TERMS OF USE AGREEMENT

Welcome to WorkerAnts! We want your experience with us to be enjoyable, so we have put together a few rules of the road. Please read the following Terms of Use Agreement (the “Agreement”) carefully.

This is a legally binding agreement and by accessing or using www.workerants.com  (the “Site”) you are agreeing to be bound by all the terms and conditions in this Agreement, and the Privacy Policy, which is incorporated herein by reference.  This Agreement is provided by WorkerAnts LLC (“WorkerAnts”, “our”, “us” or “we”) and governs your access to and use of the Site and all services and products offered through the Site.  Your use of the Site is conditioned upon your acceptance without modification of any or all of the terms and conditions in this Agreement, including the Privacy Policy.  If you do not accept this Agreement, or the Privacy Policy, you are not permitted to use the Site and you must discontinue access or use of the Site.  If you have any questions or concerns regarding this statement, you should contact us.

About You.

You can form a binding contract with us.

You may only use the Site if you can form a binding contract with WorkerAnts, and only in compliance with this Agreement and all applicable laws.

You are old enough to use the Site.

WorkerAnts is not directed to children under 13 and you must be 13 years of age or older in order to register as a member or contribute to the Site. We do not knowingly collect the information of anyone under the age of 13.  You agree that, if applicable law requires that you are of a minimum age to use the Site, you are of such minimum age to use the Site.

Please contact us if you learn that your minor child has provided us with personal information without your consent.

Your information is accurate and complete and you will be responsible for your membership account.

You agree that all information given by you on the Site is true, accurate and complete.

You do not have to be a registered member to use the Site, but you agree that only registered members can access certain of the services and features on the Site. Unauthorized access of services that are only for registered members is prohibited.  Access to and use of password protected or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.

To become a registered member, you need to provide certain personal data, including your real name, an e-mail address and a password to access your membership account. Personal information that you are required to provide to us through the Site is subject to the Privacy Policy, which is incorporated herein by reference. You acknowledge and agree that Internet transmissions are never completely private or secure and that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

If you become a registered member of the Site, you agree that you will not select or use a username of another person with the intent to impersonate that person, or in which another person has rights (unless you have authorization from that person), or that we, in our sole discretion, deem offensive or otherwise in violation of this Agreement.

If you become a registered member of the Site, you agree that you are responsible for maintaining the confidentiality of your access information and for controlling access to your membership account. You must safeguard your account information and you agree that you will supervise and be completely responsible for any use of your account by anyone other than you.

You may share an account (using one username and password) if it is clearly disclosed that it is a group account.  Even if you share an account, you are still responsible for the confidentiality of your access information. You will be responsible for all activities and all usage on your membership account, including use of the account by any third party, whether or not such use is authorized by you, that occur under your membership account (including any purchases of our products or services made through your membership account). You agree to notify WorkerAnts immediately if you discover that your membership account is being used by a third party without your consent. WorkerAnts cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Content.

WorkerAnts is a community of people dedicated to making the world a better place.  You make this community possible and we appreciate hearing from you and getting to know you. In fact, much of the content on WorkerAnts is submitted by registered members and we encourage you to take advantage of all the opportunities to participate that the Site offers you.

Content You Post is Yours and You Agree to Let Us Use It.

If you choose to submit content to the Site, either by e-mail or posting to the Site, including, graphics, artwork, photographs, images, designs, video, audio and written materials (such as reviews, questions, comments, suggestions or ideas) and any other materials that appear as part of the Site (“User Content”) you are granting WorkerAnts a non-exclusive, royalty-free, perpetual, transferable, irrevocable, sublicensable, worldwide license to use, store, display, reproduce, modify, adapt, translate, perform, publish, create derivative works from, and distribute this User Content.  You also agree that WorkerAnts may, at our sole discretion, choose to identify you or otherwise provide attribution of you, using the name you submit in connection with your User Content, in any publication in any form, media or technology now known or later developed in connection with the User Content.  If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby acknowledge and agree that you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content, and you forever release WorkerAnts, and its licensees, successors and assigns, from any claims that you could otherwise assert against WorkerAnts by virtue of any such moral rights.

