TERMS OF USE:  GIRLS4TECH.COM

Legal Restrictions and Terms of Use as of March 23, 2020

 

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.  BY USING THIS SITE, YOU SIGNIFY YOUR CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

 

The following legal restrictions and terms of use apply to girls4tech.com and any other site owned and/or operated by or on behalf of Mastercard International Incorporated (“Mastercard”) or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as "girls4tech.com" and Mastercard and/or “we” respectively).  Your use of girls4tech.com is also governed by the Mastercard Global Privacy Notice, the terms of which can be found by following this link or going to https://www.mastercard.us/en-us/about-mastercard/what-we-do/privacy.html.

 

USE OF MATERIALS

Girls4tech.com is not directed to, or intended for, children under the age of 16 years.  Rather, this website is directed to and intended for educators, parents and guardians to use as an educational, non-commercial tool. If at any time Mastercard changes the intended user base for Girls4tech.com to include and collect personal information from or about children under the age of 16 years, Mastercard will provide adequate prior notice to the parent or guardian directly and obtain person’s explicit consent.

This site is owned and operated by Mastercard and/or, in the case of certain features, its third-party service providers, and unless otherwise indicated the contents of girls4tech.com are the property of Mastercard and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from girls4tech.com may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal non-commercial educational use only, provided you keep intact all copyright and other proprietary notices.  For the avoidance of doubt, individual use to teach or engage a group in a virtual or physical classroom or other group educational environment, or parental/guardian use with one or more household members, shall be deemed personal non-commercial educational use included in the limited, non-exclusive, revocable user license provided above.  Modification of the materials or use of the materials for any other purpose is a violation of Mastercard's copyright, trademark, and trade secret rights and others' proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited. 

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the "Software") are licensed to you by Mastercard. Mastercard does not transfer title to the Software to you. As between you and Mastercard, Mastercard retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

USER CONDUCT

You hereby represent and warrant that you are of legal age in the jurisdiction of use and agree to comply with these terms of use, as may be amended from time to time, all laws that apply or may apply to your use of girls4tech.com and any rules for conduct on girls4tech.com or use of specific features and/or services offered thereon that may be posted on girls4tech.com, whether in these terms of use or otherwise, from time to time. Mastercard is not responsible for your use of or reliance on information provided by girls4tech.com.

 

NO PERSONAL ADVICE

Any informational materials provided on girls4tech.com, including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, Mastercard makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through girls4tech.com. If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

 

CHANGES TO SITE 

Mastercard may add, change, discontinue, remove or suspend any portion of girls4tech.com at any time, without notice by publication on the girls4tech.com site.. 

 

USER ACCOUNTS 

Certain portions of or future enhancement to girls4tech.com may ask you to create an account. If you choose to create such an account, you agree to provide only true, accurate, current and complete information. You further agree to accept all responsibility for all activities that occur under your account or password, if any, and that you will not sell, transfer or assign your account or allow others to use it. You are responsible for maintaining the confidentiality of any username and/or password that may assigned to or selected by you so that others may not access any members-only or password-protected portions of girls4tech.com using your account and/or identity. Mastercard reserves the right, in its sole discretion and without notice to you, to terminate your account and/or to restrict your access to all or part of girls4tech.com for any reason, including without limitation for extended periods of inactivity. 

 

TERMINATION

This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from girls4tech.com and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from Mastercard, if in Mastercard's sole discretion you fail to comply with any term or provision of this Agreement, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Mastercard further reserves the right to discontinue provision of girls4tech.com in whole or in part at any time, at which time any license granted herein shall be deemed revoked, without any recourse by you and with no further obligation owing by Mastercard.  Upon termination, you must destroy all materials obtained from girls4tech.com and all copies thereof, whether made under the terms of this Agreement or otherwise.

 

DISCLAIMER

MASTERCARD MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO GIRLS4TECH.COM OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE "AS IS" AND "AS AVAILABLE." MASTERCARD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO GIRLS4TECH.COM THE CONTENT THEREWITH, AND ANY WEB SITE WITH WHICH IT IS LINKED. MASTERCARD DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON GIRLS4TECH.COM OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT GIRLS4TECH.COM, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF GIRLS4TECH.COM OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. MASTERCARD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON GIRLS4TECH.COM IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT MASTERCARD) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL MASTERCARD BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON GIRLS4TECH.COM, EVEN IF MASTERCARD OR A MASTERCARD AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MASTERCARD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING GIRLS4TECH.COM OR ANY CONTENT THEREIN.

 

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING GIRLS4TECH.COM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

 

INDEMNIFICATION 

By using girls4tech.com, you agree to indemnify, defend and hold harmless Mastercard from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these terms of use or any law, rule or regulation; or (2) a claim that is based on your use of girls4tech.com or any content herein. You will cooperate as fully and reasonably as required by Mastercard in the defense of any claim. Mastercard reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Mastercard. 

 

JURISDICTIONAL ISSUES

Girls4tech.com is controlled and operated by or on behalf of Mastercard departments based in its offices in New York, United States of America. Mastercard makes no representation that materials on girls4tech.com are appropriate or available for use in other locations. Those who choose to access girls4tech.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls. No software from girls4tech.com may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

 

GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the state of New York, without giving effect to any principles of conflicts of law. You and Mastercard each agree to submit to the exclusive jurisdiction of the courts of the state of New York and the If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and such provisions shall be deemed modified so that its purpose can be lawfully effectuated and enforced. This is the entire agreement between the parties relating to the subject matter herein.

 

PERMISSION FOR REPRINTS

All material on girls4tech.com without limitation, is protected by U.S. and foreign copyright and trademark laws. In order to request permission to reprint any material on girls4tech.com (outside of personal, parental or classroom, non-commercial, educational use), please write to girls4tech@mastercard.com

 

PERMISSION FOR WEB LINKING

If you link to girls4tech.com, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by Mastercard. Any such link must not damage, dilute or tarnish the goodwill associated with Mastercard and/or any Mastercard intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with Mastercard, and you may not “frame” girls4tech.com. You may not link to girls4tech.com from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in Mastercard’s sole discretion. Mastercard reserves the right, in its sole discretion, to terminate any link from any web site. 

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