Power of Two Website Terms of Use

Last Modified: December 21, 2015

1.              General Information

These Terms of Use (“Terms”) apply to Power of Two’s website (the “Site”) located at www.powerof2.nyc (including subdomains thereof), which is operated by Power of Two.  Throughout the Site, the terms “we,” “us” and “our” refer to Power of Two.

By using the Site or making a donation to us, you agree to the Terms and the Privacy Policy (the Privacy Policy together with the Terms, this “Agreement”).  If you do not agree to this Agreement, please do not use the Site or make a donation to us.

We may revise the Agreement from time to time.  You will be able to see the changes when the new Agreement is posted on the Site.  Once the changes are posted, your continued use of the Site will constitute your acceptance of the Agreement as amended.

If you have questions about the Agreement, please email us at privacypolicy@powerof2.nyc.

2.              Intellectual Property Rights

The Site, its features and its contents provided by us, or by others on our behalf, and all of the images and content on the Site, unless otherwise noted, are owned by us, our affiliates or our partners, as may be applicable, and are protected by copyright, trademark, trade secret and other intellectual property or proprietary rights laws.  We or our affiliates or partners also own all rights in the names, trade names, logos and designs appearing on the Site (collectively, “Trademarks”).  You may not use any of our intellectual property, other than as expressly authorized in the following paragraph.

Except as otherwise expressly authorized in the Agreement or on the Site, you are authorized to use the Site and to view, download, and print out the Site’s contents for your personal use, but you may not sell or redistribute for commercial purposes any of such contents.  If you download, print out or copy the Site’s contents, you must maintain all copyright and other proprietary notices.  Except as stated above, you may not copy, modify, reproduce, transmit, display, store, distribute, abridge or otherwise use the Site or its contents in any other way without our prior permission.

3.              Interactivity

You may use the Site only for lawful purposes, in a lawful manner.  You agree to comply with all applicable laws, statutes and regulations in using the Site. 

The Site contains interactive features that may allow you to post, submit, publish, display or transmit User Contributions (as such term is defined in the Privacy Policy).  When you interact with the Site, you agree to be bound by this Agreement.

In order to post User Contributions or to view or use certain content on the Site, you may be required to submit certain information (such as your name and contact information) or to register a user profile.  You agree to notify Power of Two immediately of any unauthorized use of your username and password, or any other security breaches. 

You are solely responsible for, and assume all liability associated with, any use of or action taken under your username and password, including User Contributions and other interactions with the Site.  You represent and warrant that you own or have all the necessary licenses, rights, consents, and permissions to post any User Contributions to the Site and to grant us the license as described in the last paragraph of this section.  If you post, use or display the User Contributions of others, you do so at your own risk.  You may not create a user profile for anyone other than yourself.

You may not transmit or otherwise make available through the Site (i) any material that violates or infringes in any way the rights of others; that is libelous, slanderous, defamatory, obscene, abusive, profane, vulgar, sexually explicit, racist, discriminatory, threatening, harassing, hateful or otherwise objectionable; or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law; (ii) any material that invades or infringes any person’s rights of privacy or publicity; (iii) any material that violates copyrights or any other intellectual property rights; or (iv) any material that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any data or information on the Site. 

We do not and cannot review all material (including User Contributions) before it is posted to the Site.  We may, in our sole discretion, remove from or decline to display on the Site any material (including User Contributions) for any or no reason.  We may also disable your account for violating this Agreement.

Under no circumstances may you use the Site to harvest, collect or share information about others, including email addresses, without their consent.

We do not claim ownership of your User Contributions.  By posting, submitting, displaying or uploading User Contributions, you grant to Power of Two and other users of the Site a worldwide, royalty-free, perpetual, irrevocable, and nonexclusive right (and you waive any moral rights) and license (including the right to sublicense) for Power of Two, and other users of the Site to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Contributions anywhere, in any form, media, or technology, whether now known or later developed.  You will be entitled to no compensation for any use by us or other users of the Site of your User Contributions.  Power of Two is free to use any ideas or concepts contained in your User Contributions for any purpose. 