You agree that your User Content is non-confidential and non-proprietary.  You agree that you are solely responsible for obtaining all necessary rights to upload, post and distribute your User Content and that you will not post or submit third party copyrighted material, or material that is subject to other third party proprietary rights as User Content to the Site, unless you have permission from the lawful owner of such material or are otherwise legally entitled to submit such User Content and grant WorkerAnts the license rights noted above.  You further agree that WorkerAnts has the right to pursue at law any person or entity that violates your rights or our rights in the User Content by a breach of this Agreement.

Other Information, Services and Products on the Site are Used at Your Own Risk.

The information provided in this Agreement, and more generally on the Site, including User Content (the “Information”) may contain inaccuracies or typographical errors. WorkerAnts makes no representations about the accuracy, reliability, completeness, or timeliness of the Information or about the results to be obtained from using the Site and the Information. Any use of the Site, the services or products offer, sold or otherwise distributed by WorkerAnts, and the Information is at your own risk. Changes are periodically made to the Site and may be made at any time without warning or notification. You use the Site, the Information,  the services, and the products at your own risk.

The Site may contain groups, discussion forums or other areas in which you or third parties may post Information, such as reviews, messages, pictures, resources or other items on the Site.   You agree that you are solely responsible for your use of these areas of the Site and use them at your own risk.  WorkerAnts has no obligation to review content added to the Site.  WorkerAnts also assumes no liability or responsibility for the addition or deletion of any content on the Site. You acknowledge that by using the Site, you may be exposed to content that you find objectionable, indecent or offensive or which is inaccurate, misleading or incomplete. Do not continue any discussion with which you feel uncomfortable and do not continue any interactions that make you feel uncomfortable. WorkerAnts does not endorse any content on the Site, nor do we assume any obligation or responsibility for confirming the accuracy, completeness or usefulness of any content on the Site. Please note that we do not verify the identity of people using our Site. You are solely responsible for any interaction with other members or visitors of the Site, and WorkerAnts has no obligation to monitor disputes between you and any other member of the Site.

No Endorsement of Links to Other Sites and Organizations.

This Site may contain links to external websites and organizations.  We do not endorse or verify these organizations or websites.  WorkerAnts does not endorse the donation to or volunteering with any organization listed on the Site, although we may, at any time and from time to time, provide information and links to organizations that may request donations or volunteers. WorkerAnts takes no responsibility and assumes no liability for any actions taken by you in relation to any such organizations or linked third party websites.  You acknowledge and agree that you interact with such organizations and linked third party websites at your own risk.  It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any opinion, advice, product or other content available through the site, or obtained from a linked site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific opinion, advice, organization, service, product or other content.

We Can Remove Content, Deny You Access to the Site, Our Services, or Our Products and Terminate Your Account. 

We retain the right at our sole discretion to deny access to anyone to the Site, services or products that we offer, at any time and for any reason, including for violation of this Agreement.

WorkerAnts has no obligation to screen, edit or monitor any of the Information posted on or distributed through any area on the Site in which you or third parties may interact. Please note that WorkerAnts reserves the right, at our sole discretion, to remove, screen or edit without notice any Information posted or stored on the Site at any time. You are solely responsible for creating backup copies of and replacing any User Content you post or store on the Site at your sole cost and expense.

Notwithstanding anything to the contrary stated herein or in our Privacy Policy, we have the right to view and monitor any content posted to this Site, even if that content has been designated as “private,” for any reason, including if we have reason to believe that the content or the member posting the content has violated this Agreement, or has engaged in conduct that is fraudulent, deceitful, unlawful, or is or could be a threat to persons or property.

Intellectual Property Rights.

The Information on the Site is Protected by Intellectual Property Laws – Please Respect Other People’s Intellectual Property Rights.

