Last updated: 25-May-2018
These Terms govern your access to and use of our Platform. The Terms are a legal contract between you and Generation, so it is important that you review them carefully before using our Platform.
Changes to the Terms
Please be aware that these Terms constitute a binding legal agreement between you and Generation outlining your legal rights, obligations, and remedies arising from your use of the Platform. You agree you are responsible for your use of the Platform and any consequences resulting from your use of the Platform. You may use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree to these Terms, you may not use the Platform.
We reserve the right, at our sole discretion, to change the Terms at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will notify you of material changes, either through our Platform, in an email notification or through other reasonable means. Your continued use of our Platform after the date any such changes become effective constitutes your acceptance of the new Terms.
Please note that when using certain services within the Platform, you will be subject to any additional terms applicable to such services that may be posted on our Website or otherwise made available through our Platform from time to time.
Generation knows you care about your privacy. Any information you or other users provide to Generation or which we collect about you or others is subject to our Privacy Notice. To learn more about how Generation collects, uses, shares, and secures your information, please review the Privacy Notice at http://global.generation.org/privacy-policy/, which is incorporated into your agreement with Generation by this reference.
The Terms, including the incorporated Privacy Notice, constitute the entire agreement between users of the Platform and the Generation regarding users’ use of and access to the Platform. Your use of the Platform is intended for your enjoyment and benefit and the provision of the Platform to you constitutes the sole and sufficient consideration that you are entitled to receive for any content or other contributions you have made to the Platform.
Eligibility to Use the Websites
The Websites are intended for legal use by adults only and are not directed to children under the age of 16 within the EEA, or under the age of 13 outside of the EEA. You may not use the Websites in any manner if you are under the appropriate age for your jurisdiction and any registration by anyone under such age is void. By accessing or using the Websites and thereby agreeing to these Terms, you represent and warrant to us: (1) that you are at least 16 years of age; (2) that you have not previously been suspended or removed from the Websites; and (3) that your use of the Websites is in compliance with any and all applicable laws and regulations.
Your Representations & Warranties to Generation
By using the Platform, you represent, warrant, and agree:
- You will only use the Platform for lawful purposes, and you will not use the Websites for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use the Platform to cause nuisance, annoyance or inconvenience;
- You will not impair the proper operation of the Platform or any network which is used to support or access the Platform;
- You will not try to harm the Platform in any way whatsoever;
- You will not copy, or distribute the Platform or other content without written permission from Generation;
- You will only use the Platform for your own use and will not resell any aspect of the Platform to a third party;
- You will keep secure and confidential your account password or any identification we may provide you which allows access to the Websites; and
- You will provide us with whatever proof of identity we may reasonably request.
Accounts & Registration
Registering for a Websites Account: In order to use or access certain features of the Platform, you may be asked to register for a user account (a “Generation Account”) and become a registered user of the Platform (a “Registered User”). By becoming a Registered User, you agree to: (1) provide accurate, current, and complete information about yourself and/or the Registered User during the registration process; (2) maintain and promptly update such information to keep it accurate, current, and complete; (3) maintain the security of your password and login information, and that you will not disclose your password or login information to any third party; (4) accept full responsibility for all use of any Generation Account you register, and for any actions that arise from or take place using your Generation Account, whether or not you have authorized such actions or use; and (5) immediately notify Generation of any unauthorized use of your Generation Account. Failure to abide by this Agreement constitutes a breach of these Terms, which may result in immediate termination of your Generation Account.
Your Generation Account Information: You may not select or use a Generation Account name, handle, or login that: (1) is comprised of or includes the name of another person with the intent to impersonate that person; (2) is subject to any rights of a person other than you without appropriate authorization; (3) suggests a false association between you and Generation; or (4) that, in Generation’s sole discretion, is offensive, vulgar, or obscene. Generation reserves the right to refuse registration of a Generation Account, or cancel any account name, in its sole discretion.
Generation’s Termination of Access to the Platform: Generation maintains the right to suspend or disable your access to the Platform and any Generation Account you may have created, or terminate these Terms, at our sole discretion and without prior notice to you if you breach the Terms, or if Generation otherwise determines such action is warranted. Generation reserves the right to revoke your access to and use of the Platform at any time, with or without cause, whether or not you have established a Generation Account or are a Registered User.
