To file a copyright infringement notification with GodlessLiberals, Inc, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements).
The following notice applies to www.GodlessLiberals.com and anything owned or controlled by GodlessLiberals, Inc, including but not limited to: additional websites, subdomains, our forum, “Make A Meme”, our social features, and any other media form or media channel operated by GodlessLiberals, Inc.
To file a copyright infringement notification with GodlessLiberals, Inc, you will need to send a written communication that includes substantially the following (please consult your legal counsel or see Section 512(c)(3) of the Copyright Act to confirm these requirements):
1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2) 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.
3) 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 the service provider to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly.
4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
5) A statement that the complaining party has 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.
6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Such written notice should be sent to our designated agent as follows:
1107 Fair Oaks Ave, Suite #244
S. Pasadena, CA 91030
You may also send it to us via email at .
Please also note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
If you believe that the material that was removed or to which access was disabled was not infringing, you may submit a counter-notification. You may do so by sending us a written communication that includes substantially the following:
1. Identification of the specific URLs of material that has been removed or to which we have disabled access.
2. Your full name, address, telephone number, and email address.
3. The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which GodlessLiberals, Inc. is located, and will accept service of process from the claimant.” (GodlessLiberals, Inc. is located in South Pasadena, California)
4. The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. A physical signature or electronic signature.
The counter-notice may be sent by regular mail to:
1107 FairOaks Ave, Suite #244
S. Pasadena, CA 91030
You may also send it to us via email at .
The information provided in your counter-notification will be forwarded to the person who submitted the original claim of copyright infringement. After we forward your counter-notification, the claimant must then notify us within 10 business days that the claimant has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our website. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we will typically reinstate the material.
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
Please be advised that we may terminate the accounts of repeat copyright infringers.
Last Updated: May, 26 2014
1. Your Acceptance
2. The Website
3. General Use of the Website — Permissions and Restrictions
GodlessLiberals hereby grants you a revocable, non-transferable, and non-exclusive permission to access and use the Website as set forth in these Terms of Service, provided that:
The Website contains graphics, text, photographs, images, video, audio, software, code, website compilation, website "look and feel," and advertisements either created by GodlessLiberals or supplied by us or our licensors, which we call “GodlessLiberals Content.” GodlessLibeals Content is protected by intellectual property laws including copyright and other proprietary rights of the United States and foreign countries. We grant you the right to access GodlessLiberals Content in the manner described in this agreement. You may not otherwise make unauthorized commercial use of, reproduce, prepare derivative works, distribute copies, perform, or publicly display GodlessLiberals Content content, except as permitted by the doctrine of fair use, or where otherwise noted on the Website the action is permissible or as authorized in writing by us. If you are interested in licensing GodlessLiberals Content, contact us at .
You agree not to alter or modify any part of the Website, including but not limited to GodLessLiberals’ technologies.
You agree not to access User Submissions (defined below) or Content through any technology or means other than any as authorized by this Terms of Service or a written agreement between you and GodLessLiberals.
While we encourage sharing Website Content for personal, non-commercial use, you agree not to use the Website for any commercial use without the prior written authorization of GodLessLiberals. Prohibited commercial uses include, but are not limited to, any of the following actions taken without GodLessLiberals’s express approval:
1. Sale of access to the Website, Content or services via another website or medium (such as a mobile application);
2. Use of the Website, Content or services for the purpose of gaining advertising or subscription revenue;
3. The sale of advertising, on the Website or any third-party website, targeted to the content of specific User Submissions or the Content;
4. Any use of the Website, Content, User Submissions or services that GodLessLiberals finds, in its sole discretion, has the effect of competing with or displacing the market for the Website, Content or User Submissions.
E. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the GodLessLiberals servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, GodLessLiberals grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. GodLessLiberals reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
F. You will otherwise comply with the terms and conditions of these Terms of Service, Community Guidelines, and all applicable local, national, and international laws and regulations.
G. You agree not to impersonate any person or organization.
H. You agree not to harass any other user.
I. GodLessLiberals reserves the right to discontinue any aspect of the Website or services at any time.
J. Without advance notice and at any time, we may, for violations of this agreement or for any other reason we choose: 1) Suspend or terminate your account or 2) Remove any of your User Comments or User Submissions from the Website.
