User Agreement
This User Agreement governs each website, mobile site, application, electronic publication, and/or other services, regardless of how distributed, transmitted, published, or broadcast (each, a “Service or Publication”) provided by Where Women Create, Inc, its parent, subsidiaries and/or affiliates (“we,” “us,” or “our”) that links to this User Agreement, which is binding on all those who access, visit and/or use the Service or Publication, whether acting as an individual or on behalf of an entity (collectively, “you” or “your”).
Please read this User Agreement carefully along with our Privacy Policy. You can access this User Agreement and our Privacy Policy any time in the footer of the Service’s or Publication’s the home page or initial screen. Your access, visitation and/or use of the Service or Publication, including without limitation any registration on or subscription to any aspect of the Service or Publication, will constitute your agreement to this User Agreement and our Privacy Policy. If you do not agree with the terms and conditions of this User Agreement and Privacy Policy, you may not access, visit and/or use the Service or Publication.
The User Agreement and our Privacy Policy may be modified from time to time by us; in which case we will post a new version on this site or in the Service or Publication. Thus you are urged to return back to this site or the Service or Publication from time to time to read any amended terms. Continued access to the Service or Publication by you will constitute your acceptance of any changes or revisions to the User Agreement and Privacy Policy.
If you breach, violate, fail to follow, or act inconsistently with the rules, restrictions, limitations, terms, and/or conditions that apply to the Service or Publication, as listed in this User Agreement and the Privacy Policy, (collectively, the “Agreement”), we may terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit, and/or use the Service or Publication or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, with or without notice, in addition to our other remedies. In addition, we may refuse to provide you with any future access, visitation, and/or use of the Service or Publication. We reserve the right, in addition to our other remedies, to take any technical, legal, and/or other action(s) that we deem necessary and/or appropriate, with or without notice, to prevent violations and enforce the Agreement and remediate any purported violations. You acknowledge and agree that we have the right hereunder to an injunction without posting a bond to stop or prevent a breach or violation of your obligations under the Agreement.
Among other things, the Agreement governs all text, articles, photographs, images, graphics, illustrations, creative, copy, artwork, video, audio, music, podcasts, ringtones, games, trademarks, trade names, Service or Publication marks, and other brand identifiers, designs, plans, software, source and object code, algorithms, data, statistics, analysis, formulas, indexes, registries, repositories, and all other content, information, and materials (collectively, “Content”) available on or through the Service or Publication, whether posted, uploaded, transmitted, sent or otherwise made available by us, our licensors, vendors, and/or Service or Publication providers, or by you, and/or other users or third parties, including any such Content, uploaded manually or bookmarked by you and/or other users.
MONITORING AND COMPLAINTS AGAINST OTHER USERS
Monitoring
We strive to provide an enjoyable online experience for our users, so we may monitor activity on the Service or Publication, including in the social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, and other classified ads, and elsewhere, to foster compliance with the Agreement. You hereby specifically agree to such monitoring. Nevertheless, we do not make any representations, warranties, or guarantees that: (1) the Service or Publication, or any portion thereof, will be monitored for accuracy or unacceptable use, or that any apparent statements of fact will be authenticated. We also do not make any representations, warranties, or guarantees that we will take any specific action (or any action at all) in the event of a challenge or dispute regarding compliance or non-compliance with the Agreement. We generally do not pre-screen Content before it is posted, uploaded, transmitted, sent, or otherwise made available on or through the Service or Publication by users, so you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement.
What to Do if You Have a Complaint Against Another User
Remember that by using the publicly accessible portions of our Service or Publication you may be exposed to Content that is opinionated, offensive, and/or inappropriate, including Content that violates the Agreement, but not all of such Content is actionable. We ask that you not use the Service or Publication, or lodge complaints against other users, to facilitate a personal dispute. If you have a legitimate complaint about another user, please do the following:
Harassment: If you have reason to believe that another person is using the Service or Publication in a way that is harmful to you (e.g., to impersonate or imitate you, or to stalk, bully, threaten, intimidate or otherwise harass you), we urge you to contact your local authorities or appropriate state or federal agencies.
Copyright Complaints: If you have reason to believe that your Content has been copied and/or is accessible on the Service or Publication in a way that constitutes copyright infringement, or that the Service or Publication contains links or other references to another site, application, destination or Service or Publication that contains Content or activity that infringes your copyright rights, you may notify us as described below in the section entitled Copyright Complaints.
