April, 2013

Women’s Voices Magazine – Terms of Use

WVM Revisions to Terms of Use: WVM may periodically change, modify or update the WVM Terms of Use.  Notification of such material changes to the WVM Terms of Use will be in the form of posting the revised policy with the date it was revised on this page. Please review the WVM Terms of Use on a regular basis. Your use of the WVM sites constitutes your agreement to the WVM Terms of Use and any updates. This statement is not intended to and does not create any contractual or other legal rights in or on behalf of any party.

WVM Terms of Use: Women’s Voices Media, LLC and its affiliated organizations and individuals (which also may be collectively referred to herein as, among other things, “we,” “us” and “our”) own and operate this and the Women’s Voices Magazine product (the “Services”). The Services contain material that is protected by international copyright, trademark and other intellectual property laws. Unless otherwise specified, the Services are intended for your personal, noncommercial use only. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material, including code and software, from the Services. You may not download material from password protected area of the Services. As part of the Services, WVM agrees to provide you with information and other computer services subject to these Terms of Use. You agree to use the Services in accordance with these Terms of Use.  Accessing WVM Services, in any manner, for the purpose of obtaining information, technical or otherwise, about the Services constitutes use of the Services such that the party accessing the Services is bound by these Terms of Use. You may establish a hypertext link to the WVM website, but not the magazine product portion of the Services so long as the link does not state or imply any sponsorship of your site by WVM. However, you may not, without the prior written permission of WVM, frame any of the content of the Services, or incorporate into another site or other service any intellectual property of WVM, its affiliates or our licensors or third party advertisers, sponsors or partners.

License to WVM: By posting messages or otherwise providing any material for display on the Services, you are representing that you are the owner of the material, or are making your submission with the express consent of the owner of the material. In addition, when you post a message or otherwise provide WVM with material for display on the Services, you are granting WVM a royalty-free, unrestricted, nonexclusive, perpetual and worldwide license to:

(a) use, copy, sublicense, adapt, transmit, publicly perform or display any such communication.

(b) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

WVM Registration: To use certain features of the Services, you may be required to register with a particular site on a form provided. You agree to:

 (a) provide true, accurate, current and complete information about yourself as prompted by the site’s subscriber form.

 (b) maintain and promptly update the information you provide to keep it true, accurate, current and complete.

If WVM has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WVM has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). WVM use of any personally identifying information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

WVM Passwords: To use certain features of the Services, you will need a username and password received through the applicable site’s subscription process. You agree you are responsible for:

(a) maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account.

(b) notifying WVM immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session.

WVM cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information.

WVM E-Commerce: When you make a purchase from WVM through or for the Services, the information obtained during your visit to the WVM website, and the information you give as part of the transaction, such as your credit card number and contact information, may be collected by WVM or the processing service, as applicable. A processing service may have separate privacy and data collection practices different than those of WVM. WVM has no responsibility or liability for these independent policies. For more information regarding a processing service and its privacy policies, return to that processing service’s home page and click on its information links or contact the processing site directly. You release WVM from any damages you incur, and agree not to assert any claims against us arising from your purchase or use of any products or services made available by third party processing services through any of the Services. When you purchase products or services on or through the Services, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the processing service of such products or services directly. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Services. You agree to use the Services and to purchase services or products through the Services for legitimate, noncommercial purposes only and with no competitive purpose to the WVM Services including the magazine product. You agree to only purchase Services from WVM for yourself or for another person for whom you are legally permitted to do so.  When making a purchase for a third party that requires you to submit the third party’s personal information to us or the WVM processing service, you represent you have obtained the express consent of such third party to provide such third party’s personal information.

WVM Engagement & Communication Features: The Services may include a variety of features, such as bulletin boards and email services, which allow feedback to us and real-time interaction between users and other features, such as personalized home pages and email services, which allow users to communicate with others. Responsibility for what is posted on bulletin boards, comments and other public posting areas on the Services lies with each user.  You are responsible for the material you post.  WVM does not control the messages, information or files that others may provide through the Services.  It is a condition of your use of the Service that you do not:

(a) use the Services to post or transmit any information, software or other material that contains a virus or other harmful component.

(b) use the Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

(c) use the Services to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.

(d) use the Services to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.

(e) gather for the purpose of spamming e-mail addresses that have been posted by other users of the Services.

