GSUSA Pearl
Terms of Use and Privacy Statement

These Terms of Use and Privacy Statement (TOU) contain multiple sections, with the links to each section below allowing you to jump directly to a section:

  1. Introduction to Pearl
  2. Information We Receive
  3. Content You Create/Add to Pearl
  4. Rules
  5. Privacy
  6. Trademarks and Copyrights
  7. Links to Third Party Sites
  8. DISCLAIMER OF WARRANTIES
  9. Indemnification
  10. General Provisions
  11. Reporting Trademark/Copyright Infringement
  12. Termination of User
  13. Questions

 

1.  Introduction to Pearl

Girl Scouts of the USA (GSUSA or we) provides the Pearl Site (Pearl) to you for your use in connection with your role within the GSUSA organization.  At present, access and use of Pearl is limited to GSUSA headquarters employees and Girl Scout Council employees.  Access and use might in the future be broadened to other users (such as members and their parents, Troop leaders and vendors) in GSUSA’s sole discretion. 

You accept these TOU: In using Pearl, you accept and agree to abide by these TOU (including but not limited to the Rules).  These TOU are different from the terms of use applicable to use of the GSUSA website at www.girlscouts.org and to other GSUSA websites, which may have their own terms of use and privacy policies.  These TOU replace the past TOU for Pearl.  You may print a copy of the TOU for your own use and records at any time.  For GSUSA employees, certain provisions of the GSUSA Employee Handbook also apply to use of Pearl.

GSUSA may amend these TOU: GSUSA may amend these TOU without warning in our sole discretion.  If we do so, we will post the new TOU and provide some form of notice, which may include a notice on Pearl, a notice when you log-on (but which you might not see if you choose to configure your access to Pearl so as to bypass log-on via bookmarking; if you do so, you will still be deemed to have notice to the new TOU if we provide such notice via logon), a note in our Pearl User e-letter, or an email to those having a User Profile on Pearl (Users).

2.  Information We Receive

Information you provide to us

User Profile: All Pearl Users create a User Profile, identifying his or her name, organization, title, email address and sometimes phone number or business address.  Pearl Users who are not GSUSA headquarters employees also must register, providing the same information as will populate their User Profiles (At present, because their existing GSUSA email system email address and password has been transferred to Pearl, GSUSA headquarters employees can bypass registration and need only create User Profiles to use Pearl).  Each User uses his or her email address to log-in together with a Password of their choice. 

Security of Password:  You are entirely responsible for maintaining the security of your Password and for all activities that take place through your User account. You agree to notify GSUSA immediately of any unauthorized use of your account or any other breach of security. GSUSA will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by GSUSA or another party due to someone else using your account or password. You may not use anyone else's account at any time nor share your Password with anyone.

Content: Pearl Users may add (Post) content such as notes, comments, photos, calendars, video links, thoughts, suggestions, and ideas to Pearl (Content).  How that Content is added and the Rules that govern the Content and your and our use of it are set out below under Content.  If Content you Post contains metadata that you do not want GSUSA to store and have access to, please delete the metadata before Posting it to Pearl.

Information we collect when you interact with Pearl

Cookies: We send one or more cookies – a small file containing a string of characters – to your computer when you use Pearl. We use cookies to identify you as the authorized user of Pearl, and improve the quality of Pearl, including for storing user preferences, improving search results and providing Pearl updates.

Memberships:  Pearl enables Users to create Communities and Projects.  We maintain information as to which Communities, Projects, and Council sites Users view, join and participate in.

Content:  We maintain copies of, and information about, all Content that you Post to Pearl.  We always have access to Content that you Post, even if such Content is Posted in a member-only Community, Project, or Council site.

Other Pearl Activity Information: We may retain information as to your use of and activities on Pearl, such as when you log on and how you navigate through Pearl, its Communities, Projects and Council sites, and when and what you Post.

3.  Content that you create/add to Pearl

What rights you must have to Post Content

Content you Post must be one of the following:

Content you Post must comply with:

                                 
By Posting Content, you represent and warrant to GSUSA that all of the above is true and accurate and you represent and warrant to all other Users that you have appropriately attributed the Content.  Attributing third party Content is important because otherwise Users and GSUSA will understand that you own full rights to the Content and, thus, that all Content is covered by the licenses granted to GSUSA and other Users, below, with no third party rights/permissions needed for further use as contemplated below.

Our rights to Content that you Post
        
License to GSUSA: By Posting Content, you grant to GSUSA a non-exclusive, irrevocable, perpetual, worldwide license to use such Content in any way and in any medium desired by GSUSA without any compensation to you, including by way of example and not limitation the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat, and sublicense such Content. 