All right, title and interest in and to the Site and all of its Information, including, graphics, artwork, avatars, photographs, images, designs, video, audio, ratings and written materials and other materials that appear as part of the Site are owned by WorkerAnts.  All Information is protected by national and international intellectual property laws, including copyrights, trademarks and moral rights.  The trademarks, logos, service marks and trade names (collectively, the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of WorkerAnts or third parties and may not be used unless authorized by the owner. All Trademarks not owned by us that appear on the Site are the property of their respective owners. All Information on the Site or on e-mails distributed to you from us, including text, graphics, logos, button icons, and images, and the selection and arrangement of such content is the exclusive property of us or our licensors and is protected by U.S. and international copyright  laws. All rights not expressly granted are reserved.

Information on the Site is provided AS IS for your information and personal use only. You may not copy, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any of the Information, in whole or in part, without WorkerAnts’ prior written consent. Downloading any photographs on the site that are not user submitted is strictly prohibited. Copying or storing of content for other than personal use is expressly prohibited without prior permission from us or the copyright holder identified in the copyright notice contained in the content.

Notwithstanding anything herein to the contrary, if you make any unauthorized use of the Site, or the Information, software, code or other data thereon, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

User Conduct.

We Really Want to Keep You, But No One Likes Bullies, Spammers or Haters (so just don’t go there).

We are a community of diverse individuals, with different opinions, causes and goals. You may not agree with the opinions and goals of others on the Site and we respect your right to disagree. In order to use the Site, you agree that if you choose to vocalize your disagreement in any manner that you will do so in a civil and respectful manner.  You also agree that you will abide by the following additional behavior guidelines.  As part of this Agreement you agree not to post, submit, email, transmit, distribute or otherwise publish through the Site Information that:

  1. is libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or any material that would give rise to any civil or criminal liability under applicable law;
  2. contains slurs, hate speech or which attack an individual or group on the basis of race, color, religion, national origin, or sexual preferences;
  3. could infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any person or entity, including by unauthorized downloading or copying of images or information from the Site;
  4. is, or could be construed as, illegal or construed as being a part of an illegal activity;
  5. impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity, including WorkerAnts;
  6. contains an email address, telephone number, street address, last name, or any other information, including Social Security number or similar identification number, that identifies a user or any other private information of any third party, including credit card numbers;
  7. constitutes spam (sending the same message multiple times or to multiple people will be treated as spam) or that is commercial in nature, including unsolicited promotions, political campaigning, advertising, contests, raffles, or solicitations;
  8. contains Information that is unrelated to the topic of the forum in which such Information is posted;
  9. uses, reproduces, sells, resells or otherwise exploits the Site or any of the services or products offered on the Site for any commercial purposes;
  10. contains software viruses, corrupted data, or other programs that disrupt or destroy the functionality of the Site or computer software or hardware; or
  11. contains Information that, in our sole discretion, violates any of the above guidelines, is objectionable, restricts or inhibits any other person from using or enjoying the Site, or which may expose WorkerAnts or its affiliates, if any,  or its users to any harm or liability of any type.

Please note that we permit advertising only in specified areas of the Site that are specifically designated for advertising.  If you are interested in advertising on the Site please contact us [link].  Any use of the Site in violation of the foregoing behavior guidelines may result in, among other things, termination or suspension of your rights to use the Site.

If you believe that any postings on the Site violate this Agreement, please let us know by contacting us at workerants1@gmail.com. We try to review all reported violations and, if we agree with you, we will take appropriate action.  In all cases though, WorkerAnts is the final judge on whether this Agreement has been violated and we will determine in our sole discretion what, if any, action should be to taken.

Fundraising and Donations.

 If You Plan on Raising Money for Your Favorite Cause, Please Pay Attention to the Following Guidelines.

