Terms of Service
Our Terms of Service set forth the rules we use to govern your use of this site and our services and any intellectual property contained in our offerings. It is essentially a contractual agreement between GOOD Worldwide Inc. and you, the user of this site and the Services. Please read the information below carefully to understand exactly what you can and cannot do on our site(s) or with our services, and to understand the restrictions on what each of us is responsible for in connection with your use of the services we provide.
1. Acceptance of Terms of Service
These Terms of Service (“Terms”) govern any website and/or subdomain owned and operated by GOOD Worldwide Inc. and/or its affiliates, related entities, divisions, subsidiaries or parent companies (“GOOD”, “we”, “us” or “our”), including youraccessacupuncture.com, good.is, upworthy.com, scoop.upworthy.com and their subdomains (the “Site(s)”), and any portals, applications, products, goods, services, newsletters, events, and any interactive features, applications or other services that display a link to these Terms. By accessing, viewing or posting to the Sites, or participating in or using any services offered on the Sites (collectively, the “Services”), you agree to be bound by these Terms. These Terms apply to all users of the Sites, including users who also contribute content, information and other materials to the Sites, including comments, “likes” or shares. If you are using the Site or Services on behalf of a company or organization, that company or organization will also be considered a party to these Terms. Our Site and Services are not intended for users under the age of 13.
From time to time, GOOD may decide to change, add or remove portions of these Terms and will post those changes here. If GOOD does so, your continued use of the Site or Services after such changes are made will mean that you accept those changes. The amended terms will automatically become effective upon posting on this site. In addition, BON reserves the right to change and improve the features and functionality of the Services at any time, including adding, modifying or removing features and functionality of the Services, or updating the way our Services are provided. BON further reserves the right to suspend or terminate the Services for any reason or at any time.
3. Proprietary Rights
You acknowledge that this Site contains content protected by copyrights, trademarks, service marks, trade dress, patents, moral rights or other proprietary rights (“Content”), and that these rights are valid and protected in all forms, media and technologies existing and future. You also acknowledge that, except as otherwise provided in these Terms and Conditions or as otherwise indicated on the Site, BON or its licensors own all of the Content on this Site, including, without limitation, all video, text, graphics, user interfaces, visual interfaces, photographs, animated images, illustrations, files, trademarks, logos, service marks, artwork, computer code, design, structure, selection, coordination, “look and feel” and arrangement of such Content. Your use of this site does not give you any claim of ownership in any content that you did not create, and you agree to comply with all applicable copyright and trademark laws. You may not modify, transmit, participate in the sale or transfer of any Content, or create derivative works based on any Content, in whole or in part. You may print copies of the Content, provided that such copies are made solely for personal, non-commercial use, and that you retain all notices contained in the Content, or retained by the licensor or author, such as copyright notices, trademark legends, attributions, guidelines or other proprietary notices. You may not store any substantial portion of the content of this site electronically. The use of the content of this site on any other site, including by linking or framing, or in any networked computer environment, for any purpose is prohibited without the prior written consent of BONNE.
To obtain permission to use the content of this site or marketing materials written and distributed by GOOD, you must request prior written permission and provide full attribution. Permission should be requested by contacting [email protected]
4. Use of the Site; Risk of Loss
GOOD reserves the right to refuse service, cancel newsletter subscriptions and orders for products or services, terminate accounts or access to the site, and/or remove or edit content, in its sole discretion. If you register for information from GOOD, you agree, represent and warrant that you will provide us with true, current, complete and accurate information in connection with your use of the Site and Services. You also represent that you are using our Site for lawful purposes – you may not use your access to the Site or Services to commit or encourage fraudulent acts or commit any act that could give rise to civil or criminal liability.
You are solely responsible for your conduct and for any content that you submit, publish and post to the Site or Services or that you authorize others to submit, publish and/or post to the Site or Services under your name or profile. You may not harass, threaten, impersonate or intimidate other users of the GOOD Site or Services. You may not upload, post, email, transmit or otherwise make available any unlawful, harmful, threatening, abusive, hateful, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy or otherwise objectionable material. You may not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links” or any other form of solicitation.
