Terms of Use


SheNOW.org
TERMS OF USE
Last updated March 15, 2012.

Please read these Terms of Use carefully before accessing or using this website (the “Site”) or participating in any and all related products and services available through www.shenow.org (collectively, the “Service”).

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, you agree to and are bound by the terms and conditions set forth in this document and in any changes hereto that SHENOW.ORG (“SheNow,”"we,” or “us”) may publish from time to time (collectively, the “Terms of Use”). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site. The Service is not available to minors or to anyone under 18 years old.

SheNow may change these Terms of Use and other guidelines and rules posted on the Site from time to time. Your continued access or use of the Site constitutes your acceptance of such changes. Your access and use of the Site will be subject to the current version of the Terms of Use, rules and guidelines posted on the Site at the time of such use. Please regularly check the “Terms of Use” link on the home page of shenow.org to view the then-current terms. If you breach any of the Terms of Use, your license to access or use this Site shall automatically terminate.

Intellectual Property; Trademarks

1. All material,  including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other content on this Site (collectively the “Content”), as well as the selection and arrangement of the Content, are protected by copyright, trademark, patent, trade secret and other intellectual property laws and treaties (collectively, “Intellectual Property Laws”). Any unauthorized use of any Content may violate such laws and the Terms of Use. Except as expressly provided herein or in the Privacy Policy, SheNow does not grant any express or implied permission to use any Content. You agree not to copy, republish, frame, link to, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sub-license or reverse engineer the Site or any or the Content. In addition, you agree not to use any data mining, robots or similar data and/or image gathering and extraction methods in connection with the Site or Content.

2. For the purposes of these Terms of Use, the term, “Trademark(s)” means all common law or registered trademarks, logos, service marks, trade names, Internet domain names, or other indications of origin now or in the future used by SheNow.

3. Nothing contained herein grants or shall be construed to grant you any rights to use any SheNow Trademark, unless expressly conferred by these Terms of Use.
 
4. You agree that you will not use SheNow’s Trademarks in any manner that might tarnish, disparage, or reflect adversely on such Trademarks or SheNow.
 
5. You agree that you will not contest or otherwise challenge (e.g., in any legal action or otherwise), or assist or encourage any other person or entity to contest or challenge, the validity of any of SheNow Trademarks or the Trademark rights claimed by SheNow.
 
6. You agree that you will not use any SheNow Trademark or any variant thereof including misspellings) as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data.
 
7. You may not at any time, adopt or use, without SheNow’s prior written consent any word or mark which is similar to or likely to be confused with SheNow’s Trademarks.
 
8. The look and feel of the SheNow website, including all page headers, custom graphics, button icons, and scripts, is the trade dress and/or trademark or service mark of SheNow and may not be copied, imitated or used, in whole or in part, without the prior written consent of SheNow.
 
9. All other trademarks, product names, and company names or logos used or appearing on the SheNow website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by SheNow, unless expressly so stated.
 
10. You may not use a SheNow trademark, logo, Image or other proprietary graphic of SheNow to link to the SheNow website without the prior written consent of SheNow.
 
11. You may not frame or hotlink to the SheNow website or any Image without the prior written consent of SheNow.
 
12. If you believe that any Image or other material made available by SheNow infringes upon any copyright that you own or control, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”), you may notify SheNow at info@shenow.org and request contact info for the appropriate DMCA Agent.
 
To be effective under the DMCA, a notification of claimed infringement must be a written communication provided to SheNow’s designated agent that includes substantially the following:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. Identification of the material 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 the SheNow to locate the material.
  4. Information reasonably sufficient to permit the SheNow 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.
  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. 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.

PLEASE NOTE THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR BY ANY COPYRIGHT OWNER’S LICENSEE THAT IS INJURED AS A RESULT OF OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.

This information should not be construed as legal advice, for further details on the information required for valid DMCA notifications, see 17 U.S.C. 512(c)(3).

In accordance with the DMCA and other applicable law, SheNow has adopted a policy of terminating, in appropriate circumstances and at SheNow’s sole discretion, members who are deemed to be repeat infringers. SheNow may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Limitations

You agree that you shall not:
a. Engage in any conduct that shall constitute a violation of any law or that infringes the rights of SheNow or any third-party.
b. Violate any applicable laws or regulations related to the access to or use of the Site, or engage in any activity prohibited by the Terms of Use.
c. Violate the rights of SheNow or any third-party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
 
 Use of Content/Material/Service/Site
 
You do not have to register in order to visit the Site. Certain Content will only be made available to registered users of the Site. To access restricted Content, you will need to register with SheNow and create a “Member” account. Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion.
 