WorkerAnts permits individual members and colonies to plan, coordinate, schedule and communicate with each other through the colony pages and individual home pages regarding legitimate and lawful fundraising and fundraising events related to third party sites and organizations.  Organizations are permitted to post notifications of fundraising events on their own Organization’s page or in a colony they administer, along with links to their external website for further information regarding the fundraiser.  WorkerAnts does not permit direct solicitations for donations.  If someone is asking you for money, and not just telling you about a fundraising event or letting you know that you may donate at a certain third party site, please let us know immediately.  Again, we will try to review all reported violations and, if we agree with you, take appropriate action.

If you choose to plan, coordinate, schedule or promote a legitimate and lawful fundraiser, you take full responsibility for such fundraiser, and you agree that: (i) such fundraiser shall comply with all applicable laws; (ii) you are solely responsible for all facets of the fundraiser; (iii) you may not use the WorkerAnts name, logo or any other WorkerAnts intellectual property in the rules or any other materials relating to the fundraiser without WorkerAnts’ express prior written consent;  (iv) such fundraiser is not marketed to anyone under the older of the age of 18 or the age of majority for the state or country in which you reside; and (vi) such fundraiser may not endorse, sponsor or promote anything related to gambling, alcohol, illegal or prescription drugs, pornography, or tobacco.

If you choose to participate in, including by planning, coordinating or otherwise promoting, a fundraiser that is planned, coordinated, scheduled or promoted on this Site, you acknowledge and agree that (i) WorkerAnts does not sponsor, endorse or administer the fundraiser; (ii) you release WorkerAnts from any and all liability arising from or related to the fundraiser; and (iii) all questions concerning the fundraiser must be directed to the organization or user coordinating or notifying you of the fundraiser and not to WorkerAnts.  You also agree to  indemnify and hold WorkerAnts harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the fundraiser, including the publicity or administration thereof.  If you do not agree to these terms, you may not participate in,  publicize or administer a fundraiser on the Site.

WorkerAnts may administer fundraisers on the Site.  We will clearly specify that WorkerAnts is administering such fundraiser and such fundraiser will be subject to the rules and guidelines posted for the applicable fundraiser.  If you participate in a WorkerAnts administered fundraiser, you agree to be subject to the applicable rules and guidelines.

Changes and Modifications.

We May Make Changes At Any Time to this Agreement and Other Information on the Site.

We may modify this Agreement, the price of products or services offered on the Site, any related policies and agreements, Information, or nature of the Site at any time and without prior notice to you. Such changes shall become effective immediately upon the posting thereof.  We invite you to check this Agreement periodically to see if the terms or conditions have been updated. If you do not agree to any such change, your sole recourse is to immediately stop all use of the Site. By continuing the use of the Site following the posting of change, you accept and agree to the changes. If you have any regarding the use of our Site, please contact us [link].

Please note that if any changes to the Agreement, including the Privacy Policy, are deemed “material” we may provide notification by either e-mail or posting.

Indemnification.

If we are sued because of something you did, you have to pay our costs.

You agree to indemnify, defend and hold WorkerAnts and any of its affiliates and or related entities, and their directors, officers, employees and agents harmless from any and all claims, liabilities, costs, losses (including consequential and indirect losses) and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, products or services, including infringement of any intellectual property or other right of any person or entity, or of this Agreement. You agree to cooperate as fully as reasonably required in WorkerAnts’ defense of any claim. WorkerAnts reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WorkerAnts’ defense of such claim and you shall not in any event settle any matter without WorkerAnts’ prior written consent.

WorkerAnts expressly reserves its right to seek additional elements of actual or consequential damages other than those expressly identified above.

Disclaimer of Warranty and Limitation of Liability.

We strive to provide the best service possible at WorkerAnts, but, unfortunately, we are only human and we have yet to learn how to control other people.  We do not take responsibility for the acts of others and are not liable for certain things. If you have any questions or concerns though, please feel free to contact us [link].

ALL CONTENT, PRODUCTS, AND SERVICES ON THE SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES.