You agree not to access the Site by any means other than through a commercially available web browser. You may not upload to the Site any material that you need to know about or that you know infringes on the intellectual property rights of others, and you may not upload any material that imposes an unreasonable load on the performance of the Site, or on GOOD systems and equipment. You may not use the Site or Services in any manner that could damage, disable, impair or otherwise interfere with the GOOD or any of our servers. You may not attempt to gain unauthorized access to the Site or the accounts, computer systems or networks of other users through password mining, keystroke logging, hacking or any other means. You will not upload any files that contain viruses, Trojan horses, malware, spyware, worms, corrupted files, or any other material or software that may damage the operation of another computer. Any material downloaded is subject to applicable federal, state and international laws.
We may, in our sole discretion, terminate your access to or use of the Site at any time and for any reason. GOOD will not be liable to you or any third party for any termination of your access to the Site. If your status as a user of this Site is terminated, you shall (i) cease using the Site and any information obtained from the Site, and (ii) destroy all copies of any information obtained from this Site.
Violation of the security of the Site or the Services is prohibited and may result in criminal and civil liability. We may investigate incidents involving such violations and may involve, and cooperate with, law enforcement if a criminal violation is suspected. Examples of security violations include, without limitation, unauthorized access to or use of data or systems, including any attempt to probe, scan, or test the vulnerability of the Site or Services or to breach security or authentication measures, unauthorized monitoring of data or traffic, interference with service to any user, host, or network, including, without limitation, mail bombing, news bombing, other flooding techniques, deliberate attempts to overload a system, forging any TCP-IP packet header, email header, or any part of a message header, except for authorized use of aliases or anonymous remailers, and using manual or electronic means to avoid any limitations on use.
6. Submitted Material
Unless specifically requested, GOOD does not wish to receive any confidential, proprietary or trade secret information from you via the Site (including via the contact email provided on the Site). Accordingly, if you send GOOD any information or creative work, including, without limitation, submissions of ideas, suggestions, business plans, concepts or demonstrations in any media, including photographs, graphics, audiovisuals or other materials (“Submitted Material”), you warrant that the Submitted Material is not confidential or secret and that the Submitted Material is entirely your property and you grant GOOD an unrestricted, royalty-free, worldwide license to use the Submitted Material, a perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, print, publish, translate, create derivative works from, create collective works from, and distribute, perform, display, license and sub-license (through multiple tiers) the Submitted Material in any and all media now known or hereafter invented, including for commercial purposes. In addition to the rights applicable to any Submitted Materials, when you post comments or reviews on the Site, you also grant us the right to use the name you submit with any review, comment or other content, in connection with that review, comment or other content. If you send GOOD any submitted material, you warrant that you have all necessary rights (including rights of privacy and publicity) to authorize GOOD to use the submitted material as permitted by the license in this section. You must not use a false email address, pretend to be someone other than yourself, or mislead us or others as to the origin of any submitted material, including reviews, comments or other content. We may, but are not obligated to, remove or edit any submitted material (including comments or reviews) for any reason.
7. Third Party Websites
Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or through the Site, including without limitation with respect to payment and delivery of related products or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third parties and are not binding on us. You agree that we shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any kind or nature incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify us from and against any and all claims incurred as the result of such dealings.
You agree to defend, indemnify and hold harmless GOOD, its subsidiaries, related entities, divisions, affiliates or parents, its officers, directors, employees, affiliates and agents from and against any and all claims, losses, damages, fines, penalties or other liabilities associated in any way with: (i) your use of and access to the Site or the Services; (ii) your violation of any of these Terms; and (iii) your violation of any third party rights, including any copyright, trademark, trade secret or privacy rights related to your User Content (as applicable) or use of the Site.