(f) use the Services to advertise or solicit to anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

(g) use the Services to post, transmit or in any way exploit any information, software or other material for commercial purposes, or that contains advertising.

(h) restrict or inhibit any other user from using and enjoying the Services.

WVM has no obligation to monitor any public areas or other areas of the Services through which users can supply information or material. WVM reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms of Use.

WVM Indemnity Grant for Representations: You represent and warrant that:

(a) any material you post, upload or transmit on or through the Services does not and will not violate any rules of any bulletin board, chat room, or email service or these Terms of Use.

(b) your use of the Services complies with these Terms of Use.

(c) restrict or inhibit any other user from using and enjoying the Services.

You agree you will indemnify and hold harmless Women’s Voices Media, LLC and its affiliates and each such person’s directors, officers, partners, employees, members and licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from:

(a) your breach of any of the above representations and warranties.

(b) your use of the Services.

(c) the materials you have posted, uploaded or transmitted on or through the Services.

(d) our publication, distribution or use of such materials.

WVM Disclaimers:  The Services may include links and pointers to other websites and/or content and services provided by third parties.  WVM links to any third party does not imply an endorsement, sponsorship or partnership with such website or the information, products or services provided on or through the websites. The materials, information, products or services offered on or through the Services and any third party websites are provided and offered “AS IS” and without warranties of any kind either expressed or implied. To the fullest extent permissible pursuant to applicable law, WVM disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. WVM does not warrant the Services or any of its functions will be uninterrupted or error free, that errors or defects will be corrected, or that any part of this Service, including bulletin boards or comments, or the servers that make it available, are free of viruses or other harmful components. You understand and agree you obtain material or information through the use of the Services at your own discretion and risk.  You understand and agree you will be solely responsible for any damage to your computer system or device(s) or loss of data resulting from the use of the Services. WVM does not warrant or make any representations regarding the use or the results of the use of the Services or material in the Services or in third party website in terms of their correctness, accuracy, timeliness, reliability or otherwise.  You, and not WVM, assumes the entire cost of all necessary maintenance, repair, replacement, or correction. The Services are provided for entertainment and information purposes only and are not intended for trading or investment purposes, or for commercial use in any way.  The Services should not be used in any high risk activities where damage or personal injury or injury to others, property, environment, finances or business may result if an error or omission occurs.  You expressly assume all risk for such use.

WVM Limitation of Liability: Under no circumstances, including, but not limited to, negligence, shall WVM be liable for any direct, indirect, incidental, special or consequential damages resulting from the use of , or the inability to use, materials, products, or services, or third party materials, products, or services made available through the Services, or any part of the Services, even if WVM is advised beforehand of the possibility of such damages. Some states do not allow the exclusion or limitation of certain categories of damages.  The above limitation may not apply in full to you.  In such states, WVM liability is limited to the fullest extent permitted by such state law. You specifically acknowledge and agree WVM is not liable for any defamatory, offensive or illegal conduct of any user of the Services.  You specifically acknowledge and agree the sole and  exclusive remedy for dissatisfaction with any of WVM materials, products or services, or with any of WVM terms and conditions is for you to discontinue use of the Services.

WVM Advertising: When you submit an ad for publication on the Services, you agree the advertisement as it appears in the WVM Services becomes the property of WVM and all ownership interest in the advertisement as it appears on WVM is assigned to WVM under copyright law or otherwise to WVM. Submission of an advertisement does not constitute a commitment to publish the advertisement, and publication of an advertisement does not constitute an agreement for continued publication. WVM will accept only standard abbreviations and required proper punctuation. WVM reserves the right to edit, reclassify, revise, reject or cancel any advertisement at any time, in its sole discretion. Rates and specifications are subject to change.

WVM Columnist Information & Opinion: The information and/or opinion presented by the WVM Columnist and other content resources in all areas of the Services are the sole responsibility of the supplier resource and is not a representation of the agreement with or endorsement of WVM.

WVM Termination: WVM may cancel or terminate your right to use the Services or any part of the Services at any time without notice. In the event of termination, you are no longer authorized to access the part of the Services affected by such cancellation or termination. The restrictions imposed on you with respect to material from the Services, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive. Termination of Services in full or in part will not imply or constitute a full or partial refund paid for Services.