License to Users:  By Posting Content, you grant to other Pearl Users the right to use such Content on Pearl, such as by taking a photo that you posted and incorporating it into a Community, Project, or Council site, subject to any Community, Project, or Council site restrictions.  In other words, any Content posted by a User only to a closed/private, member-only Community/Project/Council site must stay within that Community/Project/Council site and another User should not re-Post it outside of the member-only Community/Project/Council site without permission of the Posting User.

How we may use Content:  We may use Content you Post internally at GSUSA for any purpose.  We may use, adopt and exploit any idea that you Post in any way, including publicly, without any notice or compensation to you.  For instance, if you suggest through Pearl an idea for a new GSUSA official or licensed product or a new tagline for the GSUSA organization or a new program, GSUSA may use that idea, tagline or program without any compensation to you.  You may not condition GSUSA’s use of Content (other than with respect to identified third party rights) in any way, such as by offering through Pearl an idea to GSUSA that GSUSA must pay or compensate you for if GSUSA adopts or implements the idea.  We may use Content to manage and improve Pearl, to serve personalized messages and promotions to you, to supplement your profile, to respond to legal requests and prevent harm.  We also may remove Content if we believe it violates these TOU.

4.  Rules

Rules for your Posting of Content

Other Behaviors that Violate the Rules

Rules for your use of Content (on Pearl and otherwise)
You must not:

You must:

Violations of These Rules:  We reserve the right, but not the obligation, to, at our discretion, remove or modify any Content if in our opinion it violates the Rules set forth in this Section 4.  In addition, we reserve the right to limit, suspend or terminate your access to Pearl for any violations of this TOU.

How other Users might use Content

Authorized Uses: The same Rules apply to other Users as to you. 

Unauthorized Uses that could happen:  Because Users might not always comply with the rules and these TOU, however, you should always be aware that Content you Post to Pearl and your User Profile information can become public.  For instance, although prohibited under these TOU, a User could right click on a photo that you Posted as Content and copy that photo to a website.  Or, again, as prohibited under these TOU, a User could take a comment that you Posted in a Community and repeat that comment outside the Community or even publicly.

5.  Privacy

How we may use your User Profile:  Your User Profile is public within Pearl.  GSUSA may make any use of the information in your User Profile that it desires to make, except that GSUSA will not disclose the information in your User Profile to non-Users of Pearl except as specifically described in these TOU.  For example, GSUSA will not sell your User Profile information to unaffiliated third parties.

How others might use your User Profile:  Although prohibited by these TOU, other Pearl Users could harvest User Profile data and sell that data to third parties.

How we may use Content that you Post: See above Section 3. Our rights to Content that you Post / How we may use Content

How others might use Content that you Post:  There are inherent risks in sharing information.  No security measures are perfect or impenetrable and we cannot control the actions of other Users.  Because Content that you Post could become public, either intentionally or inadvertently,
you acknowledge that you have no expectation of privacy or confidentiality in any personal or other information you may intentionally or unintentionally disclose on Pearl, even in member-only Projects, Communities, and Council site.  Accordingly, please do not Post any Content whose dissemination might reflect poorly on you, GSUSA, a Girl Scout Council, or a corporation or business with whom GSUSA has an alliance or relationship (including a license).  Once Content is Posted, it might not be possible or practical to withdraw that Content, particularly if it has already been shared outside of Pearl.

How we Protect your User Profile and Content:  Access to Pearl requires use of Password. Users can choose to “Remember Me” feature at the time of login, to take advantage of persistent cookie which allows users to bypass login for up to 3 month or when the cookie is deleted from users’ browsers. We keep account information on a secured server behind a firewall. Pearl uses the industry-standard Secure Socket Layer (SSL) technology to encrypt communication between Pearl and your browser. The encryption process takes the information and converts them into encrypted/coded characters that are then securely transmitted over the Internet.

6.   Trademarks and Copyrights

GSUSA has the sole and exclusive right by virtue of its Congressional Charter, 36 U.S.C. § 80106 et. seq., to have and use all service marks, trademarks, emblems, badges, descriptive or designating marks, and other words now or heretofore used in carrying out its program and is the owner of the GIRL SCOUTS name, service mark, and trademark, and of all other associated names, marks, slogans, insignias, logotypes and designs, including but not limited to the distinctive TREFOIL design mark.