You may never use another Member’s account. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify SheNow immediately of any breach of security or unauthorized use of your account. Although SheNow will not be liable for your losses caused by any unauthorized use of your account, you shall be liable for the losses of SheNow or others due to such unauthorized use.
 
By providing SheNow your email address, you consent to our using the email address to send you Site-related notices, including any notices required by law, in lieu of communication by postal mail. We reserve the right to determine whether you may opt out of Site-related emails. We may also use your email address to send you other messages, including changes to features of the Site and special offers. If you do not want to receive such email messages, you may opt out. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. , that accesses the Site in a manner that sends more request messages to the SheNow servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Site nor to use the communication systems provided by the Site for any commercial solicitation purposes.

SheNow may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Site without notice and liability, if, in SheNow’s sole determination, you violate any of the Terms of Use or Privacy Policy, including the following prohibited actions:

  1. attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site;
  2. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  3. uploading invalid data, viruses, worms, or other software agents through the Site;
  4. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  5. interfering with the proper working of the Site; or, (vi) bypassing the measures we may use to prevent or restrict access to the Site. Upon termination for any reason, you continue to be bound by the Terms of Use and the Privacy Policy.

You are solely responsible for your interactions with other SheNow Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. SheNow shall have no liability for your interactions with other Users, or for any User’s action or inaction.

SheNow does not provide professional advice, diagnosis or treatment of any kind – medical, legal, professional or personal. The opinions you read on this site are those of members of the SheNow community, not necessarily those of SheNow.org

The Site declines to publish unacceptable content. Submission of personal blogs, contributor blogs, subscriber blogs, posts, comments, forum questions and comments, etc does not guarantee publishing on the Site. SheNow retains final publication rights and can refuse publishing on the Site for any reason it deems worthy.

Information including, but not limited to, personal blog posts, contributor blogs, subscriber blogs, posts, comments, forum questions and comments, posted and/or submitted to the Site are property of the Site. By submitting, sending, emailing, posting, etc to the Site, you agree that the Site retains and owns all rights, copyrights and information provided including, but not limited to words, stories, graphics, quotes, blogs, posts, comments, forum questions and comments, etc, and the Site may use such information in any forms, distributions, re-printings (both on-line and print), viral, video, and in any and all media sites as it sees fit. The Site will not be held liable, nor is it responsible for any copyright infringements your posts violate or incur due to any of the above.

Copyright Policy
All SheNow.com content, and the selection and arrangement thereof, are copyrighted works that belong to the SheNow organization. Copyright 2011-2012 SheNOW. All rights reserved.

The SheNOW logo and contributed icons are copyright 2011-2012. Website member avatars are copyright 2011-2012. All rights reserved.

Links to Third-Party Sites

IN THE EVENT THAT SHENOW PROVIDES LINKS FROM ITS WEBSITE TO ANY THIRD-PARTY WEBSITE OR PERMITS ANY THIRD-PARTY TO LINK FROM ITS WEBSITE TO THE SHENOW WEBSITE, YOU SHOULD BE AWARE THAT SHENOW MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND ACCEPTS NO RESPONSIBILITY FOR ANY CONTENT OR PRACTICES OF SUCH THIRD-PARTIES OR THEIR WEBSITES. SUCH WEBSITES ARE NOT UNDER THE CONTROL OF SHENOW, AND SHENOW PROVIDES AND/OR PERMITS THESE LINKS ONLY AS A CONVENIENCE TO YOU. THE INCLUSION OF ANY LINK DOES NOT IMPLY AFFILIATION, ENDORSEMENT, OR ADOPTION BY SHENOW. IF YOU ACCESS A THIRD-PARTY WEBSITE FROM SHENOW, YOU DO SO AT YOUR OWN RISK, AND YOU UNDERSTAND THAT THE SITE’S TERMS OF USE AND PRIVACY POLICY DO NOT APPLY TO YOUR USE OF SUCH SITES. YOU EXPRESSLY RELEASE SHENOW FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR SERVICES OR THIRD-PARTY OWNED CONTENT.