IMPORTANT: FALSE OR INACCURATE ACCUSATIONS THAT OTHERS HAVE COMMITTED A CRIME, INAPPROPRIATE ACT, OR VIOLATION OF THIS AGREEMENT, COULD BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAW, OR OTHERWISE EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES).
SENSITIVE INFORMATION DISCLAIMER
While you may freely discuss topics of interest to you, and the Service or Publication may include general Content relating to a range of topics, including medical, health, legal, tax, or financial issues, you should not rely on the Service or Publication for individual advice on such issues. Instead, we recommend that you talk in person with a qualified professional. You alone will bear the sole responsibility for evaluating the merits and/or risks associated with the use of Content obtained on or through this Service or Publication before making any decisions based on such Content.
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS, AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. WE DO NOT WARRANT THAT THE SITE OR THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS, OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. THE SITE PROPRIETOR ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE TRY TO ENSURE THAT THE INFORMATION POSTED ON THE SITE IS CORRECT AND UP-TO-DATE. WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS, OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.
THE INFORMATION ON THE SITE (INCLUDING WITHOUT LIMITATION ANY BLOG POSTS) IS PROVIDED WITH THE UNDERSTANDING THAT THE SITE PROPRIETOR (AND IN THE CASE OF BLOGS, THE BLOGGERS) ARE NOT ENGAGED IN RENDERING MEDICAL ADVICE OR RECOMMENDATION. YOU SHOULD NOT RELY ON ANY INFORMATION ON THE SITE OR BLOGS TO REPLACE CONSULTATIONS WITH QUALIFIED HEALTHCARE PROFESSIONALS TO MEET YOUR INDIVIDUAL MEDICAL NEEDS. PATIENTS AND THEIR CARETAKERS SHOULD CONSULT WITH A QUALIFIED HEALTHCARE PROFESSIONAL BEFORE UNDERTAKING ANY TREATMENT.
YOU SHOULD NOT RELY ON THE SITE TO MAINTAIN ANY DATA OR INFORMATION YOU SUBMIT; YOU SHOULD RETAIN ALL SUCH DATA AND INFORMATION IN YOUR OWN RECORDS FOR USE IN THE EVENT THAT THE SITE FAILS OR IS UNAVAILABLE, OR THE DATA OR INFORMATION IS LOST.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, THE SITE PROPRIETOR AND ITS AFFILIATES, SUPPLIERS, AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS, AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH THE SITE PROPRIETOR OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY THE SITE PROPRIETOR “AS IS, EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND THE SITE PROPRIETOR OR ITS LICENSOR OR SUPPLIER.
REGISTRATION
Registration Information
We may at times require that you register for certain products and/or Services or Publications, and/or make purchases, or register and/or set up an account/profile to access, visit, and/or use certain portions of the Service or Publication, or the Service or Publication as a whole, in which case you may be provided, or required to choose, a password and/or User ID, and you may provide a credit, debit, or charge card number, or other payment information, as well as your name, telephone number(s), email and/or street address, and other personally identifiable information. Other information such as your age, gender, and the number for your mobile or other devices may also be requested. In addition, you may be asked to send us similar information via messaging (e.g., email, SMS, MMS, or other technologies). All such information shall be referred to in the Agreement as your “Your Information”. We may use and share you’re Your Information as described in our Privacy Policy.
You agree, represent, warrant, and guarantee that all Registration Information provided by you is true, accurate, complete, up-to-date, and solely yours. You may not impersonate, imitate or pretend to be somebody else when registering and/or setting up an account/profile on the Service or Publication. If any of your Registration Information changes, you must update it promptly by using the mechanism or contact information on the Service or Publication that allows you to change or update your Registration Information, if available. If no such mechanism or contact information is available on the Service or Publication, please. contact us, as specified in our Privacy Policy. WE AND OUR INDEMNITEES (AS DEFINED BELOW), SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE, OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. NEITHER WE NOR OUR INDEMNITEES SHALL BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
You are solely responsible for all access or visitation to, usage of, or activity on, your account/profile including, but not limited to, use of the account/profile by any person who uses your Registration Information, with or without authorization, or who has access to any computer, mobile or other devices on which your account/profile resides or is accessible. You acknowledge and agree that we may, and you specifically authorize us to, process all transactions, including without limitation purchases and/or registration for additional merchandise, products, and/or Service or Publications, including without limitation Content, that are initiated by use of your Registration Information.
