Terms & Conditions
Terms & Conditions
THE WORKS TERMS OF USE
Last Updated: June 19, 2020
Welcome to THE WORKS. These Terms of Use are a binding contract between you and THE WORKS regarding the use of the website (the “Site”) provided by THE WORKS, owned and operated by Selig Enterprises, a Georgia-based entity with its headquarters in Atlanta, Georgia. Please read these Terms of Use before using or submitting content in any form or medium on THE WORKS Site.
By continuing to visit our Site, or by submitting content on THE WORKS Site, you agree to abide, and that you are bound, by these Terms of Use. We reserve the right to change these Terms of Use at any time, and you agree (including by virtue of your continued use of our Site) to be bound by any such changes.
Please review THE WORKS Privacy Policy in conjunction with these Terms of Use. If you do not agree to these Terms, please do not use THE WORKS Site.
1) Description Of The Site
General Description. The Site is a for-profit website that presents content and information to Internet users with an interest in THE WORKS development. Ages 13 and Over Only. The Site is intended for those ages 13 and over. If you are under 13 years of age, please do not use THE WORKS Site. In accordance with the federal Children's Online Privacy Protection Act of 1998 (COPPA), THE WORKS will never knowingly solicit nor will it accept personally identifiable information from individuals known to be under thirteen (13) years of age. Please see our Privacy Policy for more information including how to notify us of any concerns in this regard. Right to Modify Site. THE WORKS reserves the right to immediately change, suspend, remove, or discontinue any part of the Site or any content for any reason, without prior notice or liability.
Changes to These Terms of Use. THE WORKS reserves the right to modify these Terms of Use and THE WORKS Privacy Policy at any time, and without prior notice, by posting amended terms to these policies. Non-material changes and clarifications will take effect immediately, and material changes will take effect within fourteen (14) days of their posting on THE WORKS Site. If we make material changes, we will post them in a link at the bottom of our home page and will indicate the Terms of Use effective date. Your continued use of the Site beyond thirty (30) days after our notice to you indicates your acceptance of the current Terms of Use. Once you have submitted an email address to our Site, you authorize THE WORKS to send you notices via email. Please note that it is your obligation to keep your current email address and contact information updated at all times.
2) User Conduct
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Conditions of Use. As a condition of use, you agree to all of the following:
(a) You are solely responsible for any Content (defined below) that you submit, or that you allow others to submit on the Site under your name, profiles, and other online identities. (b) You must not upload, post, email, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable. (c) You must not upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “affiliate links,” or any other form of solicitation. (d) You must not transmit any worms or viruses or any code of a destructive or disruptive nature. (e) You must not violate any local laws in your jurisdiction (including, but not limited to, intellectual property laws). (f) You must not use the Site for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your jurisdiction regarding online conduct and acceptable Content. (g) You must not access, “hack,” alter, or otherwise use any part of the Site in any manner that you do not have access to or exceeds your authorized access. (h) You must not utilize any bugs, robots, or other technological device to access or extract any data or information contained on the Site or its servers. (i) You agree that you will not submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and grant THE WORKS all licenses granted herein. (j) You agree that you shall be solely responsible for your own Content and the consequences of submitting it through any means on the Site.
3) Suspension Or Termination Of Use
We May Discontinue or Suspend Our Site or Terminate Your Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Site (or any part thereof) with or without notice. You agree that THE WORKS shall not be liable to you or any third party for any such modification, suspension, or discontinuance of our Site. In addition, we reserve the right to terminate your access to our Site for any reason, and to take any other actions that THE WORKS, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
4) Links To Third Party Sites
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We Are Not Responsible for Linked Sites. We are not responsible for the availability or content of other services that may be linked to our Site, such as Facebook, Instagram, or Twitter. Since we have no control over such services, you acknowledge and agree that we are not responsible for the availability of such external services, and that we do not endorse and are not responsible or liable for any content, accuracy, quality, advertising, products, or other materials on or available from such services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods or services available on or through such services. Please visit these websites for their Terms of Use and Privacy Policy. THE WORKS is not responsible for providing their current policies or changes thereof.
