Terms of Use
August 4, 2024
Introduction and Other General Matters
Welcome to the website (the “Site”) of Global Millennial Capital Ltd. and its affiliates (collectively, “GMCL”, “we”, “us” and/or “our”). The Site is operated by GMCL and has been created to provide information about us and certain of the products and services we offer, including associated content distribution platforms and social media (the “Services”). The terms of use (together with the Privacy Notice, these “Terms”), governs and informs the use of the Site by the Site’s visitors, persons who contact us, and users of our Services (collectively, “you”, “your”). Please read these Terms carefully. By accessing, browsing, or otherwise using the Site and the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, and these Terms will remain in effect while you use the Site and Services. We may update these Terms from time to time and any modifications will be effective immediately upon posting unless we indicate otherwise. If you use the Site or the Services after any changes to the Terms have been posted, that means you agree to all of the changes. We suggest that you review these Terms periodically for changes.
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO THE SITE AND THE SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE OR THE SERVICES IN ANY MANNER.
Submissions to GMCL. Due to the large number of business plan ideas and related materials that GMCL reviews, and the similarity of many such plans and materials, we cannot agree to obligations of confidentiality, non-use, or non-disclosure concerning any information or materials submitted or provided to or otherwise shared with us. By submitting information or materials to GMCL (each, a “Submission”), you (or anyone acting on your behalf) agree that any such Submission will not be considered confidential or proprietary and that GMCL is free to use such Submission without condition, with no acknowledgment or compensation to you. In no event will GMCL be limited in, or restricted from, the pursuit of any opportunities, either alone or with third parties. In addition, you (i) confirm that you will not post, send, publish, upload or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful or misleading; (ii) to the extent permissible by applicable law, hereby waive any and all moral rights to any such Submission; and (iii) warrant that any such Submission is original to you or that you have all necessary rights and licenses to submit such Submission and that you have full authority to grant us the above-mentioned rights in relation to your Submission.
External Websites. The Site and the Services may contain links to third-party websites (“External Websites”). These links are provided solely as a convenience to you and not as an endorsement by us of the External Website, the content thereon, or their operators. The content of such External Websites is developed and provided by others and GMCL takes no responsibility for any content therein. You should contact the site administrator or webmaster for those External Websites if you have any concerns regarding such links or any content located on such External Websites. No GMCL Party (as defined below) is responsible, and will have liability, for the content of any linked External Websites and do not make any representations regarding the content or accuracy of any materials on such External Websites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any External Websites, you do so at your own risk. Accordingly, you release and hold the GMCL Parties harmless from any and all liability arising from your use of any External Websites or service.
Use of the Site and Services Generally
Content. The Site and the Services contain material, including but not limited to information, photos, podcasts, blog posts, videos, software, text, graphics, charts, icons, code, designs, images, and overall appearance (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under this Agreement. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content, the Site, and the Services shall automatically terminate, and you shall immediately destroy any copies you have made of the Content.
Trademarks. The trademarks, service marks, and logos of GMCL (the “GMCL Trademarks”) used and displayed on the Site and the Services are registered and unregistered trademarks or service marks of GMCL. Other company, product, and service names located on the Site and the Services may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the GMCL Trademarks, the “Trademarks”). Nothing on the Site and the Services or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site and/or the Services without the prior written consent of GMCL specific for each such use. No part of the Services, Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Accordingly, none of the Services, Content or Trademarks may be used to disparage GMCL or the applicable third-party, GMCL ’s or a third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Services, Content or Trademarks. Use of any Trademarks as part of a link to or from any Site is prohibited without GMCL’s prior written consent. All goodwill generated from the use of any GMCL Trademark shall inure to GMCL’s benefit.
Covenants Regarding Use. You agree not to: (a) take any action that imposes an unreasonable load on the Site’s or the Service’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any Service or any activity being conducted on the Site or a Service, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the Site or a Service, or (d) delete or alter any material posted on the Site by GMCL or any other person or entity.
You Must Comply with Applicable Law. You are solely responsible for ensuring compliance with the laws of your specific jurisdiction. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.
Disclaimer of Warranties and Limitation of Liability.
WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE THAT THE LAW ALLOWS US TO DISCLAIM.
— THE SITE, THE CONTENT, THE TRADEMARKS AND THE SERVICES ARE EACH PROVIDED “AS IS” AND “AS AVAILABLE.”
— WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITE, THE CONTENT, AND THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS.
— WITHOUT LIMITING OUR GENERAL DISCLAIMER, WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, OR SPEED OF DELIVERY OF THE SITE, ANY PART OF THE CONTENT, OR THE SERVICES OR THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF THE SERVICE WILL MEET YOUR EXPECTATIONS.
— WE MAKE NO CLAIMS CONCERNING WHETHER THE SITE, THE CONTENT, OR THE SERVICES MAY BE DOWNLOADED, VIEWED, OR USED, OR BE APPROPRIATE FOR OR LEGAL TO USE IN ANY JURISDICTION.
THE GMCL PARTIES’ LIABILITY WITH RESPECT TO THE WEBSITE IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
GMCL, ITS AFFILIATES, THEIR RESPECTIVE EQUITYHOLDERS, OFFICERS, DIRECTORS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS AND REPRESENTATIVES, SUPPLIERS, AND LICENSORS (COLLECTIVELY, THE “GMCL PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE GMCL PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF THE CONTENT OR ANY OTHER INFORMATION CONVEYED TO YOU OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE SERVICES, WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE, THE CONTENT, AND THE SERVICES AT YOUR OWN RISK.
THE GMCL PARTIES DO NOT WARRANT THAT THE SITE OR THE SERVICES WILL OPERATE ERROR FREE OR THAT THE SITE, THE CONTENT, THE SERVICES, OR THE SERVERS THEY RESIDE ON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES RESULTS IN DAMAGES OR LOSSES, NO GMCL PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
IN NO EVENT SHALL ANY GMCL PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE CONTENT, OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH GMCL PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR IF ANY REMEDY YOU HAVE FAILS IN ITS ESSENTIAL PURPOSE. UNDER ALL CIRCUMSTANCES, THE MAXIMUM LIABILITY OF THE GMCL PARTIES TO YOU IS $100.
SOME STATES DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, IN SUCH STATES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU, AND THE LIABILITY OF THE GMCL PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. SPECIFICALLY, IF YOU ARE FROM NEW JERSEY, THE IMMEDIATELY FOREGOING TWO SUBSECTIONS AND ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THOSE SUBSECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SUBSECTIONS.
THE FOREGOING LIMITATIONS ON LIABILITY APPLY TO ANY AND ALL DAMAGES OR INJURY, INCLUDING THOSE CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ANY ASSET, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
Your Liability to, and Indemnification of, Us.
You will be responsible for any liability to us that arises out of your breach of the Terms or your use of the Site or the Services.
You agree to indemnify, defend, and hold harmless the GMCL Parties from and against any and all actual or threatened claims, demands, suits, investigations, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ and accountants’ fees), including any settlement arising from the foregoing, that arise from or relate to: (i) your access to, use, or misuse of the Site, the Content, the Trademarks or the Services, (ii) your breach of the Terms or any representation, warranty, or covenant made by you in the Terms of Use, (iii) your violation of any applicable law, statute, ordinance, regulation, or of any third party’s rights, or (iv) claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions contained in the Terms. GMCL shall provide notice to you of any such claim, suit, or proceeding. GMCL reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting GMCL ’s defense of such matter.
Miscellaneous
These Terms are governed by the internal substantive laws of the State of British Virgin Islands, without respect to its conflict of law’s provisions. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the state and county of the British Virgin Islands. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of GMCL to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against GMCL unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by GMCL and you, these Terms constitute the entire agreement between you and GMCL with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. Unless otherwise stated in the Terms, if any provision of the Terms is found invalid or unenforceable, that provision shall be enforced to the maximum extent possible, and the remaining provisions of the Terms shall remain in full force and effect. The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees. Any information submitted or provided by you to us might be publicly accessible. Important and private information should be protected by you. GMCL is not liable for protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use.
Copyright Infringement Notification Procedures
If you believe that any Content violates yours or a third party’s copyright, please notify us by providing the following information:
— An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
— A description of the copyrighted work that you claim has been infringed.
— A description of where the material that you claim is infringing is located on the Website.
— 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 owner, its agent or the law; and
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
Contact Us
If you have any questions about the Terms, the Site, the Content, or the Services please contact hello@millennialvc.co.