If you have reason to believe that your account/profile is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your Registration Information), you must immediately change the affected Registration Information by using the mechanism or contact information on the Service or Publication, if available, and/or close the account/profile. If no such mechanism or contact information is available on the Service or Publication, please immediately contact us, as specified in our Privacy Policy.
You will be solely responsible for maintaining the confidentiality of your Registration Information. You may not authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service or Publication by use of your account/profile and/or Registration Information. You may not access and/or use anyone else’s Registration Information, or access, visit, and/or use the Service or Publication by use of anyone else’s account/profile and/or Registration Information. You may not sub-license, transfer, sell, rent or assign your Registration Information to any third party without our written approval. Any attempt to do so will be null and void and shall be considered a material breach of the Agreement.
Fees and Payments
We and our licensors, vendors, and/or Service or Publication providers may charge you fees for merchandise, products, and/or Service or Publications, including without limitation Content, offered for sale or rental on or through the Service or Publication, and/or for access to portions of the Service or Publication or the Service or Publication as a whole. You agree to pay all fees and charges, including applicable taxes and surcharges, incurred through your activity on or through the Service or Publication and/or through your account/profile at the rates in effect for the billing period in which such fees and charges are incurred (such fees, charges, taxes, and surcharges shall collectively be referred to as “Fees”). Unless otherwise specified in the Service or Publication, all Fees will be quoted and charged in U.S. dollars. We and our licensors, vendors, and/or Service or Publication providers reserve the right to change the amount of, or basis for determining, any Fees, and to institute new Fees, effective upon publication of such revised pricing on the Service or Publication.
We may charge Fees in advance and on a daily, monthly, yearly, lump sum, or other bases. If you submit a credit, debit, or charge card number, or other payment information to us upon registration, at the time of purchase, or otherwise, you authorize, give us permission, and direct us to retain such information and to charge all Fees to such payment method. All Fees are due promptly and are non-refundable. You must notify us about any billing problems or discrepancies within thirty (30) days after they first appear on your statement; otherwise, you waive any right to challenge or dispute such problems or discrepancies.
If Fees cannot be charged to the payment method you designate or payment is returned to us for any reason, including chargeback, we reserve the right, in addition to our other remedies, too (i) demand immediate payment of all outstanding Fees due to us from you; (ii) assess an additional 1.0 percent late charge, or the highest amount allowed by law, whichever is lower; (iii) take any and all lawful steps necessary to collect Fees owed to us, and you will be responsible for all costs and expenses incurred in connection with such collection activity, including collection fees, court costs, and attorneys’ fees; (iv) charge such Fees to any other payment method you have on file with us; and (v) terminate, discontinue, suspend, and/or restrict your account/profile, your ability to access, visit and/or use the Service or Publication or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder.
In addition, you are responsible for obtaining and maintaining at your own expense all equipment, hardware, software, telephone, mobile, wireless, Internet and other Service or Publications necessary to access, visit and/or use the Service or Publication. If you are accessing the Service or Publication via a mobile device, your mobile carrier may charge you fees for data, text messaging, and other mobile access or communications Service or Publications.
ACCEPTABLE USE
Acceptable Use
You shall ensure that all equipment, hardware, software, products, and/or Service or Publications you use to access, visit, or use the Service or Publication does not disturb or interfere with our operation of the Service or Publication, or impede or interfere with others’ access, visitation and/or use of the Service or Publication. We reserve the right, in addition to our other remedies, with or without notice, to immediately disconnect from the Service or Publication any equipment, hardware, software, product, and/or Service or Publications causing interference with us, our licensors, vendors, Service or Publication providers, the Service or Publication or any Content.
Unless otherwise specified, the Service or Publication is intended for your personal, non-commercial use only. You are solely responsible for all usage of, or activities on, the Service or Publication by you and by those you authorize or allow to use, or provide access to, the Service or Publication, for example, by authorizing or allowing access to your account/profile or any computer, mobile or other devices on which the Service or Publication resides or is accessible.
