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.
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 Indemnity Grant for Representations: You represent and warrant that:
(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.
(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.
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.