These Terms of Use set forth the Agreement between you and AWOVEN (“we” or “us”) regarding your use of our web service and mobile applications. Please read this Agreement, because it contains important information about content you may share, our limitation of liability to you, and your agreement to resolve any disputes by individual arbitration and to waive the right to participate in a class action, and information sharing between Members AWOVEN.
If you cannot agree, don’t use our Service.
1. Using the Service
a. How It Works.
Our service enables people to participate in an online community for free or for a fee. Participants in AWOVEN (“Members”) will invite in people to connect with each other, to message, and to exchange information and content.
b. Who can use AWOVEN.
You must be at least the age of majority in the state or country where you live to create or participate in AWOVEN.
c. Registration.
When you set up a profile with AWOVEN, you must provide us accurate information. We will treat registration information according to our Privacy Policy. You are responsible for maintaining the confidentiality of your password.
d. Privacy.
Our privacy practices are set forth in our Privacy Policy, which is part of this Agreement. By joining AWOVEN, you are sharing personally identifiable information with other Members and us.
e. Play Nice.
We hope you will take care to keep your interaction with others a positive experience for everyone. We reserve the right, but have no obligation or liability for, monitoring any interactions with other Members. You may also submit a complaint or concern about another Member to help@awoven.org. You agree to abide by the following Acceptable Use Policy at all times:
(1) The following are examples of the kind of content and/or use that is illegal or prohibited by AWOVEN. AWOVEN reserves the right to investigate and take appropriate legal action against anyone who, in AWOVEN’s sole discretion, violates this provision, including without limitation removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to the law enforcement authorities.
(2) You agree to not use the Service to:
(a) post, email or otherwise transmit any content, or create any Network or Circles that involve content, or encourage any action, as applicable, that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another‘s privacy, hateful racially, ethnically or otherwise objectionable; (ii) you do not have a right to transmit under any law or under contractual or fiduciary relationships; (iii) poses or creates a privacy or security risk to any person; (iv) is inaccurate or infringes any intellectual property or other proprietary rights or personal rights of any party; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) 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; or (vii) in the sole judgment of AWOVEN, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose AWOVEN or its users to any harm or liability of any type;
(b) further or promote any criminal activity or enterprise or provide instructional information (through your Network, Circles or otherwise) about illegal activities;
(c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, especially in the promotion or sale of specific a Network or Circles;
(d) harvest or collect email addresses or other contact information of other Users from the Service by electronic or other means for the purposes of sending unwelcome or harassing emails or other unwelcome or harassing communications;
(e) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(f) violate any applicable local, state, national or international law, or any regulations having the force of law; or
(g) obtain or attempt to access or otherwise obtain any materials or information through the Service using deceptive or fraudulent means
f. Termination.
You may close your Member account at any time by going to account settings and disabling your account. We may suspend your use of the Service or the Service at any time for any reason, without any notice. We may terminate your account if you violate AWOVEN’s Acceptable Use Policy or for any other reason.
g. Feedback.
We welcome your feedback and suggestions about how to improve AWOVEN. Submit feedback at info@awoven.org. By submitting feedback, you agree to grant us the right to use it for free.
2. Your Content Stays Yours: You keep complete ownership of all content you share in AWOVEN, but give us permission to run AWOVEN, such that your content shows up, but that’s it. Make sure you have permission to use content that you post on AWOVEN.
a. Your Content.
The Service enables you to add posts, articles, photos, videos, questions, polls, links, files, events, groups, and chat with other Members. All material that you upload, publish or display to others in AWOVEN is “Your Content.” Your Content does not include Data (defined below).
b. You (and the people you license Your Content from) keep complete ownership of all Your Content. By posting Your Content on the Service, you grant us a license to show it on AWOVEN, but you and your licensors still own it.