You acknowledge that we have not reviewed and do not necessarily endorse the Content of sites, applications, destinations, or Service or Publications linked to or accessible from this Service or Publication and are not responsible for the Content or actions of any other sites, applications, destinations or Service or Publications. Your linking to or accessing any other site, application, destination Service, or Publication is at your sole risk.
The Service or Publication is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. Such users are expressly prohibited from registering for the Service or Publication or submitting their personally identifiable information to us, and from using portions of the Service or Publication for which registration is required.
You must comply with all local, state, federal, provincial, national, international, and foreign laws, rules, and regulations (including applicable import and export control laws, rules, and regulations of the United States and other countries) in accessing and using the Service or Publication, and will immediately notify us if you learn of or suspect a security breach or any illegal activity in connection with the Service or Publication. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Content that is provided by us, our licensors, vendors, and/or Service or Publication providers, including without limitation photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service or Publication marks, and other brand identifiers, the organization, design, compilation, and “look and feel” of the Service or Publication, and all advertising thereon, is protected by local, state, federal, provincial, national, international, and foreign copyright, trademark and other intellectual property laws, rules, and regulations, and is the property of us or our licensors, vendors and/or Service or Publication providers.
Certain Content may be made available to you on or through the Service or Publication for download, installation, and/or streaming. Such Content is subject to the same terms, conditions, limitations, and restrictions applicable to all Content provided by us, our licensors, vendors, and/or Service or Publication providers. You must, in addition to all of your other obligations, use such Content only to the extent expressly authorized for the particular Content, and you may not use such Content in a manner that exceeds such authorization.
Restrictions
You may not, nor may you allow others, to directly or indirectly, do any of the following for any reason:
Access and/or use anyone else’s Registration Information, or access, visit, and/or use the Service or Publication by use of anyone else’s account/profile and/or Registration Information;
Authorize or permit anyone else to access and/or use your Registration Information, or access, visit, and/or use the Service or Publication by use of your account/profile and/or Registration Information or impersonate, imitate, or pretend to be somebody else;
Make any commercial, advertising, promotional, or marketing use of the Service or Publication and/or Content, including without limitation the photos, images, text, music, audio, videos, podcasts, trademarks, trade names, Service or Publication marks, and other brand identifiers of us, our licensors, vendors, and/or Service or Publication providers obtained on or through the Service or Publication, except as permitted by the Copyright Act or other law or as expressly permitted in writing by the Agreement, us or the Service or Publication;
Post, upload, transmit, send, or otherwise make available on or through the Service or Publication any Content that constitutes junk mail, spam, pyramid schemes, chain letters, phishing, advertising, and/or commercial offers;
Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content you may post, upload, transmit, send, or otherwise make available on or through the Service or Publication;
Use any bots, cheats, macros, scripts, or any form of auto-responder, or use any other automated process;
Copy, harvest, crawl, index, scrape, spider, mine, gather, extract, compile, obtain, aggregate, capture, or store any Content;
Engage in personal attacks, use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service or Publication any Content about an individual that is, abusive, intimidating, bullying, harassing, hateful, violent, or that victimizes, degrades, defiles or disparages an individual, on or through the Service or Publication;
Use any language that is, or post, upload, transmit, send or otherwise make available on or through the Service or Publication of any Content about a group that is, hateful, violent, or that victimizes, degrades, defiles, or disparages any group based on race, gender, religion, national origin, disability, sexual orientation, or age, or otherwise engage in what we deem to be racism, sexism, ageism, religious intolerance, bigotry, ethnic slurs, or homophobia;
Use any language, or post, upload, transmit, send, or otherwise make available on or through the Service or Publication any Content that may or is intended to enable, authorize, instruct, encourage, assist, suggest, or promote activities that incite violence, constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, federal, provincial, national, international, or foreign law, rule or regulation, including without limitation defamation, child pornography, fraud, or invasion of privacy;
Use any language that is, or post, upload, transmit, send, or otherwise make available on or through the Service or Publication of any Content that is pornographic, obscene, sexually explicit, perverse, illicit, indecent, lewd, or lascivious;