WVM Terms of Use Notice: Any notice to be given or to be served in connection with this Terms of Use must be in writing and shall be deemed to have been given when delivered personally, by overnight courier service or deposited in the United States mail with proper postage prepaid and via delivery with signature receipt requested to Women’s Voices Media, LLC, at the address on file.

WVM Terms of Use Governing Law Jurisdiction: Women’s Voices Media, LLC is an Indiana limited liability company.  Notwithstanding the fact that the Company may conduct business in states other than Indiana, and notwithstanding the fact that the Independent Contractors, Employees and third party advertisers, partners and sponsors may be residents of states other than Indiana, this Terms of Use and the rights of the parties hereunder shall be governed by, interpreted, and enforced in accordance with the laws of the State of Indiana, without regard to the conflicts of laws provisions thereof.  The exclusive jurisdiction for any action or proceeding arising out of this Terms of Use shall be the state and federal courts sitting in Hamilton County, Indiana.  WVM subscribers and users personal jurisdiction in Indiana for any action or proceeding arising out of this Terms of Use, and each expressly waives any claim or defense of forum non conveniens.

WVM Terms of Use Dispute Resolution: Any controversy or claim arising out of or relating to this Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association, or “AAA” under its commercial arbitration rules, including the expedited procedures where applicable, the optional procedures for large complex commercial disputes where applicable, and the optional rules for emergency measures of protection, collectively, the Arbitration Rules. The parties intend the requirement to arbitrate under this Section 13.2 to be binding under the Federal Arbitration Act.  Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.  Notwithstanding anything to the contrary in the Arbitration Rules, the following provisions shall apply to any arbitration under this Agreement:

(a) any arbitration hearing or proceeding hereunder shall be held within fifty (50) miles of the WVM Company, except that it may be held by telephone where the Arbitration Rules expressly so permit.

(b) the claimant and respondent shall each select one arbitrator; in the event of multiple claimants, if the claimants do not agree between or among them on the selection of an arbitrator, AAA shall select one on their behalf; in the event of multiple respondents, if the respondents do not agree between or among them on the selection of an arbitrator, AAA shall select one on their behalf.  The two arbitrators selected pursuant to the previous sentence shall select a neutral arbitrator; if they are unable to agree between them on the selection of a neutral arbitrator, AAA shall select one pursuant to the Arbitration Rules.

(c) the arbitrators are bound by and shall follow the law of the State of Indiana in interpreting this Terms of Use.

WVM Miscellaneous:

Conflicts of Interest:  Any party, whether company or individual, making a complaint against WVM with regard to this Terms of Use must disclose with said complaint any interest in any other business venture and/or partnership of every nature and description, independently or with others, whether the ventures are competitive with WVM.
Binding Effect Third Parties:  This Terms of Use shall be binding upon and inure to the benefit of WVM and its Independent Contractors and employees and to the extent permitted by this Terms of Use, to their respective heirs, executors, administrators, personal representatives, successors and assigns.  No other person or entity, including without limitation any creditor of WVM and its Independent Contractors and employees, shall have any rights, interest or claim hereunder or be entitled to any benefits under or on account of this Terms of Use, whether as a third party beneficiary or otherwise.
Severability:  If any provision of this Terms of Use is held to be illegal, invalid or unenforceable under the laws effective during the existence of WVM and the term of this Terms of Use,  the provision shall be fully severable and this Terms of Use shall be construed and enforced as if the illegal, invalid, or unenforceable provision had never constituted a part of this Terms of Use and the remaining provisions of this Terms of Use shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance from this Terms of Use.
Counterparts:  This Terms of Use may be executed in any number of counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.
Headings and Titles:  Section titles are for descriptive purposes and convenience of reference only and shall not control, alter or be used to interpret the meaning of this Terms of Use as set forth in the text.
Entire Terms of Use Policy:  This Agreement is the final integration of the agreement of the parties with respect to the matters covered by it and supersedes any prior understanding or agreement, oral or written, with respect thereto. Non-Exclusivity:  The rights available in this Terms of Use shall not be exclusive of any other rights available to WVM.
Good Faith and Fair Dealing:  In discharging any duties or exercising any rights hereunder, all parties owe a duty of good faith and fair dealing to WVM and its Independent Contractors, Employees and Third Party Advertisers, Partners and Sponsors.