In legalese: In connection with your use of the Service, you hereby grant and will grant AWOVEN and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable (through multiple tiers), perpetual, irrevocable license to copy, display, transmit, perform, distribute, store, modify, and otherwise use Your Content in connection with the operation of the Service in any form, medium or technology now known or later developed, including publication and use on any Integrated Services (as defined below). This license includes the right for us to make Your Content available to other entities and individuals who partner with us in the delivery of the Service. If you join a Circle, Event, or Course that is Private or Secret, rather than Public, only we and Users who are invited to join that Circle, Event, or Course will be able to see Your Content that you post on that Circle, Event, or Course. AWOVEN may preserve Your Content and may also disclose Your Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Use; (c) respond to claims that any Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of AWOVEN, its Users and the public. The technical processing and transmission of Your Content may involve transmissions over various networks and changes to conform to technical requirements of connecting networks or devices.
c. Play Nice.
Do not infringe the intellectual property and personal rights of others with Your Content. You accept responsibility if Your Content violates the intellectual property or personal rights of others. You agree to pay all royalties, fees, and any other monies owed to any person by reason of any of Your Content. We are not obligated, but reserve the right, to remove or suspend, in whole or part, Your Content that violates the AWOVEN Acceptable Use Policy or for any other reason.
3. Copyright and Trademark Policies
The AWOVEN Copyright Policy and AWOVEN Trademark Policy are incorporated by reference into this Agreement. If you believe that your intellectual property is being violated on the Service, you can submit a complaint and request for takedown of specific material at legal@awoven.org.
4. Our Content and Materials
a. Data.
You own Your Content and User Generated Content. AWOVEN collects and stores data about AWOVEN and its Members (“Data”) in order to run the Service more effectively and efficiently. Our Privacy Policy explains how we do this, and your rights to opt out.
b. Our Content and Materials
All right, title, and interest in the Service, including the AWOVEN buttons, badges, logos, widgets, text, images, design, software, documentation, source code, algorithms, graphics, photographs, video and audio files, other files, data, and the selection, arrangement, structure, coordination, and “look and feel” thereof (excluding Your Content, User Generated Content, third-party web services or third-party content linked to or posted within the Service) (collectively “Our Content and Materials”) are the property of AWOVEN and/or its licensors. The AWOVEN name and logo and the AWOVEN mark are trademarks and service marks of AWOVEN. We retain all right, title, and interest in and to the Data and Our Content and Materials. Except as expressly provided in these terms, you agree not to use, modify, reproduce, distribute, sell, license, reverse engineer, decompile, or otherwise exploit Our Content and Materials or Data without our express written permission.
c. Our Licenses to You.
Subject to these terms, including our AWOVEN Acceptable Use Policy, we grant you a limited, non-exclusive license to use and access Our Content and Materials and the Service. We may terminate this license at any time for any reason. Except for the rights and license granted in these terms, we reserve all other rights and grant no other rights or licenses, implied or otherwise.
d. No Endorsement or Screening.
Please note that the Service may contain access to third-party content and other interactions over which we have no control. While we will endeavor to thoughtfully screen and curate all such content, we assume no legal responsibility for the content, offerings, or materials made available to you within AWOVEN, or the conduct of parties who participate in AWOVEN.
5. Rights and Obligations of Hosts
a. Contact Information of Members.
The name and contact information of Members who register to join AWOVEN are retained by AWOVEN in order to facilitate communications. AWOVEN may use the contact information of Members solely to communicate with a Member for purposes related to AWOVEN or the reasonably assumed interests of the Member who has joined AWOVEN. In no event may AWOVEN: i) sell contact information of a Member to a third-party, or ii) or use or disclose it for commercial purposes unrelated to AWOVEN or the interest of Member who joined AWOVEN.
b. Member Data.
AWOVEN retains access to certain Data, which may be aggregated or personalized, in order to facilitate Member engagement and communications. AWOVEN may not sell or share Data accessible from the Service to third parties.
c. Representation and Warranty of AWOVEN.