Use any language, or post, upload, transmit, send, or otherwise make available on or through the Service or Publication any Content that we deem to be offensive, immoral, vulgar, crude, harmful, violent, deceptive, or otherwise inappropriate;
Post, upload, transmit, send, or otherwise make available on or through the Service or Publication any Content that you are bound to not disclose, by agreement, contract, fiduciary duty, employment relationship, or otherwise, such as insider information, proprietary and/or confidential information, or trade secrets;
Provide professional advice or post, upload, transmit, send, or otherwise make available on or through the Service or Publication any Content intended to provide professional advice about medical, health, legal, tax, financial, or investment issues, or to solicit, recommend, or endorse any securities or financial instruments, or suggest that a particular transaction or investment strategy is suitable for you or any specific person;
Post, upload, transmit, send, or otherwise make available on or through the Service or Publication any Content that infringes, violates, or breaches the copyright, trademark, trade secret, or any other personal or proprietary right of us, our licensors, vendors, Service or Publication providers, other users, and/or any third party;
Copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, or erase any copyright, trademark, or other proprietary legends, symbols, marks, or notices on the Service or Publication, or attempt to circumvent any mechanisms for preventing the unauthorized reproduction or distribution of Content;
Copy, reproduce, modify, change, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse engineer, decipher, decompile, disassemble, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, or use any Content obtained on or through the Service or Publication, in whole or in part, except as permitted by the Copyright Act;
Reverse engineer, decipher, decompile, disassemble, or otherwise attempt to derive any source code or underlying ideas or algorithms of the Service or Publication, in whole or in part; or
Post, upload, transmit, send, or otherwise make available on or through the Service or Publication any software disabling devices, time bombs, Trojan horses, cancelbots, viruses, worms, bugs, corrupted files, spyware, adware, malware, malicious programs or code, or devices or defects of similar nature.
Comments on Service or Publication are Not Necessarily Endorsed by Us
We do not necessarily endorse, support, sanction, encourage, verify, or agree with the comments, opinions, or statements posted, uploaded, transmitted, sent, or otherwise made available on or through the Service or Publication, including without limitation in our social, community, and public discussion areas, photo and video galleries, bulletin boards, forums, chats, blogs, columns, articles, personal/job search, and other classified ads, contests/sweepstakes, or elsewhere. Any Content posted, uploaded, transmitted, sent, or otherwise made available on or through the Service or Publication, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent our views or the views of our licensors, vendors, and/or Service or Publication providers. You agree that we and our licensors, vendors, and/or Service or Publication providers are not responsible, and shall have no liability to you, with respect to any Content posted, uploaded, transmitted, sent, or otherwise made available on the Service or Publication, including Content that violates the Agreement.
Use of Content Supplied by You
You represent and warrant to us that you are the original creator of any Content you post, upload, transmit, send, or otherwise make available on or through the Service or Publication and that you own or otherwise control all rights to such Content. Except as expressly provided otherwise in the Agreement, you retain ownership of all rights, title, and interests in such Content. However, by posting, uploading, transmitting, sending, or otherwise making available Content, registering for the Service or Publication, or engaging in any other form of communication with us (on or through the Service or Publication or otherwise) you irrevocably grant us a royalty-free, non-exclusive, unrestricted, worldwide, perpetual, right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, sublicense, syndicate, or otherwise provide to others, use, or change all such Content and communications in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so. Among other things, this means that we may use any ideas, suggestions, developments, and/or inventions that you post, upload, transmit, send, or otherwise make available in any manner as we see fit without any compensation or attribution to you. In any event, you should make copies of or otherwise back-up any and all Content, personal data, or communications you post, upload, transmit, send or otherwise make available on or through the Service or Publication that you may wish to retain. Please be aware that Content you disclose in publicly accessible portions of the Service or Publication may be available to other users, so you should be mindful of personally identifiable information and sensitive Content you may wish to post. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF CONTENT OR PERSONALLY IDENTIFIABLE INFORMATION YOU POST, UPLOAD, TRANSMIT, SEND, OR OTHERWISE MAKE AVAILABLE ON THE SERVICE OR PUBLICATION.
