Effective Date: January 1, 2021
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND CONTAIN A MANDATORY ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION REMEDIES.
These Terms of Service (these “Terms”) form a binding legal agreement between The Global 51, LLC, a Delaware limited liability company (“we”, “us”, or “our”) and you regarding your membership in our community (if you are a member), your use of our website and portal (the “Platform”), and your attendance at events we host, organize, sponsor, or otherwise facilitate (“Events”).
These Terms apply to your use of the Platform, including attendance at any Events through the Platform. Please review these Terms carefully. By registering an account through the Platform, you agree to be bound by these Terms. Each time you use the Platform, you agree to be bound by these Terms. We may update these Terms from time to time in our discretion. We will always keep the current version of these Terms posted on this website. By using the Platform after a new version of these Terms have been posted, you agree to the terms and conditions of such version of these Terms. If you do not agree to these Terms, you must immediately cease your use of the Platform. If you have a separate negotiated contract with us, that contract will govern in the event of any conflicts between these Terms and that contract as relates to your use of the Platform.
If you wish to attend a particular Event, you may be required to agree to additional terms and conditions related to such Event (which may include eligibility criteria, additional fees, or other terms). If you attend an Event hosted by a third party, you agree and acknowledge that we are not responsible for the acts or omissions of such third party and will have no liability for the carrying out of the Event. In-person Events may involve inherent risks, and you are solely responsible for assessing and mitigating such risks.
MEMBERSHIP AND PAYMENTS
To become a member, you will need to meet certain eligibility criteria and pay the applicable membership fees. Memberships are offered on an annual basis and all fees must be paid in advance. We process memberships on a calendar year cycle, and if you join mid-year we will prorate your first calendar year membership fees accordingly. Your membership will automatically renew on a calendar year basis at our then-current pricing, unless you provide timely notice of non-renewal as described below. We will use commercially reasonable efforts to contact you approximately 60 days ahead of the renewal date, advising you of the upcoming renewal and any change in fees. Unless you provide written notice of non-renewal at least 30 days’ prior to the renewal date, your membership will renew. We will invoice (or, if you have provided payment information, charge) you for the renewal fees on or around your renewal date. Membership fees, including renewal fees, are non-refundable.
We have the right to cancel your membership immediately if you breach these Terms or any community policies or agreements we have in place. For avoidance of doubt, if we terminate your membership for cause, we will not be obligated to refund any prepaid membership fees.
Memberships are personal and non-transferable. You may not share your account or credentials with any other individual or entity.
The Platform may from time to time give you the option to purchase additional features or access (e.g., in connection with a particular Event) at the listed rates. By providing us a payment card or other payment method information, you authorize use to charge you for the designated amounts on a one-time or recurring basis, as selected by you. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Platform, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments.
Unless otherwise expressly set forth herein, all payments are non-refundable.
CONTENT; OWNERSHIP AND LICENSE
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Platform.
All Content other than Your Content (as defined below) is owned by us or our third party licensors and vendors and is protected by applicable copyright, trademark, and/or other intellectual property laws. Nothing contained on the Platform should be construed as granting any license or right to use any of the Content without our written permission other than as set forth herein. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use the Platform and Content for your personal use. Any use of the trademarks included in the Content will inure to our (or the applicable licensor’s) benefit.
If you believe that any Content infringes your copyrights or that your intellectual property rights have been otherwise harmed, immediately notify our designated copyright agent by Paracorp Incorporated, 2140 S. Dupont Highway, Camden, DE 19934, Phone: 888-372-7273; Email: [email protected]. Your notice must comply with the requirements of the DMCA by including the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you repeatedly infringe third party copyrights (e.g., by submitting Content without permission), whether proven or alleged, it is our policy to terminate your account on the Platform.
YOUR CONTENT; FEEDBACK
“Your Content” means any Content submitted to the Platform by you. We have the right, but no obligation, to monitor or screen Your Content and remove any of Your Content in our discretion, including if we deem it objectionable or inappropriate in any way. You own Your Content. By submitting any of Your Content, you: (i) represent and warrant that you have all right, title, and interest to do so; (ii) acknowledge that Your Content will not be treated as confidential, and may be publicly visible via the Platform; (iii) grant us and our affiliates a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully transferable and sublicensable license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of Your Content in any media and for any purpose whatsoever (including to operate, maintain, improve, and promote the Platform) without attribution or compensation; and (iv) irrevocably waive any claims of moral rights, privacy, publicity, or similar rights in any of Your Content. If you provide feedback, suggestions, improvements, or requests for additional functionality related to the Platform (collectively, “Feedback”), you grant us an unrestricted, perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, display, perform, modify, transmit, distribute and create derivative works of such Feedback in any way we deem reasonable, without any attribution or accounting to you. This paragraph will survive any termination or expiration of these Terms or of your account on the Platform.
