THE GUERRILLA GIRLS TERMS AND CONDITIONS OF USE

TERMS OF USE
Guerrilla Girls, Inc. (the “Guerrilla Girls”) maintains this site (the “Site”) for your personal entertainment, information, education, and communication. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you also retain all copyright and other proprietary notices contained on the materials and you do not alter or modify the materials in any way. There are also certain posters provided on the Site that we have encouraged you to download, photocopy onto adhesive label sheets and stick up in your city. We encourage you to stick these labels up, so long as you do not modify or alter the posters in any way and that you retain all copyright and other proprietary notices contained on those posters. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site, including the text, images, software, information, typefaces, graphics, audio and video, for public or commercial purposes, without the Guerrilla Girls’ written permission. Your access to and use of the Site is also subject to the following terms and conditions (“Terms and Condition”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and the Guerrilla Girls are superseded and are of no force or effect.

TERMS AND CONDITIONS
1. Rights in the Site. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used, except as provided in these Terms and Conditions or in the text on the Site, without the written permission of the Guerrilla Girls. The Guerrilla Girls retain all rights, including copyright, in the materials displayed on the Site. The Guerrilla Girls neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties.

2. No Warranties. While the Guerrilla Girls use reasonable efforts to include accurate and up to date information on the Site, the Guerrilla Girls make no warranties or representations as to its accuracy. The Guerrilla Girls assume no liability or responsibility for any errors or omissions in the content of the Site.

3. Own Risk. Your use of and browsing on the Site are at your own risk. Neither the Guerrilla Girls nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT RESULTING FROM THE USE OR INABILITY TO USE THIS SITE OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED THROUGH THE SITE. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions of limitations regarding the exclusion of implied warranties. The Guerrilla Girls also assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

IF YOU ARE DISSATISFIED WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE.

4. Submissions. If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights, including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way the Guerrilla Girls uses such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by the Guerrilla Girls anywhere in the world, in any medium, forever. Furthermore, the Guerrilla Girls are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand and agree that the Guerrilla Girls are not obligated to use any such ideas or materials and you have no rights to compel such use.

5. Trademarks. “Guerrilla Girls” is a trademark and service mark of the Guerrilla Girls. It may not be used or displayed without the prior written consent of the Guerrilla Girls. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks displayed on the Site without the prior written permission of the Guerrilla Girls.

6. Links to Third Party Sites. This Site may contain links to other Internet sites on the World Wide Web. The Guerrilla Girls provide such links for your convenience only, and they are not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that the Guerrilla Girls approve of, endorse or recommend that site. The Guerrilla Girls disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against the Guerrilla Girls with respect to such other sites, including any claim you may have relating to any product or service purchased by you on a third party site.

7. No Obligation to Review. Although the Guerrilla Girls may from time to time monitor or review discussions, chats, postings, transmissions, bulletins boards and the like on the Site, the Guerrilla Girls are under no obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. The Guerrilla Girls will fully cooperate with any law enforcement authorities or court order requesting or directing the Guerrilla Girls to disclose the identity of anyone posting any such information or materials.

8. Indemnification. You agree to indemnify and hold the Guerrilla Girls, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any materials you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the terms of service, or your violation of any rights of another.

9. Miscellaneous. These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. Our services are available only to individuals over the age of thirteen. If you do not qualify, please do not use our services. The Guerrilla Girls make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. You and the Guerrilla Girls are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

10. Termination. The Guerrilla Girls may terminate your access, or suspend any user’s access to all or part of the Site, without notice or recourse, for any conduct that the Guerrilla Girls, in their sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or the Guerrilla Girls.

11. General Information. These Terms of Use and the Guerrilla Girls Privacy Policy constitute the entire agreement and understanding between you and the Guerrilla Girls, superseding any prior agreements and understandings, and govern your use of the Site. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use, or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.

12. Copyright Complaints. We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:
(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim has been infringed;
(3) identification of the URL or other specific location on the Site where the material that you claim is infringing is located;
(4) your address, telephone number, and email address;
(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our agent for notice of claims of copyright infringement on the Site can be reached as follows:
Copyright Administrator
Guerrilla Girls
Box 1256 Knickerbocker Station
NY, NY 10002 USA
gg@guerrillagirls.com

Any rights not expressly granted herein are reserved.

Any inquiries concerning these terms and conditions of use should be directed to the Guerrilla Girls:
Guerrilla Girls
Box 1256 Knickerbocker Station
NY, NY 10002 USA
gg@guerrillagirls.com