Your Cancellation of Your Generation Account or Use of the Platform: You may cancel your Generation Account or your access to the Platform at any time by contacting Generation using the information below. Upon cancellation of your Generation Account, Generation may: (1) retain your information and content indefinitely; (2) continue to use your information for research purposes indefinitely; and (3) retain, use, and continue to show information about your use of the Platform.
Access and Use of Our Platform
Modifications to the Platform: Generation reserves the right to modify or discontinue, temporarily or permanently, our Platform (or any part thereof) with or without notice.
Mobile Services: The Platform may include certain services that are available via a mobile device, including (i) the ability to upload content to our Platform via a mobile device, (ii) the ability to browse our Platform from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access our Platform through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding Generation and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us. In the event you change or deactivate your mobile telephone number, you agree to promptly update your Generation account information to ensure that your messages are not sent to the person that acquires your old number.
Conditions of Use
User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“Content”) that you upload, post, publish, transmit (including by email), or display (collectively, “Upload”) via our Platform or otherwise Upload to Generation. The following are examples of the kind of Content and/or use that is illegal or prohibited by Generation. You agree to not use our Platform to:
(a) Upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to Upload under any law or under contractual or fiduciary relationships; (iii) 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; (iv) poses or creates a privacy or security risk to any person; (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) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, reflects animus towards any race, ethnicity, gender or sexual orientation, or is otherwise objectionable; or (vii) in the sole judgment of Generation, is objectionable or which restricts or inhibits any other person from using or enjoying our Platform, or which may expose Generation or its users to any harm or liability of any type; (b) interfere with or disrupt our Platform or servers or networks connected to our Platform, or disobey any requirements, procedures, policies or regulations of networks connected to our Platform; (c) violate any applicable local, state, national or international law, or any regulations having the force of law; (d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (e) solicit personal information from anyone under the age of 16; (f) harvest or collect email addresses or other contact information of other users from our Platform by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (g) advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized; (h) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or (i) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through our Platform.
Commercial Use: Our Platform is for your personal and non-commercial use. Unless otherwise expressly authorized in these Terms or otherwise authorized in writing by us, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our Platform, use of our Platform, or access to our Platform, including in each case any content contained therein, other than your own Feedback (as defined below) that you legally upload to our Platform.
Generation reserves the right to investigate and take appropriate legal action against anyone who, in Generation’s sole discretion, violates these Terms, including without limitation, removing the offending content from our Platform, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Intellectual Property Rights
Service Content, Software and Trademarks: You acknowledge and agree that our Platform may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Generation, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our Platform or any Service Content, in whole or in part, except that the foregoing does not apply to your own Feedback (as defined below) that you legally upload to our Platform. You may not access our Platform through robots, scraping tools or similar data-gathering or extraction methods.
The technology and software underlying our Platform or distributed in connection with them is the property of Generation, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Generation.
The Generation name and logos are trademarks and service marks of Generation (collectively the “Generation Trademarks”). Other company, product, and service names and logos used and displayed via our Platform may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Generation. Nothing in these Terms or our Platform should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Generation Trademarks displayed through our Platform, without our prior written permission in each instance. All goodwill generated from the use of Generation Trademarks will inure to our exclusive benefit.
Third Party Material: Under no circumstances will Generation be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for 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 such content. You acknowledge that Generation does not have a duty to pre-screen content, but that Generation and its designees will have the right in their sole discretion to refuse or remove any content that is available via our Platform. This includes the right to remove any content that violates these Terms or is deemed by Generation, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Feedback Transmitted Through Our Platform: You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our Platform (“Feedback”), provided by you to Generation is non-confidential, and Generation will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Generation may preserve content and may also disclose Feedback or 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; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Generation, its users and the public. You understand that the technical processing and transmission of our Platform, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Generation respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, on our Site or otherwise within our Services, you should notify Generation of your infringement claim in accordance with the procedure set forth below.
Generation will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Generation’s Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also contact us by mail at: Generation: You Employed, Inc., Attn: DMCA Takedown Request, 1200 19th Street, NW, Suite 910, Washington, DC 20036
To be effective, the notification must be in writing and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our Site or otherwise within our Services, with enough detail that we may find it on our Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notice: If you believe that your Content 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 upload and use the content in your Content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- 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;
- 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
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Northern District of 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, Generation will 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 our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Generation has adopted a policy of terminating, in appropriate circumstances and at Generation’s sole discretion, users who are deemed to be repeat infringers. Generation may also at its sole discretion limit access to our Services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third Party Websites
Our Platform may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Generation has no control over such sites and resources and Generation is not responsible for and does not endorse such sites and resources.