5) The Works Content
We Have and Retain All Rights in Our Site. (a) THE WORKS Content. All content and other subject matter included on or within the Site, and all Intellectual Property Rights in or related to the Site or any such content or other subject matter (“THE WORKS Content”) are the property of THE WORKS and its licensors. Except as expressly provided in these Terms, you agree not to use, modify, reproduce, distribute, sell, license, or otherwise exploit THE WORKS Content without our permission. (b) THE WORKS License to You. Subject to the terms and conditions of these Terms, we grant you a license to use the Site, including accessing and viewing THE WORKS Content. THE WORKS may terminate this license at any time for any reason or no reason. Except for the rights and licenses expressly granted, THE WORKS reserves all other rights, and no other rights are granted by implication or otherwise.
6) Trademark Policy
THE WORKS Trademarks. THE WORKS, THE WORKS logo, and names are trademarks and are the intellectual property of THE WORKS. You agree not to display or use this intellectual property in any manner without THE WORKS’ prior, written consent. The names and logos of third parties may be their trademarks. You may not infringe on their proprietary rights. All rights are reserved.
7) Indemnification
You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms of Use or Any Breach by You of Your Representations and Warranties. You agree to indemnify and hold harmless THE WORKS and its affiliates and employees from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.
8) Disclaimer Of Warranty
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Your Use of the Site is Subject to Certain Disclaimers. OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS, AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED, OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE WILL TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE BY IMPLEMENTING APPROPRIATE SECURITY SAFEGUARDS, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES, DATA, OR OTHER INFORMATION CREATED BY US OR BY THIRD PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT, INCLUDING DATA, IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
9) Disclaimer Of Conseuential Damages
IN NO EVENT SHALL THE WORKS, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WORKS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND STATUTORY DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WORKS AND THE WORKS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE WORKS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10) The Works Liability Throughout The Website
THE WORKS Site may contain inaccuracies or typographical errors. THE WORKS makes no representations about the accuracy, reliability, completeness, or timeliness of any of THE WORKS Content. The use of all THE WORKS Content is at your own risk. Changes are periodically made to THE WORKS Content and may be made at any time. You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any resume or material contained therein placed by you on THE WORKS.
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THE WORKS cannot guarantee and does not promise any specific results from use of THE WORKS Site. No advice or information, whether oral or written, obtained by a user from THE WORKS Site shall create any warranty not expressly stated herein.
11) Limitation Of Liability
THE WORKS’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WORKS OR YOUR USE OF THE WORKS CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100. THE WORKS and its affiliates and employees are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this Site or for any claim, loss, or injury based on errors, omissions, interruptions or other inaccuracies in our Site (including, without limitation, as a result of breach of any warranty or other term of these Terms of Use).
12) Privacy Policy
THE WORKS takes the privacy of its Site users very seriously. Our Privacy Policy is available here. By accepting the Terms of Use, you agree to be bound by our Privacy Policy.
13) Miscellaneous
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by THE WORKS without restriction. Any attempt to assign or transfer these Terms of Use and any rights and licenses will be null and void. Entire Agreement. The Terms of Use, including THE WORKS Privacy Policy, which are hereby incorporated by reference, constitute the entire agreement between you and THE WORKS and governs your use of the Site, superseding any contemporaneous or prior agreements between you and THE WORKS.
Governing Laws. The Terms of Use will be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of law provisions. Waiver and Severability. The failure of THE WORKS to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties to this Agreement, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable. Notices. THE WORKS may provide you with notices, including, without limitation, those regarding changes to the Terms of Use and other Site-related announcements, by postings on the Site (for example, by posting on the relevant page(s) of the Site affected by such changes) or via email.
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Limitation on Claims. Any action concerning the Site must be brought within one (1) year after the reason for the action arises, or the claim is barred. THE WORKS May be Legally Compelled to Disclose Certain Information. You agree that in the event THE WORKS receives a subpoena issued by a court or from a law enforcement or government agency, THE WORKS may have to comply with such subpoenas without your consent or prior notice to you and may need to disclose your IP address, name, IP location, or other information in response thereto. Contact Information. Please send any questions or comments to propertymanager@theworksatl.com.