K. We do not condone posting depictions of Muhammad or depictions/descriptions of desecration of the Quran. While YOU may be anonymous, WE are not. In addition to this website, we host a PUBLIC group that gathers via Meetup.com. Please demonstrate that you are truly good without god and respect our safety. If you find a post of this kind and would like to submit a complaint, send your complaint (with a link to the content) to . We will promptly remove the content. Repeated user violation will result in account termination. We didn’t come to this decision lightly. This restriction violates one of our core values, the right to free speech. However, in the end, the safety of our group members comes first.
4. Your Use of Content on the Website
We encourage sharing Website Content for personal use, however, in addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content on the Website:
1. For your information and personal use in accordance with these Terms of Service; and
2. As intended through the normal functionality of the Website.
C. User Comments (as defined below) are made available to you for your information and personal use solely as intended through the normal functionality of the Website. User Comments are made available “as is,” and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded, or otherwise exploited in any manner for commercial use or not intended by the normal functionality of the Website or otherwise as expressly authorized under this Agreement.
D. You may access Content, User Submissions and other content only as permitted under this Agreement. GodLessLiberals reserves all rights not expressly granted in and to the Website and the Content.
E. You agree to not use, copy, alter, modify, reproduce, transmit, broadcast, sell, license, download, or otherwise exploit any of the Content other than for personal use as expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes.
F. You agree not to circumvent, disable or otherwise interfere with security-related features of the Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or the Content therein.
G. You understand that when using the Website, you will be exposed to User Submissions from a variety of sources, and that GodLessLiberals is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against GodLessLiberals with respect thereto, and agree to indemnify and hold GodLessLiberals, its owners, operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Website.
H. RSS FEED AND OTHER FUNCTIONALITY. From time to time GodLessLiberals may allow you to access and display Content via a RSS Feed, linking mechanism, or other means (“Permitted Distribution Mechanisms”). All such usage must comply with this Terms of Service and any applicable Permitted Distribution Mechanisms terms posted by GodLessLiberals. For example, you may not aggregate the Content on your website or application, whether through an RSS Feed or otherwise, and any such aggregation is an express violation of the Terms of Service. Similarly, any commercial exploitation of the Content by you (without the express written or email authorization of GodLessLiberals) is a violation of the Terms of Service. You may only use the Permitted Distribution Mechanisms in connection with a non-commercial application or website unless otherwise permitted by GodLessLiberals in writing. By way of example, your application must be free of charge, and you may not sell or monetize your application or website in any manner, including, but not limited to, charging end users to obtain your application or displaying advertisements via your application or website or banner advertisements on or around the Content. GodLessLiberals may revoke your right to use any Permitted Distribution Mechanism in its sole discretion. GodLessLiberals may limit the nature and amount of Content you access via a Permitted Distribution Mechanism in its sole discretion.
5. Your User Submissions and Conduct
A. You may submit content (e.g., photographs, graphics, videos) and/or user comments (“User Comments”) to GodLessLiberals. User submitted content and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, GodLessLiberals does not guarantee any confidentiality with respect to any User Submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and authorize GodLessLiberals to use all patent, trademark, trade secret, copyright or other intellectual property or proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service.
C. For clarity, you retain ownership of all copyrights you may have in your User Submissions. However, by submitting User Submissions to GodLessLiberals, you hereby grant GodLessLiberals a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, adapt, modify, sell, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions (in whole or in part), for any purpose whatsoever, and to incorporate User Submissions in other works in any form, media, or technology now known or later developed. The foregoing license shall be broadly construed, and shall include, without limitation the right to: (i) promote and redistribute part or all of the User Submissions (and derivative works thereof) in any media formats and through any media channels, (ii) incorporate the User Submissions on tangible or intangible products (e.g., cups, clothing) for resale or otherwise, and (iii) use the User Submissions for promotional purposes, whether to promote the Website, other GodLessLiberals products or services, or third party products or services. By way of clarification and not limitation, you acknowledge that you will not be entitled to any royalties or any other payment as a result of any efforts by GodLessLiberals to exploit any User Submissions. By way of further clarification, GodLessLiberals may freely sublicense the rights that you grant it in this Section to a third party. To the extent necessary for GodLessLiberals to exercise its rights under the foregoing license, you hereby grant GodLessLiberals a perpetual, royalty-free and irrevocable license to exploit any personality, publicity, or privacy rights in and to the User Submissions and in your likeness as contained therein. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service.