9. Disclaimer of Liability
YOU AGREE THAT YOUR USE OF THE SITE AND THE SERVICES PROVIDED BY GOOD IS AT YOUR OWN RISK. GOOD MAKES NO REPRESENTATIONS ABOUT THE COMPLETENESS, ACCURACY OR TIMELINESS OF THE INFORMATION ON THIS SITE. THE CONTENT AND INFORMATION ON THIS WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR PRODUCTS, INFORMATION OR SERVICES PROVIDED BY OR IN CONNECTION WITH THIS WEBSITE AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATION OF PRIVACY OR NON-INFRINGEMENT, OR THE CONTENT OF ANY SITE LINKED TO THIS SERVICE. GOOD DOES NOT WARRANT, APPROVE, ENDORSE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE, OR CONTAINED IN ANY ADVERTISEMENT, AND GOOD SHALL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. GOOD DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT SHALL GOOD (OR ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES, AND EMPLOYEES) BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (1) THESE TERMS OF SERVICE, (2) THE USE OF OR INABILITY TO USE THE WEBSITE, SERVICES, OR CONTENT, INCLUDING ANY LOSS OF REVENUE, PROFITS, OR DATA, OR BUSINESS INTERRUPTION, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF GOOD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, (3) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSCRIPTS MADE FROM OR THROUGH THE SERVICES OR THE SITE, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (5) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (6) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICES. IN NO EVENT SHALL GOOD’S AGGREGATE LIABILITY (OR THE AGGREGATE LIABILITY OF ITS OFFICERS, DIRECTORS, AFFILIATES, AGENTS, SUBSIDIARIES, RELATED ENTITIES, JOINT VENTURES AND EMPLOYEES) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF SERVICE, THE SITE OR THE SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE) EXCEED $100. ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you have a dispute with one or more users of the Site or Services, you release GOOD (and its officers, directors, affiliates, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
12. Infringement Claims
The GOOD respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), GOOD will respond to notices of claimed copyright infringement in accordance with applicable law, and will be properly notified to its designated copyright agent as set forth below. GOOD will disable and/or terminate access to the Website for users who are repeat infringers. If you believe that your content has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide GOOD’s copyright administrator with the following information
DMCA Notice of Claimed Infringement (“Notice”)
– Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
– Identify the material or link that you claim is infringing and provide a description of where the infringing work is located on the website.
– Include your mailing address, telephone number, and, if available, your email address.
– Include the following two statements in the body of the notice:
– “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).”
– “I hereby declare that the information contained in this notice is accurate and, under penalty of perjury, that I am the owner, or am authorized to act on behalf of the owner, of the copyright or an exclusive right under the copyright that is allegedly infringed.
– Include your full legal name and electronic or physical signature.
– Deliver this Notice, with all completed items, to BONNE’s designated copyright agent:
GOOD Worldwide Inc.
1370 North St Andrews Pl.
Los Angeles, CA 90028
While GOOD takes all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent the infringing content or activity. Therefore, if you are unsure whether the content infringes your copyright (including whether the use of copyrighted material may constitute fair use), you may wish to seek legal advice.
If any provision of these Terms is held in whole or in part to be invalid, void or unenforceable in any jurisdiction for any reason, the remainder of that provision and the Agreement as a whole shall be severable and shall continue in full force and effect.
15. Dispute Resolution
Except as provided herein, no civil action with respect to any dispute, claim or controversy arising out of or relating to these Terms of Service, including any claim regarding the validity or enforceability of these Terms or this dispute resolution provision, may be brought until the matter has been submitted to JAMS for mediation. The parties agree that such mediation shall take place in Los Angeles County, California, USA. Either party may commence mediation by providing JAMS and the other party with a written request for mediation, setting forth the subject matter of the dispute and the relief sought. The parties will cooperate with JAMS and each other in selecting a single mediator from the JAMS panel of neutrals, and in scheduling the mediation process. The parties agree that they will participate in the mediation in good faith and share the costs equally. All offers, promises, conduct, and statements, oral or written, made by either party, their agents, employees, experts, and attorneys, and by the mediator and any JAMS employee, during the course of the mediation, shall be confidential, privileged, and inadmissible for all purposes, including impeachment, in any litigation or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-disclosable by reason of its use in the mediation. Either party may seek equitable relief (such as an injunction to prevent copyright infringement) prior to mediation to preserve the status quo pending completion of that process. Except for such an action seeking equitable relief, neither party may bring a civil action regarding the matters submitted to mediation until the earlier of the end of the initial mediation session or 45 days after the date the written request for mediation is filed. The mediation may continue after the filing of a civil action if the parties so desire. The provisions of this section may be enforced by any court of competent jurisdiction, and the party seeking enforcement shall be entitled to an award of all costs, fees, and expenses, including attorney’s fees, to be paid by the party against whom enforcement is ordered.