1. Your Acceptance. WOMEN’S ENEWS is owned and operated by ("WOMEN’S ENEWS"). By using WOMEN’S ENEWS or any of the content, features, applications, or other services available on or through WOMEN’S ENEWS (collectively, the "Web Site"), you are confirming your assent to all the terms of this User Agreement. If you do not agree to all of the terms in this User Agreement, you may not use the Web Site.
2. User Agreement Changes. We reserve the right to, from time to time, change the terms of this User Agreement without notice to you. Any changes to this User Agreement shall become a part of this User Agreement and shall apply as soon as they are posted on the Web Site; your continued use of the Web Site confirms your assent to all of the terms of this User Agreement as changed.
3. Web Site Changes. We reserve the right to, from time to time, modify or discontinue, temporarily or permanently, the Web Site (or any part thereof) with or without notice to you. You agree that WOMEN’S ENEWS shall not be liable to you or any third-party for any modification, suspension or discontinuance of the Web Site (or any part thereof).
4. Membership. By attempting to become a registered member of the Web Site ("Members"), you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Web Site does not violate any applicable law or regulation.
5. No Commercial Use. The Web Site is for personal use of Members and other users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by WOMEN’S ENEWS. Commercial advertisements, affiliate links, and other forms of commercial solicitation, including without limitation any attempt to collect personal information of Members or other users, may be removed from the Web Site without notice and the violator's access or membership privileges to all or any part of the Web Site may be restricted, suspended or terminated. Appropriate legal action will be taken for any illegal or unauthorized use of the Web Site.
6. Monitoring. It is impossible for WOMEN’S ENEWS to review all Comments or conduct on the Web Site without detracting from the benefits of the Web Site's community features. It is necessary and important for Members and other users to understand that WOMEN’S ENEWS makes no warranties, express or implied, as to Comments or to the accuracy and reliability of Comments on the Web Site. WOMEN’S ENEWS may delete any User-Created Comments that, in its sole discretion, violates this User Agreement. However, WOMEN’S ENEWS assumes no responsibility for monitoring the Web Site for inappropriate User-Created Comments or conduct. If at any time WOMEN’S ENEWS chooses, in its sole discretion, to monitor the Web Site, WOMEN’S ENEWS nonetheless assumes no responsibility for the User-Created Comments or conduct, no obligation to modify or remove any inappropriate User-Created Comments, and no responsibility for the conduct of Members or other users. You are solely responsible for User-Created Content that you post on or through the Web Site and for your interactions with Members and other users. WOMEN’S ENEWS does not endorse and has no control over User-Created Comments. User-Created Comments are not necessarily reviewed by WOMEN’S ENEWS prior to posting and does not necessarily reflect the opinions or policies of WOMEN’S ENEWS.
7. Prohibited User-Created Content and Conduct. The following is a partial list of the types User-Created Comments/Content that is illegal and/or prohibited to post on or through the Web Site. WOMEN’S ENEWS reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates this section. Such action may include without limitation removing the offending User-Created Content/Comments from the Web Site and restricting, suspending or terminating the violator's access or membership privileges to all or any part of the Web Site. Prohibited User-Created Content/Comment includes without limitation any User-Created Content that, in WOMEN’S ENEWS's sole discretion:
· contains personal attacks on Members and/or other users
· contains patently offensive subject matter, including without limitation any statements or materials that promote racism, bigotry, hatred and/or physical harm of any kind against any group or person
· contains nudity or violence
· contains information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous
· promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated or links to pirated music, movies, video games or other copyrighted works
· involves unsolicited e-mail ("spamming"), unsolicited instant messages ("spimming") or "chain" e-mails, "chain" instant messages or other unsolicited communications with Members or other users
· contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page)
· furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including without limitation making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses
· contains commercial activities and/or sales without prior written consent of WOMEN’S ENEWS, including without limitation contests, sweepstakes, bartering, advertising or pyramid schemes
· contains a photograph of another person that you have posted without that person's verifiable permission
The following is a partial list of the types of conduct that is illegal and/or prohibited on the Web Site and through your use of the Web Site. WOMEN’S ENEWS reserves the right to investigate and take appropriate action against anyone who, in its sole discretion, violates this section. Such action may include, without limitation, reporting you to law enforcement authorities and/or restricting, suspending or terminating the violator's access or membership privileges to all or any part of the Web Site. Prohibited conduct includes, without limitation, the following:
· criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, sending of viruses or other harmful files, copyright infringement, patent infringement or theft of trade secrets
· advertising to, or solicitation of, any Member or other user to buy or sell any products or services through the Web Site
· attempting to impersonate another person
· using the account, username, or password of another Member at any time or disclosing your password to any third-party or permitting any third-party to access your account
· using any information obtained from the Web Site in order to harass, abuse or harm another person
· using the Web Site in a manner inconsistent with any and all applicable laws and regulations
8. Copyrights and Trademarks. All content included on the Web Site, such as text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, interfaces, code and software, is the property of WOMEN’S ENEWS or its content suppliers and protected by United States and international copyright laws. The compilation of all content on the Web Site is the exclusive property of WOMEN’S ENEWS and protected as a collective work by United States and international copyright laws. Copyright 2009 Womens’s eNews, Inc. ALL RIGHTS RESERVED. All trademarks, service marks and trade names (collectively, "Marks") that ever appear on the Web Site are common law or registered trademarks of and are proprietary to WOMEN’S ENEWS or other respective owners who have granted WOMEN’S ENEWS the right to use such Marks.