D. In connection with User Submissions, you further agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy, personality and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant GodLessLiberals all of the license rights granted herein.
E. You agree that your conduct on the Website will comport with the Community Guidelines which may be updated from time to time.
F. GodLessLiberals does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and GodLessLiberals expressly disclaims any and all liability in connection with User Submissions. GodLessLiberals does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and GodLessLiberals will remove all Content and User Submissions if properly notified in a manner consistent with law and GodLessLiberals’s Copyright Infringement Notification policy that such Content or User Submission infringes on another’s intellectual property rights. GodLessLiberals reserves the right to remove Content and User Submissions without prior notice.
G. If you provide feedback to us regarding the Website, Content, or User Submissions (“Feedback”), you authorize us to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose.
6. Termination Policy
A. You may terminate your use of the Website at any time. GodLessLiberals may suspend or terminate your access to the Website or terminate these Terms of Service, at any time, for any reason. If GodLessLiberals suspects that you have violated any provision of these Terms of Service, GodLessLiberals may also seek any other available legal remedy. Your rights under these Terms of Service will terminate automatically if you breach any part of these Terms of Service. You remain solely liable for all obligations related to use of the Website, even after you have stopped using the Website.
B. GodLessLiberals reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, laws regulating obscene or defamatory material. GodLessLiberals may remove such User Submissions and/or terminate a User’s access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
7. Copyright Infringement
A. If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with Information in writing (see 17 U.S.C 512(c)(3) for further detail). Misrepresentations of infringement can result in liability for monetary damages. You may want to consult an attorney before taking any action pursuant to the DMCA. Please provide the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. 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;
3. 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 the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. 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
6. 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.
GodLessLiberals’ designated Copyright Agent to receive notifications of claimed infringement is:
Attention: Copyright Agent
1107 FairOaks Ave, Suite #244
S. Pasadena, CA 91030
You acknowledge that if you fail to comply with all of the requirements of this Section 8(A) your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Pasadena, California and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, GodLessLiberals may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at GodLessLiberals’ sole discretion.
C. Repeat Infringers. GodLessLiberals will terminate the access privileges of any user whom it deems, in its sole authority, has repeatedly infringed the copyright rights of others.
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE OR THE PRODUCTS AND SERVICES AVAILABLE THEREIN SHALL BE AT YOUR SOLE RISK. THE WEBSITE, CONTENT, USER SUBMISSIONS, AND ANY PRODUCTS OR SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, AND GODLESSLIBERALS, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. GODLESSLIBERALS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES CONTENT OR THE CONTENT OF ANY SITES LINKED TO THESE WEBSITES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE AND THE PRODUCTS AND SERVICES AVAILABLE THEREIN, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. GODLESSLIBERALS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE OR ANY HYPERLINKED WEBSITES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GODLESSLIBERALS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Limitation of Liability
IN NO EVENT SHALL GODLESSLIBERALS, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE, CONTENT, USER SUBMISSIONS OR THE PRODUCTS AND SERVICES AVAILABLE ON THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THE MAXIMUM TOTAL LIABILITY OF GODLESSLIBERALS, ITS MANAGERS, MEMBERS, EMPLOYEES, LICENSORS, SUPPLIERS, OR AGENTS TO YOU FOR ANY CLAIM UNDER THESE TERMS OF SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS $25.00. EACH PROVISION OF THIS AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THIS AGREEMENT. THE LIMITATIONS IN THIS SECTION 9 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
The Website is controlled and offered by GodLessLiberals from facilities in the United States of America. GodLessLiberals makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with their local law.
You agree to defend, indemnify and hold harmless GodLessLiberals, its managers, members, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party rights, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party or to GodLessLiberals. This defense and indemnification obligation will survive these Terms of Service and your termination of use of the Website.
12. Paid Products and Services
Our Website may allow you to purchase products and service from GodLessLiberals or its suppliers. You will be asked to provide billing information (e.g., your credit card information) and to authorize a charge to your credit card for the applicable fees, taxes and shipping, as applicable. Generally, charges associated with your purchase of GodLessLiberals’ products and services will appear on your credit card bill as GodLessLiberals. You represent and warrant that you have the right and authority to charge payment to the account associated with the credit card information you submit. If you have any questions about a purchase you made on our Website and the corresponding credit card charges, please contact us at . All sales are subject to GodLessLiberals’ Terms of Sale which are incorporated herein by reference in their entirety.
13. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess the consent of your legal parent or guardian, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Website.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by GodLessLiberals without restriction.
By using the Website, you consent to receiving electronic communications from GodLessLiberals. These communications will include notices about your account and information concerning or related to the Website and/or GodLessLiberals products and services. You agree that any notice, agreement, disclosure or other communication that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
16. Applicable Law
These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED. SECTION 17 CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT REQUIRES YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND LIMITS YOUR RIGHT TO SEEK RELIEF BY JURY TRIAL OR CLASS ACTION.
17. Agreement to Arbitrate
This section applies to any dispute EXCEPT IT DOESN’T INCLUDE A DISPUTE RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR GODLESSLIBERALS’ INTELLECTUAL PROPERTY RIGHTS. The term “dispute” means any dispute, action, or other controversy between you and GodLessLiberals concerning the Website or this agreement, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law. Notwithstanding the foregoing or anything to the contrary herein, neither you or GodLessLiberals are required to resolve claims in accordance with this Section 17 with respect to disputes arising from a wet signature written agreement between you and GodLessLiberals which was signed by an authorized signatory of each party (for purposes of this exception only, a “click-wrap” or “browse-wrap” agreement shall not be construed as a written agreement).
17.1 Notice of Dispute
In the event of a dispute, you or GodLessLiberals must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to: GodLessLiberals Inc. at 1107 FairOaks Ave, Suite #244 S. Pasadena, CA 91030 or to . GodLessLiberals will send any Notice of Dispute to you by U.S. Mail to your address if we have it, or otherwise to your email address. You and GodLessLiberals will attempt to resolve any dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or GodLessLiberals may commence arbitration.
17.2. Small claims court
You may also litigate any dispute in small claims court in your county of residence or Pasadena, California, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated informally first.
17.3. Binding arbitration
If you and GodLessLiberals don’t resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. The dispute shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration will be conducted in Pasadena, California, and judgment on the arbitration award may be entered into any court of competent jurisdiction. The award of the arbitrator will be final and binding upon the parties without appeal or review except as permitted by California law. Either party may seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect the party’s rights or property pending the completion of arbitration.
17.4. Prohibition of Class and Representative Actions and Non-Individual Actions
You and GodLessLiberals agree that either may bring claims against the other only on an individual basis and not as part of any purported class or representative action or proceeding unless both you and GodLessLiberals agree otherwise. The arbitrator may not consolidate or join more than one person’s or party’s claims and may not preside over any form of a consolidated, representative or class proceeding. Also the arbitrator may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s claim(s). Any relief awarded cannot affect other GodLessLiberals users.
17.5 Future Changes to the Arbitration Agreement
Notwithstanding any provision in the Terms of Service to the contrary, you and we agree that if we make any change to the Agreement to Arbitrate (other than a change of any notice address or website link provided herein) in the future, that change shall not apply to any claim of which you provided GodLessLiberals with written notice prior to the effective date of the change. Moreover, if we seek to terminate the Agreement to Arbitrate as included in the Terms of Service, any such termination shall not be effective until 30 days after the version of the Agreement to Arbitrate is posted to http://godlessliberals.com and shall not be effective as to any claim of which you provided GodLessLiberals with written notice prior to the date of termination.
These Terms of Service, together with any other legal notices published by GodLessLiberals on the Website, shall constitute the entire agreement between you and GodLessLiberals concerning the Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and GodLessLiberals’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. GodLessLiberals reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND GODLESSLIBERALS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
19. Contacting GodLessLiberals
If you have any questions or concerns about these Terms of Service or the Website, please send us a thorough description by email to .
The following privacy notice applies to this website, www.GodlessLiberals.com, and any sites which are operated by GodlessLiberals, Inc. (collectively, the “Websites”). We may change or update this policy from time to time, and we will notify you of any changes by changing the “last updated” notice set forth above. Accordingly, you should frequently visit this web page. Any updated policy shall be effective immediately after it is posted.
Certain services offered through the Websites are subject to third party privacy policies. Facebook’s “Like” button is an example of this (and is subject to Facebook’s privacy policies).
We may share the information we collect from you to third parties in the following circumstances:
1107 Fair Oaks Ave, Suite #244
South Pasadena, CA 91030