ADDITIONALLY, YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS FOUND ON SHENOW, INCLUDING PAYMENT AND DELIVERY OF GOODS, AND ANY OTHER TERMS (SUCH AS WARRANTIES) ARE SOLEY BETWEEN YOU AND SUCH ADVERTISERS. YOU AGREE THAT SHE NOW SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH SUCH ADVERTISERS.

We encourage you to be aware of when you leave the Site, and to read the terms and conditions and privacy policy of any third-party website or service that you visit.

Warranties and Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHENOW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. SHENOW MAKES NO WARRANTY 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; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; OR (vi) THAT THIS WEB SITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. SHENOW DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SHENOW SERVCE OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SHENOW WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

Additional Warranties and Representations

You shall be solely responsible for your own User Content and the consequences of posting or publishing it. In connection with the Content, you affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:

  1. You are at least 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
  2. Your Content and SheNow’s use thereof as contemplated by the Terms of Use and Privacy Policy and the Site will not infringe any rights of any third-party, including but not limited to any Intellectual Property Rights, privacy rights and rights of publicity.
  3. SheNow may exercise the rights to your Content granted under the Terms of Use and Privacy Policy without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.

Personal Information and Privacy

SheNow will use and protect your data, such as your name and address, in accordance with the SheNow Privacy Policy, the contents of which are incorporated by reference into these Terms of Use.  By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Indemnification

You agree to defend, indemnify and hold harmless SheNow, its subsidiaries, affiliates, licensors, employees, agents, third-party information providers, Contributors and independent contractors and their employees, officers and directors, from and against any and all claims, damages, costs for debt, obligations, losses,  liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to your conduct, your use and access to or inability to use the SheNow website including, but not limited to any data or work transmitted or received by you; your breach or alleged breach of the Website Terms of Use or of any representation or warranty contained herein; your violation of any third-party right, including with out limitation any right of privacy, publicity rights or Intellectual Property Rights; your violation of any law, rule or regulation of the United States or any other country; any claim or damages that arise as a result of any of your Content or any that are submitted via your account; any other party’s access and use of the Site with your unique username, password or other appropriate security code; your unauthorized use of the SheNow Content, or your violation of any rights of another.

You expressly understand and agree that SheNow, its directors, officers, employees, clients, and agents shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, (even if SheNow has been advised of the possibility of such damages), resulting from (i) the use or inability to use the service; (ii) unauthorized access to or alteration of your transmissions or data; (iii) statements or conduct of any Member or any third-party on the Service; or (v) any other matter relating to the Service.

Any comments, feedback, materials, testimonials, criticisms, questions, or letters or the like sent or posted by you to SheNow regarding the Site, surveys, products, manufacturers, or marketers, among other things (“Received Materials”) shall be deemed to be non-confidential and free of any claims of proprietary or personal rights unless you explicitly state in writing that the material is “not for publication” and contains “private and proprietary” information that may not be distributed. SheNow shall have no obligation of any kind with respect to such Received Materials and SheNow will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from and/or distribute the Received Materials without limitation or restriction. Furthermore, SheNow is free to use any ideas, concepts, know-how, or techniques contained in any communication you post or send to SheNow for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to you.

 Governing Law and Jurisdiction

The parties agree to make good faith and reasonable efforts to resolve any disputes under the Terms of Use and/or Privacy Policy without the need for litigation. In the event a dispute arises between any Member and SheNow out of the Terms of Use and/or Privacy Policy, such dispute is governed by and shall be construed in accordance with the laws of the State of New York. You hereby consent to the personal jurisdiction of the state and federal courts located within such state. All actions, controversies and disputes arising from or relating to this agreement shall be heard and decided exclusively before the courts located within the State, County and City of New York and not elsewhere. You agree that service of process in any actions, controversies and disputes arising from or relating to these Terms of Use may be effected by mailing a copy thereof by registered or certified mail (or any substantially similar form of mail), postage prepaid, to the other party however, nothing herein shall affect the right to effect service of process in any other manner permitted by law. This agreement shall be construed neither against nor in favor of any party, but rather in accordance with the fair meaning of the language hereof. The invalidity or unenforceability of any part of this agreement shall not affect the validity or enforceability of the balance hereof. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, the Terms of Use, or the Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred.
 
 Assignment
 
The Terms of Use and Privacy Policy, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by SheNow without restriction.

 

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