WORKERANTS PROVIDES INTERACTIVE SERVICES, HOWEVER, WE ARE NOT LIABLE FOR ANY STATEMENTS, REPRESENTATIONS OR INFORMATION PROVIDED BY ITS USERS IN ANY PUBLIC FORUM, PERSONAL HOME PAGE, ORGANIZATION OR COLONY PAGE, THE  RESOURCES SECTION, OR ANY OTHER AREA OF THE SITE WHERE USERS MAY INTERACT.  UNDER NO CIRCUMSTANCES WILL WORKERANTS BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH ANY INFORMATION POSTED, STORED OR UPLOADED ON THE SITE, INCLUDING BY YOU OR ANY THIRD PARTY, OR FOR ANY LOSS OR DAMAGE THERETO OR ANY MISTAKES, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY OR PROFANITY YOU MAY ENCOUNTER.  UNDER NO CIRCUMSTANCES WILL WORKERANTS BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY LOSS OR DAMAGE CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH (I) YOUR USE OF OR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE; (II) YOUR INTERACTIONS WITH ANY THIRD PARTIES LINKED OR FOUND ON THE SITE, INCLUDING VOLUNTEERING WITH OR DONATING TO ANY ORGANIZATION; (II) THE AVAILABILITY OF OR YOUR RELIANCE ON SUCH LINKED THIRD PARTY SITES OR RESOURCES, OR ANY CONTENT, PRODUCT, SERVICE OBTAINED OR HEARD ABOUT, ADVERTISING, REQUESTS FOR VOLUNTEERS OR DONATIONS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES.

IN NO EVENT SHALL WORKERANTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, THE DELAY OR INABILITY TO USE THE SITE, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WORKERANTS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

YOU HEREBY AGREE TO RELEASE WORKERANTS, ITS AFFILIATES AND SUBSIDIARIES, IF ANY, AND THIRD-PARTY SERVICE PROVIDERS, SUPPLIERS AND VENDORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THIS SITE AND ITS SERVICES OR THE SITE INFORMATION.

General Terms.

These are general legal terms found in most contracts, but please still read them.

Electronic Communication.

When you use the Site or send emails to us, you are communicating with WorkerAnts electronically. You consent to receive communications electronically from WorkerAnts. WorkerAnts will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.

Relationship.

You agree that no joint venture, agency, partnership, or employment relationship exists between you and WorkerAnts as a result of this Agreement or use of the Site.

Entire Agreement/Severability.

This Agreement, including the Privacy Policy which is incorporated herein by reference, constitutes the entire agreement between you and WorkerAnts with respect to the subject matter hereof and supersedes all prior agreements, if any, whether oral or written, and any other communications between you and WorkerAnts relating to your use of the Site. If any term or other provision of this Agreement is declared invalid, illegal or incapable of being enforced by any governmental authority, all other terms and provisions of this Agreement shall nevertheless remain in full force and effect to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions. The headings used in this Agreement are included for convenience only. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions.

Waiver.

No failure or delay by WorkerAnts in exercising any of its rights under this Agreement shall operate as a waiver of those rights nor shall any single or partial exercise thereof preclude any other or future exercise of any other right hereunder. Any waiver of any term or condition hereof shall not be construed as a waiver of any subsequent breach or as a subsequent waiver of the same term or condition, or a waiver of any other term or condition of this Agreement.

No Third Party Beneficiaries

This Agreement shall be binding upon and inure solely to the benefit of, and be enforceable by, only you and WorkerAnts and nothing herein, express or implied, is intended to, or shall confer upon, any other person or entity any right, benefit or remedy of any nature whatsoever, under or by reason of this Agreement.

Governing Law.

You are responsible for compliance with all applicable laws. The Site is operated by a U.S. entity and this Agreement and the relationship between you and WorkerAnts, is governed by the laws of the State of New York, without giving effect to any choice of laws principles that would require the application of the laws of a different country or state.  You hereby consent to the exclusive jurisdiction and venue of courts in New York, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this Website. You agree that all claims you may have against WorkerAnts, LLC arising from or relating to the Site must be heard and resolved in a court of competent subject matter jurisdiction located in the state of New York. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including this paragraph.

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