It is important for AWOVEN to respect and honor the trust of Members who join AWOVEN. If AWOVEN represents and warrants that, in our communications with Members and handling of Data, AWOVEN: i) will comply with all applicable laws and regulations; and ii) will honor the restrictions set forth in Sections 5(a) and 5(b). AWOVEN also represents and warrants that all advertising, sponsorships, and promotions you introduce to AWOVEN will comply with all applicable laws, regulations, and industry guidelines, including but not limited to the FTC December 2015 guidance regarding native advertising. For Members in the European Union, AWOVEN represents and warrants that AWOVEN has obtained user consent prior to sending emails outside of the Service, as EU law requires opt-in consent for emails. AWOVEN provides a means of opting-out of any emails.
d. Data Processing Addenda.
This Agreement includes the EU Data Processing Addendum as well as the CCPA Data Processing Addendum.
6. Integrated Services
Various online services like Facebook may be integrated into AWOVEN or Member accounts. For example, you may be able to share or access AWOVEN activity on Integrated Services such as Facebook. To take advantage of these features, we may ask you to register for or log into the Integrated Services on the websites of their providers. By enabling Integrated Services in connection with the Service, you are allowing us to pass to, and receive from, these Integrated Services your login information and other Data for use in connection with the Service and/or the Integrated Services. For more information about the implications of activating these Integrated Services and our use, storage, and disclosure of information related to you and your use of such services within AWOVEN (including your friend lists and the like), please see our Privacy Policy. However, please remember that your use of any Integrated Services, and the manner in which any Integrated Services offer or perform their services and collect, use, store, and disclose your information is governed solely by the terms of use, privacy policies, and other policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Integrated Services or any other third party site or service, whether or not they are directly enabled within the Service.
7. Premium Services
a. Fees.
If you select a portion of the Service for which a fee applies (“Premium Service”), you agree to pay the applicable fee when you sign up. For a Premium Service, you will be required to select a payment plan and instrument for payment. For Premium Services, additional terms may apply, and you may be asked to agree to additional terms by separate agreement.
b. No Refund at Termination.
If you as a Member terminate your Premium Service, we are under no obligation to refund any payment for your unused Premium Service.
If we terminate your Premium Service for violation of the terms of this Agreement or our policies, we are under no obligation to refund any amount paid for unused Premium Service.
8. Disclaimers and Limitation of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF AWOVEN TO YOU. “AWOVEN” MEANS AWOVEN AND ANY SUBSIDIARIES, AFFILIATES, RELATED COMPANIES, SUPPLIERS, LICENSORS AND PARTNERS, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES OF EACH OF THEM. EACH PROVISION BELOW APPLIES TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW:
a. WE ARE PROVIDING YOU THE SERVICE, ALONG WITH OUR CONTENT AND MATERIALS AND THE OPPORTUNITY TO CONNECT WITH OTHERS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, AWOVEN EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, TITLE, ACCURACY AND COMPLETENESS, UNINTERRUPTED OR ERROR-FREE SERVICE, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE.
b. AWOVEN MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT POSTED BY ANY MEMBER OR THIRD PARTY, (ii) ANY THIRD-PARTY WEBSITE, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE LISTED ON OR ACCESSIBLE TO YOU THROUGH THE SERVICE, INCLUDING AN INTEGRATED SERVICE PROVIDER (iii) THE QUALITY OR CONDUCT OF ANY THIRD PARTY, HOST, OR MEMBER YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE SERVICE. AWOVEN MAKES NO WARRANTY THAT (a) THE SERVICE WILL MEET YOUR REQUIREMENTS, (b) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF AWOVEN AND ITS PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE.
c. YOU AGREE THAT UNDER THE MAXIMUM EXTENT PERMITTED BY LAW, AWOVEN WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY. WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT AWOVEN SPECIFICALLY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES ARE FORESEEABLE) ARISING OUT OF IN ANY WAY CONNECTED WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE.
d. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE.
e. WITHOUT LIMITING THE FOREGOING, AWOVEN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THIS AGREEMENT IS LIMITED TO THE AMOUNT PAID TO AWOVEN IN CONNECTION WITH THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY.