9. Copyright Infringement Notice. WOMEN’S ENEWS respects the intellectual property of others and we ask Members and users to do the same. WOMEN’S ENEWS will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, WOMEN’S ENEWS will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide WOMEN’S ENEWS the following information. Please be advised that to be effective, the notification must include ALL of the following:
· a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed
· 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 Web Site;
· your address, telephone number, email address and all other information reasonably sufficient to permit WOMEN’S ENEWS to contact you
· 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
· 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 authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Notices of claimed copyright infringement should be directed to:
By mail: Women's eNews
6 Barclay Street, Sixth floor
New York NY 10007
By fax: 212-244-2320
By Email: email@example.com (Subject Line: "Notice of Infringement")
IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING WOMEN’S ENEWS THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
11. Disclaimers. YOU AGREE THAT YOUR USE OF THE WEB SITE SHALL BE AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED "AS IS." TO THE FULLEST EXTENT PERMITTED BY LAW, WOMEN’S ENEWS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEB SITE AND YOUR USE THEREOF. WOMEN’S ENEWS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT OR THE CONTENT OF ANY THIRD-PARTY WEB SITES LINKED TO THE WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (a) ERRORS, MISTAKES OR INACCURACIES OF CONTENT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEB SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD-PARTY, AND/OR (f) ANY ERRORS OR OMISSIONS IN ANY USER-CREATED CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER-CREATED CONTENT POSTED ON OR THROUGH THE WEB SITE. YOU SPECIFICALLY ACKNOWLEDGE THAT WOMEN’S ENEWS SHALL NOT BE LIABLE FOR USER-CREATED CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. WOMEN’S ENEWS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY ON OR THROUGH THE WEB SITE OR ANY LINKED WEB SITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WOMEN’S ENEWS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Limitation on Liability. IN NO EVENT SHALL WOMEN’S ENEWS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN IF WOMEN’S ENEWS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, WOMEN’S ENEWS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO WOMEN’S ENEWS FOR THE WEB SITE DURING THE TERM OF MEMBERSHIP.
13. Indemnity. You agree to indemnify and hold WOMEN’S ENEWS, its parents, subsidiaries, and affiliates, and all of their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' and experts' fees and costs, made by any third-party, allegedly or actually, arising from or related to your use of the Web Site in violation of this User Agreement and/or any User-Created Content posted by you on or through the Web Site.
14. Disputes. Your use of the Web Site shall be governed in all respects by the laws of the state of New York, United States, without regard to any choice of law or conflict of laws principles or provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Web Site and/or this User Agreement shall be in the state or federal courts located in New York. By using the Web Site, you agree that any disputes arising from or related to your use of the Web Site and/or this User Agreement, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this User Agreement or its adaptation to newly arisen circumstances, will be submitted to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in Section 14 of this User Agreement. Any award in an arbitration initiated under this provision shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this provision, except as may be required by statute.
15. Other. This Agreement is accepted upon your use of the Web Site, is further affirmed by you becoming a Member and by clicking "I Agree" when submitting information to the Web Site. This User Agreement constitutes the entire agreement between you and WOMEN’S ENEWS regarding the use of the Web Site. The failure of WOMEN’S ENEWS to exercise or enforce any right or provision of this User Agreement shall not operate as a waiver of such right or provision. If any provision of this User Agreement is unlawful, void or unenforceable, that provision is deemed severable from this User Agreement and does not affect the validity and enforceability of any remaining provisions.
Last Updated: October 5, 2009