Terms of Use

The website www.mondaycampaigns.org is owned and operated by GRACE Communications Foundation, Inc., 215 Lexington Avenue, Suite 1001, New York, NY 10016.

Acceptance of the Terms of Use

It is our mission to encourage public discussion about the benefits of practicing healthy behaviors on Monday. However, to preserve the integrity of the content we provide and to protect how it is distributed, your use of materials contained on our Website is subject to these Terms of Use.

These Terms of Use are entered into by and between You and GRACE Communications Foundation, Inc. (“the Organization”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of the above-referenced websites (referred to individually and collectively as “our Website”), including any content, functionality, and services offered on or through our Website.

Please read the Terms of Use carefully before you start to use our Website. By using our Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy and copyright policy, incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy or copyright policy, you should not access or use our Website.

We are based in the State of New York in the United States. Our Website is designed and offered for use by persons located in the United States or any of its territories or possessions and we make no claims that our Website or any of its content is accessible or appropriate outside of the United States. If you access our Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. 

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of our Website following the posting of revised Terms of Use means that you accept and agree to the changes so you should check back frequently.

Accessing our Website and Account Security

We reserve the right to withdraw or amend our Website, and any service or material we provide on our Website, in our sole discretion without notice.

To access our Website or some of the resources it offers, you may be asked to provide certain information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current, and complete. You agree that all information you provide, including but not limited to through the use of interactive features on our Website, if any, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our privacy policy.

Intellectual Property Rights

Our Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Organization, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. Any unauthorized use of the materials appearing on our Website may violate copyright, trademark, and other applicable laws and could result in criminal or civil penalties. 

Trademarks

Certain names, logos, designs, titles, words, slogans or phrases within this Website may be trademarks, service marks, or trade names owned by the Organization or other entities. Certain other trademarks and logos, slogans, names and marks appearing on this Website are either unregistered (common law), pending, or registered trademarks of the Organization. Page headers, custom graphics, buttons, images and other content on this Website are subject to trade dress, copyright, or other proprietary or intellectual property rights. The use or misuse of these trademarks or any content on this Website except as provided in the terms and conditions set forth below is strictly prohibited. Except for the limited right to view, copy, print and distribute documents on this Website accorded below, the use of any trademark, service mark, trade name or logo design is prohibited without specific written prior permission from us. All other trademarks not owned by us that appear on our Website are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by us.

Copyright Notice

© 2020 GRACE Communications Foundation, Inc., 215 Lexington Ave, Suite 1001, New York, NY 10016. Any rights not expressly granted herein or elsewhere on our Website are reserved. All content included on our Website, including text, graphics, logos, images, icons, audio, video and software is the property of the Organization and is protected by U.S. and international copyright laws. All software used on our Website is the property of our Website or its software suppliers and is protected by U.S. and international copyright laws and may not be reproduced, modified, distributed, transmitted or republished.

Copyright Infringement

We respect the intellectual property rights of others and expect our users to do the same. If you believe that any User Contributions, Submitted Materials, or other materials on our Website violate your copyright, you may send a notice of copyright infringement. In accordance with the Digital Millennium Copyright Act of 1998 (DMCA), we will respond expeditiously to claims of copyright infringement appearing on our websites (the “Sites”). A notice of copyright infringement should be submitted only by the copyright owner or an agent authorized to act on the copyright owner’s behalf.

If you request removal of content by submitting an infringement notification, please remember that you are initiating a legal process. Do not make false claims. Any misuse of this process may result in legal consequences. Be sure to consider whether any exception to copyright (e.g., fair use) applies before you submit a claim.

To report alleged copyright infringement taking place on or through our Sites, the following notice of copyright infringement must be completed and delivered to our Designated Copyright Agent. Upon receipt of the Notice, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from our Sites.

Your Notice must contain the following information:

DMCA Notice of Alleged Infringement

1. Identify the copyrighted work that you claim has been infringed. If numerous copyrighted works are covered by this Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing and to which access is to be disabled, including, if applicable, the URL of the link shown on the Site(s) or the exact location where such material may be found.
3. A description of the nature and location of the material that you claim infringes your copyright, in sufficient detail to permit us to find and identify the material. For example, please provide a link to a specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post (image, link, text, etc.) to which your complaint refers;
4. Provide your full legal name, your company affiliation (if applicable), mailing address, telephone number, and email address.

Lastly, include both of the following statements and provide your electronic or physical signature.

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., as a fair use).

I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of, the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.

Deliver the DMCA Notice of Alleged Infringement via mail or email to our Designated Copyright Agent:

Tracee A. Danner, Esq.
Law Office of Tracee A. Danner, LLC
1997 Annapolis Exchange Parkway, Suite 300
Annapolis, MD 21401
Email: [email protected]

For your reference, the Digital Millennium Copyright Act of 1998 may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.