You represent, warrant, acknowledge and agree that:
COMMUNITY STANDARDS; RESTRICTIONS
We are not responsible for the conduct of any user. You agree to act in a professional, business-like, respectful, ethical, and lawful manner when using the Platform and when attending our Events. Without limiting the foregoing, you represent, warrant, and agree that you will not: (i) remove any trademark or copyright notices contained in the Platform or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Platform or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Platform or Content; (iv) disassemble, decompile or reverse engineer the Platform or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Platform or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Platform or any other systems or otherwise interrupt or interfere with any other user’s use or enjoyment of the Platform; (vii) promote illegal activity or violate any applicable local, state, national or international law; (viii) post or transmit any Content that is discriminatory, unlawful, defamatory, abusive, harassing, threatening, indecent, pornographic, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy or other rights of any person; (ix) send unsolicited advertisements through the Platform; (x) impersonate any person or misrepresent your identity or affiliation; (xi) use the Platform in a way that is not for its intended purposes or that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xii) provide any false or misleading information or any information that you do not have the right to provide; or (xiii) otherwise violate any of our published rules, policies, or guidelines.
The Platform may contain links to websites owned or operated by, and marketing materials and content provided by or promoting third parties and their products and services (for which we may be compensated on a non-transaction basis by the applicable third party and therefore we have an incentive to list such content over other content for which we do not receive any compensation). We do not control or endorse such parties, websites, products or services, and we are not responsible for their content, nor are we responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or materials. We have the right, but not the obligation, to review any Content provided by third parties (including other users of the Platform). We do not endorse such third party Content, and any views expressed therein are the views of the applicable author and do not necessarily align with our views. We are not responsible for the accuracy or reliability of any Content provided by third parties and will not be liable for any causes of action (including slander, libel, or invasion of privacy) relating to such third-party Content. We have no control over, and are not responsible for, your interactions (online or in person) with any third parties, including other users of the Platform even if introduced via the Platform. You are solely responsible for your interactions with any third parties. If you have any disputes with other users of the Platform, we may (at our discretion) attempt to facilitate a resolution, but are under no obligation to do so. Additionally, the Platform may enable the use of certain third-party features, such as video conferencing solutions. We do not own or control such third-party features or the third parties that offer them, we are not liable for the acts or omissions of any third parties or the operation of their solutions or offerings, and any use of such third-party features will be at your own risk and subject to the applicable third party’s terms and conditions.
NEITHER WE, NOR THE PLATFORM OR CONTENT, PROVIDE LEGAL, TAX, FINANCIAL, INVESTMENT, OR OTHER PROFESSIONAL ADVICE. YOU SHOULD CONSULT PROFESSIONAL ADVISORS ABOUT THE LEGAL, TAX, INVESTMENT, OR FINANCIAL CONSEQUENCES OF YOUR ACTIVITIES. WE DO NOT REPRESENT AND CANNOT GUARANTEE ANY SPECIFIC RESULTS FROM USE OF THE PLATFORM OR CONTENT. THE PLATFORM IS PROVIDED TO FACILITATE EVENTS, INCLUDING CONNECTIONS BETWEEN USERS. WE ARE NOT A BROKER-DEALER OR AGENT OF ANY USER LISTED ON THE PLATFORM, ARE NOT COMPENSATED BASED ON TRANSACTIONS OR INVESTMENTS, CAPITAL RAISED OR THE VALUE OF INVESTMENTS AND WE DO NOT SOLICIT INVESTMENTS.
WITHOUT LIMITING THE FOREGOING, NOTHING PROVIDED ON OR THROUGH THE PLATFORM SHALL CONSTITUTE OR BE CONSTRUED AS AN OFFER OR SOLICITATION TO PURCHASE ANY SECURITY OR FINANCIAL INSTRUMENT, OR AS FINANCIAL, LEGAL, TAX, OR INVESTMENT ADVICE, OR A SUITABLE INVESTMENT OR RECOMMENDATION OR ENDORSEMENT OF ANY USER OR THIRD PARTY. CONTENT AVAILABLE ON OR THROUGH THE PLATFORM SHOULD NOT BE CONSIDERED AS SUFFICIENT INFORMATION UPON WHICH TO BASE AN INVESTMENT DECISION. WE MAY KNOW INFORMATION ABOUT A MANAGER OR FUND THAT IS NOT CONTAINED IN THEIR POSTED OR PROVIDED CONTENT OR MATERIALS BUT WE SHALL HAVE NO RESPONSIBILITY TO SHARE SUCH INFORMATION WITH ANY PERSON. ALL INVESTMENTS ARE SUBJECT TO THE TERMS OF A MANAGER’S OR FUND’S DEFINITIVE DOCUMENTS. EXCEPT FOR DEFINITIVE OFFERING DOCUMENTS, CONTENT AND OTHER INFORMATION PROVIDED BY A MANAGER OR FUND IS NOT COMPLETE, DOES NOT CONTAIN IMPORTANT RISK AND OTHER INFORMATION ABOUT A MANAGER AND ITS FUNDS OR OTHER PRODUCTS/SERVICES AND MAY CONSTITUTE ONLY SUBJECTIVE VIEWS OF THE MANAGER. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE OFFERING DOCUMENTS, CONTENT AND OTHER INFORMATION FURNISHED BY ANY USER OR THIRD PARTY. YOU ASSUME SOLE RESPONSIBILITY AND RISK OF YOUR INVESTMENT DECISIONS AND THE DUE DILIGENCE RELATED THERETO. NO REPRESENTATION IS MADE THAT ANY MANAGER OR FUND WILL BE SUCCESSFUL. PAST PERFORMANCE OF A MANAGER OR FUND IS NOT INDICATIVE OF FUTURE RESULTS OF SUCH MANAGER OR FUND.