9. Indemnification
You agree to release, indemnify, and defend AWOVEN from all third-party claims and costs (including reasonable attorneys’ fees) arising out of or related to: i) your use of Service, ii) Your Content, iii) your conduct or interactions with other Members of the Service, or iv) your breach of any part of this Agreement. We will promptly notify you of any such claim, and will provide you (at your expense) with reasonable assistance in defending the claim. You will allow us to participate in the defense, and will not settle any such claim without our prior written consent. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that event, you will have no further obligation to defend us in that matter.
You also agreed to release, indemnify, and defend AWOVEN and Members from all third-party claims and costs arising out or related to: i) your use of the Service, ii) Your Content, iii) your conduct or interactions with Hosts or Members, or iv) your breach of any part of this Agreement.
10. Dispute Resolution, Arbitration, and Class Action Waiver
We hope that our customer success team can resolve any issues you may have. However, if that does not work, then both parties agree to resolve any dispute arising out of these terms exclusively by individual, binding arbitration. The term “dispute” is to be given the broadest possible meaning that will be enforced, and will include disputes related to your use of the Service, this Agreement (including the scope of this provision), regardless of whether such disputes are based in contract, tort, statute, fraud, unfair competition, or some other legal theory. Disputes regarding privacy shall be resolved by the mechanisms outlined in our Privacy Policy.
The arbitration process can be a faster, simpler, less formal, and less expensive route than filing a lawsuit and going to court. In arbitration you are still entitled to a fair hearing, but your rights will be determined by a neutral arbitrator (and not a judge or jury). Arbitrator decisions are as enforceable as any court order, and are subject only to very limited review by a court. Each party is giving up the right to sue in court and to have a trial before a judge or jury.
Each party here agrees to try in good faith for 30 days to informally resolve any dispute before starting arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the dispute as well as the relief sought. If you want to send such a notice to us, send it to legal@awoven.org. If we want to send such a notice to you, we will send it to the email address associated with your account. If the parties do not reach an agreement to resolve the dispute within 30 days after the date the notice was sent, then the parties may start arbitration as described below.
The American Arbitration Association (AAA) will administer the arbitration, and the arbitration will be governed by the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes, as modified by these terms. Those rules and information about how to start arbitration are available at www.adr.org or by calling 1-800-778-7879. The arbitrator is bound by these terms. The arbitration will be conducted through the submission of documents, by phone, or in person in the county where you live or at another mutually agreed location.
The arbitrator’s award will be final and specifically enforceable under applicable law, and judgment may be entered upon it in any court with jurisdiction. The arbitration costs, including arbitrator compensation, will be shared between you and us according to the AAA’s Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes.
Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. By agreeing to these terms, you are waiving the right to participate in a class action. Further, unless the parties mutually agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this waiver is found to be illegal or unenforceable, then the parties agree that this entire section will be unenforceable, that any dispute will be resolved exclusively in a state or federal court located in Maui County, Hawai'i, and that the parties both submit to the personal jurisdiction of such courts. If a claim proceeds in court rather than through arbitration, the parties waive any right to a jury trial.
This section does not: (i) prevent either party from litigating any dispute in small claims court; (ii) apply to disputes arising out of or related to infringement or other misuse of our intellectual property rights; or (iii) prevent either party from bringing a dispute to the attention of any federal, state, or local government agencies.
If you do not want to be bound by this binding arbitration provision and class action waiver, you must notify us within 30 days of the date that you first accept or receive these terms by sending a written notification to legal@awoven.org that includes your actual name and AWOVEN user name, address, and a clear statement that you do not wish to resolve disputes with us through arbitration.
11. General Legal Terms
a. Changes to these Terms.
We may amend this Agreement (including any policies, such as the Privacy Policy, AWOVEN Acceptable Use Policy, AWOVEN Copyright Policy, and AWOVEN Trademark Policy that are incorporated into this Agreement) at any time in our sole discretion. If we amend the terms to this Agreement, such amendment will be effective after we send you notice of the amended agreement. Such notice will be in our sole discretion and manner of notification could include, for example, via email, posted notice on the Service, or other manner. You can view the Agreement at any time at here. Your failure to cancel your account, or cease use of AWOVEN, after receiving notification of the amendment, will constitute your acceptance of the amended terms. If you do not agree to the amendments or to any of the terms in this Agreement, your only remedy is to cancel your account or to cease use of AWOVEN.
b. Governing Law and Jurisdiction.