7.   Links to Third Party Sites

CERTAIN LINKS ON PEARL WILL LET YOU LEAVE THE SITE. GENERALLY, THE LINKED SITES ARE NOT UNDER THE CONTROL OF GSUSA AND GSUSA IS NOT RESPONSIBLE FOR THE CONTENTS OR PRIVACY PRACTICES OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. GSUSA IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. GSUSA IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY GSUSA OF THE SITE.

8.   DISCLAIMER OF WARRANTIES

THE MATERIALS ON PEARL ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. GSUSA DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GSUSA DOES NOT WARRANT THAT THE FUNCTIONALITY AND USE OF PEARL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT PEARL OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GSUSA DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

9.   Indemnification

You agree to defend, indemnify, and hold GSUSA harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of Pearl.

10. General Provisions

These TOU will be governed and be interpreted pursuant to the laws of the State of New York, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these TOU or your use of Pearl shall be filed only in the federal courts located in New York. If any part of these TOU is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of Pearl for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of Pearl.

11. Reporting Trademark/Copyright Infringement

If you believe any Content on Pearl violates anyone’s intellectual property rights, please report it using the Reporting Claims of Intellectual Property Infringement link.

12. Termination of User

GSUSA may terminate access of any User to Pearl at any time for any violation of these TOU or any other reason.  If you are an employee of GSUSA,  misuse of Pearl could result in disciplinary action or termination.

13. Questions?

If you have any comments or questions regarding these TOU, you can contact us at:
E-mail: pearl@girlscouts.org


Reporting Claims of Intellectual Property Infringement

GSUSA respects the intellectual property rights of others, and ask Users of Pearl to do the same.  Users must make their own determinations as to what they Post violates anyone’s rights, including copyright rights, trademark rights, defamation, rights of privacy or publicity, or any laws or any contractual or fiduciary relationship.  We may, in appropriate circumstances and at our discretion, disable and/or terminate accounts of Users who may be infringing the intellectual property rights of others.

Copyright:  If you believe that your copyrighted work has been copied, posted or otherwise used in a way that constitutes copyright infringement, please provide our Copyright Agent for notice of claims of copyright or other intellectual property infringement under the Digital Millennium Copyright Act (DMCA) the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright;
  2. a description of the copyrighted work that you claim has been infringed;
  3. a description of the material that you claim infringes on the intellectual property and the location of such material;
  4. your address, telephone number, and email address;
  5. 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;
  6. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

Our Copyright Agent can be reached as follows:

By Email: pearl@girlscouts.org

If we receive such a notification that complies or substantially complies with the DMCA, we reserve the right to refuse or to make private or delete the allegedly infringing content.  We reserve our rights to take action against you if you misrepresent that a fair use constitutes infringement.

If we remove any content, we may notify the user that created or posted the relevant content that it has removed or made private so that the user may make a counter notification under the DMCA. Such counter notification must be provided in writing to our Copyright Agent at the address listed above and must contain:

  1. the user’s electronic or physical signature;
  2. identification of the content that has been removed or to which access has been disabled and the location at which such material appeared before it was removed or disabled, including the complete URL;
  3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
  4. the user’s name, address and telephone number, and a statement that the user consent to the jurisdiction of the Federal District Court for any judicial district in which Amplify may be found and that you will accept service of process from the person who provided the initial notification of infringement.

Upon receipt of a proper counter notification under the DMCA, we will promptly provide the person who provided the initial notification of claimed infringement with a copy of the counter notification and inform that person that it will replace the removed content, in ten (10) to fourteen (14) business days. Additionally, we will replace the removed content ten (10) to fourteen (14) business days following receipt of the counter notice, unless our designated Copyright Agent first receives notice from the person who submitted the initial notification that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the content on the Site or our server.

Other Intellectual Property:

If you believe that your intellectual property has been infringed or used in a way that violates your rights, please provide our IP Agent for notice of claims of intellectual property infringement the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property;
  2. a description of the intellectual property that you claim has been infringed or violated;
  3. a description of the material that you claim infringes on or otherwise violates the intellectual property and the location of such material;
  4. the type of legal violation alleged;
  5. your address, telephone number, and email address;
  6. a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property owner, its agent, or the law;
  7. a statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the intellectual property owner or are authorized to act on the intellectual property owner’s behalf.

Our IP Agent can be reached as follows:

By Email: pearl@girlscouts.org

If we receive such a notification that complies or substantially complies with these requirements, we reserve the right to delete the allegedly infringing content.  We reserve our rights to take action against you if you misrepresent that a fair use constitutes infringement.