SITE;
- YOUR VIOLATION OF THESE TERMS OR WEBSITE SPECIFIC TERMS AND CONDITIONS.
THIS INDEMNIFICATION OBLIGATION WILL SURVIVE THE TERMINATION OF YOUR FTWG ACCOUNT OR THESE TERMS.
14. Compliance with Law
You agree to use the Site in strict compliance with all applicable laws, rulings, and regulations and in a fashion that does not, in the sole judgment of the Guild, negatively reflect on the goodwill or reputation of FTWG and shall take no actions which would cause FTWG to be in violation of any laws, rulings, or regulations applicable to FTWG.
15. Governing Law, Disputes, and Jurisdiction
Any legal action or proceeding relating to your access to or use of the Site or its Content is governed by Florida Law.
In the event of any dispute between you and the Guild, you agree to take all reasonable steps to resolve the dispute quickly and efficiently first, through good faith negotiations, and then, through formal mediation or arbitration if requested by the Guild in its sole discretion.
In the event of a dispute that cannot be resolved in accordance with the foregoing principle, the state and federal courts of Florida shall have exclusive jurisdiction over any matter arising hereunder, and you hereby consent to personal jurisdiction in those.
16. Written Document
17. Waiver and Severability of Terms
The failure of the Guild to exercise or enforce any right or provision of these Terms or any agreement shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect.
Section headings are included in the Terms for convenience only. They are not to be considered a part of the Terms and are not intended to be a full and accurate description of the contents hereof.
19. Complete Agreement
Appendix A: Policy History
7/30/2020: Policy first posted to ftwg.org
8/4/2020: Appendix A: Policy History added