Editing, Additions, and Deletions
We reserve the right, but undertake no duty, in our sole discretion, with or without notice, to review, edit, move, add, delete, or otherwise change any features, functionality, and/or Content available on or through, or downloadable from, the Service or Publication, including without limitation any Content in your account/profile, or any of your messages, posts, or threads. This includes updates or upgrades to Content, automatic or otherwise. You agree to accept, and to take no action to interfere with, automatic upgrades or updates. Any changes to the Service or Publication may not be consistent across all platforms, computers, or devices. If you do not refresh the Service or Publication after each such change, or download the update(s) or upgrade(s), your experience may not reflect the most recent features, functionality, and/or Content, for which we disclaim any and all responsibility and liability. If any changes require you to obtain new, additional, or different equipment, hardware, software, and/or telephone, mobile, wireless, Internet, and/or other Service or Publications, you are solely responsible for any additional expense. Even after Content is removed from your account/profile, your messages, post(s), and/or threads, regardless of whether such removal or deletion is by you or by us, copies of that Content may be retained and/or remain viewable by us, our licensors, vendors, Service or Publication providers and/or other third parties, including other users.
Products Available on or through the Service or Publication
We may receive a commission, fee, and/or other compensation on some purchases made on, through, or linked from the Service or Publication.
Nothing on the Service or Publication constitutes a binding offer to sell, rent, auction, distribute or give away merchandise, products, and/or Service or Publications, including without limitation Content. We reserve the right at any time after receipt of your order or bid to accept or decline such order or bid, or any portion thereof, or to not ship to particular addresses, even after your receipt of an order or bid confirmation or after you have been charged. Any prices displayed on the Service or Publication are quoted in U.S. dollars and are intended to be valid and effective only in the United States. In the event merchandise, products, and/or Service or Publications, including without limitation Content, are listed at an incorrect price, we have the right to refuse or cancel orders or bids placed at the incorrect price, regardless of whether the order or bid has been confirmed or you have been charged. If your order or bid is canceled by us after you have been charged, we will issue a credit. We reserve the right at any time to limit the quantities of merchandise, products, and/or Service or Publications, including without limitation Content, which you, your family, or any group seek.
Images available on or through the Service or Publication of merchandise or products, including without limitation Content, may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of such merchandise or products.
WE MAKE NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES WITH RESPECT TO ANY OF THE MERCHANDISE, PRODUCTS, AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, FEATURED, MENTIONED, DESCRIBED, AUCTIONED, DISTRIBUTED, GIVEN AWAY, RENTED, SOLD, OR OTHERWISE AVAILABLE ON OR THROUGH THE SERVICE OR PUBLICATION. ALL TRANSACTIONS FOR MERCHANDISE, PRODUCTS, AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, SHALL BE BETWEEN THE USER AND THE THIRD-PARTY SELLER, DISTRIBUTOR, OR MANUFACTURER WITHOUT ANY INVOLVEMENT BY THE US. THESE THIRD PARTIES MAY REQUIRE THAT YOU AGREE TO THEIR ADDITIONAL TERMS, CONDITIONS, CONTRACTS, AGREEMENTS, AND/OR RULES.
IF YOU BID ON, PURCHASE, ORDER, OBTAIN OR RESEARCH MERCHANDISE, PRODUCTS, AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, ON OR THROUGH THE SERVICE OR PUBLICATION, NOTE THAT NEITHER WE NOR OUR INDEMNITEES HAVE ANY CONTROL OVER, OR ASSUME RESPONSIBILITY FOR, THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS, THE TRUTH OR ACCURACY OF THE LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS.
Copyright Complaints
If you have reason to believe that your Content has been copied and/or is accessible on the Service or Publication in a way that constitutes copyright infringement, or that the Service or Publication contains links or other references to another site, application, destination or Service or Publication that contains Content or activity that infringes your copyright rights, you may notify us by providing a document via fax, first-class U.S. mail, or e-mail that includes the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Service or Publication are covered by a single notification, a representative list of such works at the Service or Publication;
Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate such copyrighted work;
Information reasonably sufficient to enable us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the copyrighted work in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For communications on other matters, please contact us through the means described on the Service or Publication, if available (for example, in the “Contact Us” section), or if no such means are specified, contact us as specified in our Privacy Policy.
Indemnification
You agree to indemnify, defend and hold harmless us, our licensors, vendors, Service or Publication providers, and each of our and their respective officers, directors, members, employees, independent and sub-contractors, agents, representatives, successors, and assigns (collectively, “Indemnitees”) from and against any and all claims, disputes, demands, proceedings, cause of action, judgments, damages, liabilities, losses, costs or expense (including, but not limited to reasonable attorneys’ fees) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “Claims”) which may arise out of or are in any way connected with your access, visitation and/or use of the Service or Publication, your Content, unauthorized use of Content obtained on or through the Service or Publication, breach or alleged breach of the Agreement, or from any of your acts or omissions in connection with the Service or Publication.