As part of your use of the Platform, you may be asked to elect to receive certain email notifications from Generation and its partners. These messages may include event updates and other promotions. Your election to receive such messages represents your express written consent to receiving emails from Generation related to the Platform. You may opt-out of receiving certain notifications in association with the Platform by completing the opt-out process provided to you with each email message. By opting-out of receiving notifications, you understand that we may not be able to communicate important information to you. Please note we may still contact you regarding certain important Platform announcements or notifications even if you have opted-out from other messages.
You consent to receive from Generation all communications, including notices, agreements, legally required disclosures or other information in connection with the Platform (collectively, “Notices“) electronically. Generation may provide such Notices by posting them on or within the Platform, by electronic mail to your email address on record in the Generation’s account information, or by written communication sent by first class mail or pre-paid post to your address on record. You agree that we may communicate with you regarding Generation and other entities by electronic means to your mobile device and that certain information about your usage of the Platform may be communicated to us. In the event you change or deactivate your mobile device, you agree to promptly update your information to ensure that your messages are not sent to the person that acquires your old device.
Third Party Advertising & Marketing
Generation may employ third party advertising and marketing to deliver ads, information, and other promotions to you, both through the Platform, and via other mechanisms to provide such materials to you outside of the Platform such as on third party websites or platforms. By agreeing to our Terms, you agree to receive such advertising and marketing from Generation and our partners. If you do not wish to receive such advertising, you may notify us in writing using the contact information provided below. Generation may compile and release information regarding you and your use of the Platform on an anonymous basis as part of a customer profile or similar report or analysis. You agree that it is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through the Platform.
Special Notice for International Use; Export Controls: Any software available in connection with our Platform and the transmission of applicable data, if any, is subject to United States export controls. No software may be downloaded as part of our Platform or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using any software is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our Platform, including as it concerns online conduct and acceptable content.
Indemnity and Release
You agree to release, indemnify, and hold harmless Generation, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Platform, any Content, your connection to our Platform, your violation of these Terms, or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “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.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Disclaimer of Warranties
YOUR USE OF OUR PLATFORM IS AT YOUR SOLE RISK. OUR PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GENERATION EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GENERATION MAKES NO WARRANTY THAT (I) OUR PLATFORM WILL MEET YOUR REQUIREMENTS, (II) OUR PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR PLATFORM WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, PLATFORM, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR PLATFORM WILL MEET YOUR EXPECTATIONS.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT GENERATION WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GENERATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR PLATFORM OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS, DATA, INFORMATION OR PLATFORM PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR PLATFORM; OR (V) ANY OTHER MATTER RELATING TO OUR PLATFORM OR CONTENT. IN NO EVENT WILL GENERATION’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GENERATION IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US$100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR PLATFORM OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR PLATFORM.
At Generation’s or your election, all disputes, claims, or controversies arising out of or relating to these Terms or our Service that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in Washington, D.C. before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in these Terms. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in these Terms and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under these Terms, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.
Generation may terminate these Terms for any reason at any time. Generation reserves the right, in its sole discretion, to restrict, suspend, or terminate your access to and use of our Platform, with or without prior notice. Otherwise applicable sections of the Terms shall survive termination.
These Terms constitute the entire agreement between you and Generation and govern your use of our Platform, superseding any prior agreements between you and Generation with respect to our Platform. These Terms will be governed by the laws of the District of Columbia without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and Generation agree to submit to the personal and exclusive jurisdiction of the local and federal courts located within the District of Columbia.
The failure of Generation to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Generation may assign or transfer this Terms, in whole or in part, without restriction. The section titles in these Terms are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. We may also provide notices to you of changes to these Terms or other matters by displaying notices or links to notices generally on our Website.
The parties shall be independent contractors under this Agreement, and nothing herein will constitute either party as the employer, employee, agent or representative of the other party, or both parties as joint venturers or partners for any purpose.
Questions? Concerns? Suggestions?
Please contact us at [email protected] to report any violations of these Terms or with questions regarding the Terms or our Platform.