4.              DMCA Notice

We will respond to notices alleging copyright infringement committed on or through the Site that are compliant with the Digital Millennium Copyright Act (“DMCA”).  If you believe in good faith that your copyrighted work has been reproduced or displayed on the Site without authorization in a way that constitutes copyright infringement, please notify us at privacypolicy@powerof2.nyc.  If you believe that your User Contribution was removed (or to which access was disabled) pursuant to a DMCA notice but that such User Contribution is not infringing, you may send a counter-notice to the Copyright Agent.  Your notice or counter-notice must comply with the detailed requirements set forth in the DMCA.  We encourage you to review them (see 17 U.S.C. §§ 512(c)(3) and 512(g)(3)). Further, if a user of the Site is deemed to be a repeat infringer, we will, under appropriate circumstances and at our discretion, terminate such user’s ability to post User Contributions to the Site.

Links To and From the Site

Under no circumstances may you establish a link in such a way that suggests any form of association, approval or endorsement on our part where none exists.

5.              Changes to the Site.

We reserve the right to change or eliminate the Site, and any material we provide on the Site, in our sole discretion and without notice.  We also may combine or consolidate the Site, or portions thereof, with new versions of the Power of Two website.

6.              Disclaimers

WE PROVIDE THE SITE AND ANY INFORMATION AVAILABLE THROUGH THE SITE, ON AN “AS IS” BASIS.  WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE; IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING.  WITHOUT LIMITING THE FOREGOING, WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES) DO NOT REPRESENT OR WARRANT THAT ( I ) THE SITE WILL MEET YOUR REQUIREMENTS OR WILL BE ERROR-FREE; ( II ) THE SITE WILL BE ALWAYS AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY OR SECURE; ( III ) WE WILL CORRECT ANY DEFECTS, OR THAT THE SITE WILL BE FREE FROM VIRUSES, “WORMS,” “TROJAN HORSES,” OR OTHER HARMFUL CODES; ( IV ) THE CONTENT OR ANY INFORMATION OTHERWISE ACCESSIBLE THROUGH THE SITE IS ACCURATE OR RELIABLE; AND ( V ) THE CONTENT, INFORMATION OR ANY INFORMATION OTHERWISE ACCESSIBLE THROUGH THE SITE DOES NOT INFRINGE ANY THIRD-PARTY RIGHTS.  WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE SITE OR THE USE OF THE INFORMATION ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY, AND ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES BASED ON ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED), AND YOU WAIVE AND RELEASE US THEREFROM.  YOU ACKNOWLEDGE THAT YOUR RELIANCE ON ANY CONTENT OR ANY INFORMATION OTHERWISE ACCESSIBLE THROUGH THE SITE IS AT YOUR OWN RISK.

Any User Contributions or other content provided by users or other persons are solely the opinions and responsibility of the person or entity submitting them and do not necessarily reflect our views.

7.              Limitation of Liability

WE (INCLUDING OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES) WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, OR INABILITY TO USE THE SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR SYSTEM FAILURE.  

8.              Indemnification

You agree to indemnify and hold us, our affiliates and partners (including each such party’s officers, directors, employees, agents and other representatives) harmless from all liabilities, claims, and expenses (including reasonable attorneys’ fees and expenses) resulting from (i) your breach of the Agreement or (ii) your use of the Site and its contents.

9.              Choice of Law and Forum

This Agreement will be governed by the laws of the State of New York, excluding its conflict of law rules. You consent and agree to submit to the exclusive jurisdiction and venue of the federal and state courts located in the County of Kings, NY, for all disputes arising out of or relating to this Agreement or the use of the Site.

10.           Miscellaneous

If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, all other provisions will remain in full force and effect. Our failure to enforce the performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of this Agreement or your use of the Site. No waiver of any provision of the Agreement will be effective unless in writing.