Disclaimer of Warranty and Limitation of Liability
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE OR PUBLICATION AT YOUR OWN RISK. THE SERVICE OR PUBLICATION IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ON AN “AS AVAILABLE” BASIS, AND WE AND OUR INDEMNITEES HEREBY EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES, AND GUARANTEES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY CONTENT CONTAINED THEREIN OR PROVIDED BY US OR THE SERVICE OR PUBLICATION. WE AND OUR INDEMNITEES DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT ACCESS TO THE SERVICE OR PUBLICATION AND/OR COMMUNICATIONS OR MESSAGING FROM OR TO US OR YOU WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE, OR THAT THERE WILL BE NO FAILURES, DELAYS, INACCURACIES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED CONTENT, OR THAT NO SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE WILL BE TRANSMITTED ON OR THROUGH THE SERVICE OR PUBLICATION, AND WE AND OUR INDEMNITEES WILL NOT BE LIABLE IN THE EVENT OF ANY SUCH OCCURRENCE.
WE AND OUR INDEMNITEES SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ALLEGEDLY SUSTAINED ARISING OUT OF THE AGREEMENT, THE SERVICE OR PUBLICATION, THE SALE, PURCHASE, RECEIPT, USE OR MISUSE OF ANY MERCHANDISE, PRODUCTS AND/OR SERVICE OR PUBLICATIONS, INCLUDING WITHOUT LIMITATION CONTENT, YOUR ABILITY OR INABILITY TO ACCESS, VISIT AND/OR USE THE SERVICE OR PUBLICATION, INCLUDING DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, OR FOR SOFTWARE DISABLING DEVICES, TIME BOMBS, VIRUSES, WORMS, BUGS, OR DEVICES OR DEFECTS OF SIMILAR NATURE ALLEGED TO HAVE BEEN OBTAINED FROM THE SERVICE OR PUBLICATION, YOUR ACCESS, VISITATION, AND/OR USE OF, OR RELIANCE ON, THE SERVICE OR PUBLICATION OR ANY OF THE MERCHANDISE, PRODUCTS, SERVICE OR PUBLICATIONS AND/OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE OR PUBLICATION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO US FOR THE APPLICABLE SERVICE OR PUBLICATION DURING THE THREE-MONTH PERIOD IN WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE AGREEMENT IS NOT SUBJECT TO THE LAWS OF SUCH STATES, BUT TO THE EXTENT A CLAIM IS BROUGHT THEREIN, OUR LIABILITY AND WARRANTIES ARE LIMITED TO THE EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR”.
Termination or Suspension of the Service or Publication, Your Use of the Service or Publication, and/or the Agreement
We reserve the right, in addition to our other remedies, to terminate, discontinue, suspend, and/or restrict the Service or Publication, your account/profile, your ability to access, visit and/or use the Service or Publication, or any portion thereof, and/or the Agreement, including without limitation any of our purported obligations hereunder, for any or no reason, with or without notice.
Even if the Service or Publication, your ability to access, visit and/or use the Service or Publication or any portion thereof, and/or the Agreement is terminated, discontinued, suspended, or restricted, by you or by us, we have no obligation to (but we may in our discretion) remove any Content, and therefore copies of all information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent or otherwise made available on or through the Service or Publication, may be retained and/or remain viewable by us, our licensors, vendors, Service or Publication providers and/or other third parties, including other users. Nevertheless, we have no obligation to retain, store, or provide you with any information with regard to your account/profile and/or Content you may have posted, uploaded, transmitted, sent, or otherwise made available on or through the Service or Publication. All provisions of the Agreement shall survive the termination or expiration of the Agreement and/or your account/profile.
Communications to You
The communications between you and us usually use electronic means, whether you access, visit, or use the Service or Publication, send us messages, or whether we post notices on the Service or Publication or communicate with you via messaging. For contractual purposes, you (a) consent to receive communications from us in electronic form; and (b) agree that all notices, documents, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Your consent to receive communications and do business electronically and your agreement to do so applies to all of your interactions and transactions with us.