You agree that AWOVEN is operated in the United States and will be deemed to be solely based in Hawai'i and a passive service for purposes of jurisdictional analysis. For any claims for which arbitration is inapplicable, you agree that such claims will be brought in federal or state court in Maui County, Hawai'i and governed by laws of the state of Hawai'i, without regard to any conflict of law provisions.
c. Use Outside of the United States.
AWOVEN expressly disclaims any representation or warranty that the Service complies with all applicable laws and regulations outside of the United States. If you use the Service outside of the United States, you expressly understand and agree that you are responsible for determining compliance with different laws, regulations, or customs that may apply in connection with your use of the Service.
d. Applications and Mobile Devices.
If you access the Service through a mobile application, you acknowledge that this Agreement is between you and AWOVEN only, and not with another application service or application platform provider (such as Apple, Inc. or Google Inc.), which may provide you the application subject to its own terms. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply.
e. Survival.
The following provisions will survive expiration or termination of this Agreement: Sections 1(f)(Termination), 1(g)(Feedback), 2(b)-(c)(Your Content and Your Responsibilities for Your Content), 4(a)(Data) and 4(b)(Our Content and Materials), Section 5(c)(Representation and Warranty of Hosts), any outstanding payment obligations pursuant to Section 7(Premium Services) and Sections 8-11.
f. Notice for California Users.
Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Service is provided by AWOVEN. If you have a question or complaint regarding the Service, please contact AWOVEN at help@awoven.org. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
g. Assignment.
You may not assign or transfer this Agreement (or any of your rights or obligations under this Agreement) without our prior written consent; any attempted assignment or transfer without complying with the foregoing will be void. We may freely assign or transfer this Agreement. This Agreement inures to the benefit of and is binding upon the parties and their respective legal representatives, successors, and assigns.
h. Electronic Communications.
You consent to receive communications from us by email in accordance with this Agreement and applicable law. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
i. Entire Agreement / Severability.
This Agreement supersedes all prior terms, agreements, discussions and writings regarding the Service and constitutes the entire agreement between you and us regarding the Service, except as provided for in Section 7. If any provision in this Agreement is found to be unenforceable, then that provision will not affect the enforceability of the remaining provisions of the agreement, which will remain in full force and effect.
j. Interpretation.
In construing or interpreting the terms of this Agreement: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting this Agreement.
k. Notices.
All notices permitted or required under this Agreement, unless specified otherwise in this Agreement, must be sent in writing as follows in order to be valid: (i) if to you, by us via email to the address associated with your account, and (ii) if to us by you via legal@awoven.org. Notices will be deemed given (a) if to you, when emailed, and (b) if to us, on receipt by us.
l. Relationship.
This Agreement does not confer any third-party beneficiary rights and does not create a joint venture, agency, partnership, or other form of joint enterprise between you and us. Except as expressly provided herein, neither party has the right, power, or authority to create any obligation or duty, express or implied, on behalf of the other.
m. Waiver.
No waiver of any terms will deemed a further or continuing waiver or such term or any other term. Our failure to assert a right or provision under this Agreement will not constitute a waiver of such right or provision.
n. Further Assurances.
You agree to execute a hard copy of this Agreement and any other documents, and take any actions at our expense that we may request to confirm and effect the intent of this Agreement and any of your rights or obligations under this Agreement.
o. Contact.
Feel free to contact us at help@awoven.org with any questions about these terms.
p. Agreement to Terms.
When you use the Service, you agree to the terms of use set forth in this agreement (including the Privacy Policy and AWOVEN Acceptable Use Policy), regardless of whether you are a registered user.
q. Changes to the Service.
We are always trying to improve your experience on the Service. We may need to add or change features and may do so without notice to you.
