Terms of Use

By using this site, you accept the following agreement (the “Agreement”). If you do not accept this Agreement, do not use this site. This Agreement may be updated from time to time at the sole discretion of Gilda’s Club Worldwide (“GCWW”).

Registering on this site to become a member of The Living Room does not constitute membership in a physical Gilda’s Club clubhouse, nor does it entitle you to any of the privileges of becoming a member of a Gilda’s Club clubhouse. To become a member of a Gilda’s Club clubhouse, use the Gilda’s Club locator found in the left-hand column on every page of the site and contact the club in your area for further information.

This site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the site by anyone under 13 is unauthorized, unlicensed and in violation of this Agreement. By using the site, you represent and warrant that you are 13 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

This site is offered for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through the site will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.

In addition, you agree not to use the site to:

• harvest or collect email addresses or other contact information of other users from the site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
• use the site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the site;
• use automated scripts to collect information from or otherwise interact with the site;
• upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
• register for more than one account, register for an account on behalf of an individual other than yourself, or register for an account on behalf of any group or entity, unless approved in writing by GCWW;
• impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
• upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
• upload, post, transmit, share, store or otherwise make publicly available on the site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
• solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
• upload, post, transmit, share 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;
• intimidate or harass another;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• use or attempt to use another's account, service or system without authorization from GCWW, or create a false identity on the site.
• upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of GCWW, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose GCWW or its users to any harm or liability of any type.

You understand and agree that GCWW may, but is not obligated to, review the site and may delete or remove (without notice) any user posts in its sole discretion, for any reason or no reason, including posts that in the sole judgment of GCWW violate this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others.

When you post to the site, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the post on the site. By posting to the site, you automatically grant, and you represent and warrant that you have the right to grant, to GCWW an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such post for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such post, and to grant and authorize sublicenses of the foregoing.

Restrictions on Use
All content included on this site, such as text, graphics, logos, button icons, images, photographs, audio clips, video clips, digital downloads, data compilations, and software, is the property of GCWW or its content suppliers and is protected by United States and international copyright laws.

Except as otherwise indicated on this site, any person using this site is authorized to copy, print, or distribute any of its contents only as follows:

1.      Users may print out individual pages but cannot copy or download a large portion of the site (e.g., no bots, webcrawlers, spiders, etc. that “harvest” the site).

2.      Users may download, print, distribute and use pages from the site only for informational, non-commercial purposes.

3.      Any copies of such documents or pages must not alter the original site content and must include GCWW copyright notice: © 2008 Gilda’s Club Worldwide. All Rights Reserved.

4.      GCWW reserves the right to terminate the above authorization at any time in its sole discretion.

5.      No one may frame this site or any portion thereof. Linking to this site is permitted, provided that the link does not falsely imply or suggest that GCWW has endorsed or is affiliated with the linked site.

Copyright Notice
GCWW respects the intellectual property rights of others and reserves the right, at its sole discretion, to block and/or terminate access to this site from those that infringe on the rights of others. Pursuant to Section 512(c)(2) of the U.S. Copyright Act, as enacted through the Digital Millennium Copyright Act of 1998, GCWW has designated an agent to receive notifications of claimed infringement.

Copyright Policy
Our designated contact is:
 
administrator@thelivingroom.org

1.      Give enough information to enable GCWW to contact you regarding your complaint, including your name, address, telephone number and e-mail address, if available.

2.      Identify the material(s) and/or work(s) that you claim are being infringed upon on this site and the material(s) that are causing such infringement, and give enough information (such as a web page address) to locate such material(s) or work(s) within the site.

3.      State that you have a good-faith belief that use of the material(s) or work(s) in (2) above is not authorized by the copyright owner, its agent or the law.

4.      State that the information in this notification is accurate and, under penalty of perjury, that you either own the copyright (or an exclusive right under the copyright) in the material(s) or work(s) that you claim in (2) above are being infringed, or are authorized by such owner to act on its behalf.

5.      Provide your physical or electronic signature.

Trademarks
GCWW, The Living Room, and other marks displayed on this site are trademarks of GCWW. All other trademarks displayed on this site not owned by GCWW are the property of their respective owners, who may or may not be affiliated with GCWW.

Limitations of Liability
You agree to hold harmless GCWW, its officers, directors, employees and volunteers from and against any and all claims arising out of or related to your use of, or inability to use, this site. GCWW and its affiliates will not be liable for any damages or injury, including but not limited to special or consequential damages, that result from the use of (or the inability to use) this site and its contents, or a site linked to this site, including any damages or injury caused by any failure of performance, error, omission, interruption, defect, delay in operation, computer virus, line failure, or other computer malfunction.

Linked Sites
This site may link to or be linked from other sites that are not maintained by GCWW. GCWW does not endorse, and is not responsible for the content of any of those sites.

Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to GCWW through this site (“submissions”) will forever be the property and intellectual property of GCWW. You are not allowed to transmit through this site any illegal, defamatory, threatening, obscene, scandalous, instigating, pornographic, profane materials or any other kind of material that can be labeled as an offense against persons or organizations involving civil or criminal liability. Unless GCWW expressly states to the contrary, GCWW will not be required to treat any submission as confidential. Further, GCWW will be entitled to use any submission for any purpose whatsoever, commercial or otherwise, without compensation to you or anyone else. This site may contain other terms governing submissions, which shall also apply, and which shall govern in the event of a conflict between such terms and these terms.

Disclaimer
The material in this site may include technical inaccuracies or typographical errors. Gilda’s Club Worldwide may make changes at any time.

THIS SITE IS PROVIDED BY GILDA’S CLUB WORLDWIDE ON AN “AS IS” AND “AS AVAILABLE” BASIS. GILDA’S CLUB WORLDWIDE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. GCWW DOES NOT WARRANT THAT THE INFORMATION IN THIS SITE IS ACCURATE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

International Use
GCWW makes no representation that materials on this site are appropriate or available for use in locations outside the United States. Access to this site from countries or territories where such access is illegal is prohibited. Those who choose to access this site outside the United States do so on their own initiative and are responsible for compliance with local laws.

Governing Law
You agree that your use of this site, this Agreement and any disputes relating thereto shall be governed in all respects by the laws of the State of New York. Any dispute relating to this Agreement shall be submitted to and resolved solely by arbitration before a single arbitrator of the American Arbitration Association in New York, New York.