You understand and agree that joining the Service or Publication may include receiving certain communications from us, such as transactional or relationship messages, and/or messages about your account/profile, and that these communications are considered part of your account/profile and you may not be able to opt out of receiving them without ceasing to be a registered user of the Service or Publication.
Disputes and Jurisdiction
The Service or Publication is based in the United States. It is not designed, customized, or intended for, or directed to, any other country. Those who choose to access, visit, and/or use the Service or Publication do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. We make no representation, warranty, or guarantee that the Service or Publication, or any merchandise, products, Service or Publications, and/or Content available on or through the Service or Publication are appropriate, available, or legal in any particular geographic location.
In any dispute between us, your sole remedy is to stop using your account/profile and/or the Service or Publication, including without limitation canceling any Fee-based Service or Publications. This includes any dispute related to or arising out of: (i) rules, restrictions, limitations, terms, and conditions that apply to the Service or Publication, whether listed in this Agreement or the Privacy Policy, posted at various points in the Service or Publication, or otherwise communicated to you, including our enforcement, non-enforcement, or application of any such rules; (ii) any of our policies and/or practices, including our enforcement, non-enforcement, or application of any such policies and/or practices; (iii) any Content available on or through the Service or Publication, or any edits, deletions, additions, or other changes thereto; (iv) your ability or inability to access, visit and/or use portions of the Service or Publication, or the Service or Publication as a whole, or features, functionality, and/or Content available on or through the Service or Publication; or (v) the amount, type, and/or basis for determining any Fees, any changes thereto, or additional Fees.
You agree that in the event of any dispute between us, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action. In the event of any court action, all disputes will be resolved individually, without resorting to any class action, and you specifically waive your right to a trial by jury. Furthermore, you agree that any cause of action must commence within one (1) year after the underlying issue first arose; otherwise, you waive any right to bring such cause of action, and such cause of action is permanently barred.
You agree that, regardless of where you access, visit, and/or use the Service or Publication, all issues concerning the construction, validity, interpretation, and enforceability of the Agreement shall be governed and construed in accordance with the laws of the United States, and in particular the Commonwealth of Massachusetts, without regard to any principles of conflict of laws. Any disputes that result in court action will be resolved exclusively by a state or federal court located in Boston, Massachusetts, and you specifically consent to the personal jurisdiction of such courts and waive any claim of forum non-conveniens. Should there be a conflict between the laws of the Commonwealth of Massachusetts and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Massachusetts.
If for any reason a court of competent jurisdiction finds any provision of the Agreement, or portion thereof, to be invalid or unenforceable, that provision or portion will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of the Agreement will continue to be valid and enforceable in full force and effect.
Miscellaneous
We reserve the right to post, from time to time, additional rules that apply to certain portions of the Service or Publication, or the Service or Publication as a whole. Such additional rules will be posted in the relevant portions of the Service or Publication, and are hereby incorporated into the Agreement by this reference. Your continued access, visitation, and/or use of the Service or Publication constitutes your agreement to comply with these additional rules.
The rules, restrictions, limitations, terms, and conditions that apply to the Service or Publication, whether listed in this Agreement or the Privacy Policy, posted at various points in the Service or Publication, or otherwise communicated to you, constitute the Agreement and entire understanding between the parties, and supersedes prior agreements between the parties, whether oral or written, with respect to the subject matter hereof. Unless explicitly stated in writing by us, any new or additional features, functionality, or Content that augment or enhance the Service or Publication, including the release of updates, upgrades, new products, and/or Service or Publications, shall be subject to the terms and conditions of the Agreement.
Any delay or failure by us to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by us shall have effect unless such waiver is set forth in writing, signed by us; nor shall any such waiver of any breach or default constitute a waiver of any subsequent breach or default.
If we have provided you with a translation of the English language version of this Agreement, then you agree that the translation is provided for your convenience only and that the English language versions of the Agreement will govern your relationship with us. If there is any contradiction between what the English language version of the Agreement says and what a translation says, then the English language version shall take precedence.
We may sub-license, transfer, sell, or assign the Agreement, and/or any of our purported obligations hereunder, at any time to any person or entity, with or without notice. You may not sub-license, transfer, sell, or assign the Agreement at any time to any person or entity, and any attempt to do so will be null and void.