YOUR USE OF THE PLATFORM AND CONTENT IS AT YOUR SOLE RISK AND THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE PLATFORM AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE OR THE CONTENT WILL BE COMPLETE OR ACCURATE. WE ARE NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY ELECTRONIC NETWORK OR LINES, SERVERS, SOFTWARE, OR FAILURE OF TRANSMISSION AS A RESULT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON THE PLATFORM, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE PLATFORM.
UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE PLATFORM OR OTHER THIRD PARTIES. WE DO NOT ENDORSE ANY USERS OR THIRD PARTIES LISTED, REFERENCED, OR REGISTERED USING THE PLATFORM (EVEN THOSE WE MAY FEATURE OR SPOTLIGHT FROM TIME TO TIME). IF YOU CHOOSE TO WORK WITH ANY SUCH USERS OR THIRD PARTIES, YOU DO SO AT YOUR OWN RISK AND WE WILL NOT BE RESPONSIBLE FOR SUCH INTERACTIONS OR THE SERVICES PROVIDED BY SUCH THIRD PARTIES, INCLUDING INVESTMENT SERVICES. ANY SEPARATE INVESTMENT OR OTHER BUSINESS RELATIONSHIP YOU ENTER INTO WITH ANY THIRD PARTY IS SOLELY BETWEEN YOU AND SUCH THIRD PARTY, AND WE ARE NOT A PARTY TO SUCH RELATIONSHIP.
SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THESE LIMITATIONS WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE PLATFORM, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, NEITHER WE NOR OUR LICENSORS WILL BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $100 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. YOUR SOLE REMEDY IF YOU ARE DISSATISFIED WITH THE PLATFORM IS TO DISCONTINUE YOUR USE THEREOF.
RELEASE AND INDEMNITY
You will release, defend, indemnify, and hold us, our past, present, and future affiliates, licensors, licensees, marketing partners, and suppliers, together with their respective officers, directors, employees, and agents, harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from your use of the Platform, Your Content, your violation of these Terms, or any claims arising from transactions or relationships between you and other users of the Platform. We may opt to defend such claims at our sole discretion, in which case you will indemnify us for the costs of such defense. California residents hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party.”
We reserve the right to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) without notice. We may terminate or suspend your account at any time, without liability to you. We may terminate or restrict your access to any Event at any time. Your right to use the Platform will automatically terminate if you breach these Terms. You may stop using the Platform at any time; to delete your account please contact us as set forth at the end of these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
DISPUTE RESOLUTION; MANDATORY ARBITRATION; WAIVER OF JURY TRIAL AND CLASS ACTION
THESE TERMS ARE GOVERNED BY AND WILL BE CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF DELAWARE, WITHOUT REGARD TO THE CONFLICTS OF LAWS PROVISIONS THEREOF.
THE PARTIES AGREE THAT ANY DISPUTES ARISING IN CONNECTION WITH THE PLATFORM OR THESE TERMS WILL BE EXCLUSIVELY RESOLVED IN BINDING ARBITRATION USING THE DISPUTE RESOLUTION PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION LOCATED IN NEW YORK, NEW YORK. NOTWITHSTANDING THE FOREGOING OBLIGATION TO ARBITRATE DISPUTES, EACH PARTY SHALL HAVE THE RIGHT TO PURSUE INJUNCTIVE OR OTHER EQUITABLE RELIEF AT ANY TIME, FROM ANY COURT OF COMPETENT JURISDICTION.
THE PARTIES HERETO EXPRESSLY WAIVE THE RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PARTICIPATE IN CLASS-ACTION PROCEEDINGS.
We will not be responsible or liable for any delays or failures to perform due to causes beyond our reasonable control, which may include natural disasters, terrorist attacks, criminal activity, failure of internet or communications networks, health emergencies including pandemics or similar serious outbreaks of disease, or other force majeure events.
We may from time to time offer you the chance to try certain “beta” or “evaluation” products, services, features, or functionality (“Beta Offerings”). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, ALL BETA OFFERINGS ARE PROVIDED ON A COMPLETE “AS-IS” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, AND WE WILL HAVE NO LIABILITY IN CONNECTION WITH THE BETA OFFERINGS.
Some or all of the Platform’s features and services may be limited or unavailable to users who are not residents and/or citizens of the United States.
You may not assign these Terms or these rights and obligations without our prior written consent; any purported assignment in violation of these Terms will be null and void. If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect.
These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
You may provide notice to us by contacting us as set forth below. We may provide notice to you by email or regular mail at the address listed in your account profile, or through messages displayed or sent via the Platform.
For more information or for help in answering any questions, please contact us at [email protected].