Terms and Conditions for Content Use

Except as may be otherwise indicated within our Website, you are authorized to view, copy, print and distribute materials and content within our Website, subject to the following terms and conditions:

• You may use our Website for noncommercial or personal purposes only. No content of our Website, including text, images, audio and video, may be copied, distributed, modified, reused, reposted or transmitted for any commercial or public purpose without specific written prior permission from us.
• You must comply with and adhere to all copyright, trademark and other proprietary notices contained on the materials of our Website. Any copies that you make of material or other content must contain the same copyright and other proprietary notices that appear with the original material or content. You herewith agree to retain all copyright and other proprietary notices on every copy you make.
• You may not modify any of our materials in any way without specific written prior permission from us.
• You may not reverse-engineer, deconstruct, disassemble or decompile any software or technology underlying our Website or provided through our Website.
• You agree that we have not conferred expressly or by implication, estoppel or otherwise, any license or right under any patent, trademark or copyright (except as expressly provided above) of us or of any third party.
• You will not use our Website for any purpose that is unlawful or prohibited by this policy.

You must not:

• Modify copies of any materials from our Website.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Website.

You must not access or use for any commercial purposes any part of our Website or any services or materials available through our Website.

If you wish to make any use of material on our Website other than that set out in this section, please contact us, using our online Content Request Form when available.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Website in breach of the Terms of Use, your right to use our Website will stop immediately and we may require you to return or destroy any copies of the materials you have made. No right, title, or interest in or to our Website or any content on our Website is transferred to you, and all rights not expressly granted are reserved by the Organization. Any use of our Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use our Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).

Additionally, you agree not to:

• Use our Website in any manner that could disable, overburden, damage, or impair our Website or interfere with any other party’s use of our Website, including their ability to engage in real time activities through our Website.
• Use any robot, spider, or other automatic device, process, or means to access our Website for any purpose, including monitoring or copying any of the material on our Website.
• Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of our Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Website, the server on which our Website is stored, or any server, computer, or database connected to our Website.
• Otherwise attempt to interfere with the proper working of our Website.

User Contributions and Submitted Materials

Our Website may contain interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through our Website. We do not wish to receive any confidential, secret, or proprietary information from you through the Website, by e-mail, or in any other way. User Contributions will be considered nonconfidential and nonproprietary and in providing them you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose without payment and without further consent or notice to you, including for promotional purpose.

You represent and warrant that:

• You have all necessary right, power, and authority to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
• The User Contributions are not confidential or secret, and no confidential or fiduciary relationship is intended or created between you and us.
• The User Contributions do not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any other third party, and that any “moral rights” in such contributions have been waived.
• If you submit a photograph or other image to us, you have obtained the necessary permissions, if any, for us to use the photograph or image and that the photograph or image has not been manipulated or altered in any manner so as to distort or misrepresent any individual or thing depicted in it.
• All of your User Contributions do and will comply with these Terms of Use.

Without limiting the foregoing, User Contributions and Submitted Materials must not:

• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Organization, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. You retain the copyright and other ownership rights in any such material.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of our Website.

Our use of User Contributions is at our sole discretion. We are under no obligation to publish or use them and may remove them for any or no reason. We cannot be responsible for maintaining any such materials and we may delete or destroy them at any time, in our sole discretion.

We have the right to:

• Take any action with respect to any User Contribution or Submitted Material that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution or Submitted Material violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Website or the public, or could create liability for the Organization.
• Disclose your identity or other information about you to any third party who claims that material contributed or submitted by you violates their rights, including their intellectual property rights or their right to privacy. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Website.
• Terminate or suspend your access to all or part of our Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through our Website. YOU WAIVE AND HOLD HARMLESS THE ORGANIZATION AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we do not undertake to review all material before it is posted on our Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Reliance on Information Posted

Our website is designed for educational purposes only and the information presented on or through our Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed of any of its contents.

Our Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Organization, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Organization. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to our Website

We may update the content on our Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to our Website

All information we collect on our Website is subject to our Privacy Policy. By using our Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Linking to our Website and Social Media Features

You may link to our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our prior express written consent.

Our Website may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on our Website.
• Send emails or other communications with certain content, or links to certain content, on our Website.
• Cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause our Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

Links from our Website

Links to other sites and resources provided by third parties are provided for convenience only. We have no control over the contents of those sites or resources, and are not responsible for them or for any loss or damage that may arise from your use of them. Accessing third-party websites linked to our Website is done at your own risk and is subject to the terms and conditions of use for such websites. 

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE ORGANIZATION NOR ANY PERSON ASSOCIATED WITH THE ORGANIZATION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE ORGANIZATION NOR ANYONE ASSOCIATED WITH THE ORGANIZATION REPRESENTS OR WARRANTS THAT OUR WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE ORGANIZATION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE ORGANIZATION, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Organization, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of our Website, including, but not limited to, your User Contributions, Submitted Materials, any use of our Website’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from our Website.

Governing Law and Jurisdiction

All matters relating to our Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York and County of New York although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At the Organization’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or our Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law. 

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITE MUST BE COMMENCED WITHIN ONE (1 ) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Organization of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Organization to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use, our Privacy Policy, and our copyright policy constitute the sole and entire agreement between you and our organization regarding our Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Website.

Your Comments and Concerns

All notices of copyright infringement claims should be sent to the copyright agent designated above and in the manner and by the means set out therein.

All other feedback, comments, and other communications relating to our Website should be directed to: [email protected]