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PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACKNOWLEDGING THIS LEGALLY BINDING DOCUMENT. BY ACKNOWLEDGING THIS DOCUMENT, YOU ("MEMBER") SIGNIFY THAT YOU AGREE WITH THESE TERMS AND CONDITIONS OF USE.
Welcome to the registration for membership in the Womyn 4 Womyn ("W4W") online community. People seeking to meet and/or chat with womyn and who register with W4W are referred to as members. This Agreement, as it may be amended from time to time (the "Agreement"), describes the terms and conditions for this Web Site and your membership (the "Membership"). We may amend this Agreement by posting the amended version on our Web Site and/or make this Agreement available via a link from our home page. You agree that your continued use of this Web Site after such amendment or change shall signify your acceptance of any such change. Otherwise, this Agreement may not be amended except in writing signed by both parties.
1. SERVICES. Womyn 4 Womyn (referred to herein as "W4W.com," "We," "Us", or collectively, as "Company") provides an Internet resource for meeting and chatting with womyn, that will include the ability to post information about yourself ("Member Postings"), the ability to search for and contact other members, and other services. Memberships are available to individuals who are 18 or over. You agree to use your membership for your own purposes only, and not to redistribute any of the content on the Web Site. Member names and/or passwords shall not be loaned or given to any other members or non-members for any purposes whatsoever. Through the Web Site and through your Membership, you are provided with access to other peoples' content and Personal Information. We cannot, nor do we try to, control the content that you post or receive. By its very nature, the information is changed frequently, may be offensive, harmful or inaccurate and in some cases may be mislabeled or deceptively labeled. While we discourage such postings, we do not make any representation or warranty, express or implied, as to the accuracy, timeliness or completeness of such information nor do we undertake to update or correct such information. You are responsible to confirm all information you obtain from this Web Site. In addition, we do not make any representation or warranty, express or implied, regarding any member profile, including yours. You agree that any communication and/or conduct between you and any other member or non-member shall be at your own risk. We expect that you will use caution and common sense when using this Web Site or your membership and acting upon any information that may be posted. Furthermore, you shall comply with all applicable laws regarding your access to your Membership. Any use of a Membership (a) to post false, non-actual postings; (b) to post postings that in our sole discretion are inappropriate to our audience; or (c) for the purpose of gathering member profiles for any other purposes may, among others, be grounds for immediate termination of a membership.
2. ELIGIBILITY; MEMBERSHIP. If you register for a Membership, then you represent and warrant that you are over 18 years of age and female. A Membership includes creating a personal profile and any information included therein. Memberships may be used only by individuals seeking to meet and/or chat with other womyn. You may not use your Membership for any other purpose. You are responsible for paying all applicable taxes and for all hardware, software, service and other costs you incur to access your Membership. We may add, delete or change some or all of the services provided as part of the Membership at any time. You agree that we may charge for your Membership (such as posting personal profiles) and/or additional premium services offered in the future and that you will be responsible for all charges (including tax) for using such additional services if you choose to continue use. You will be notified of any changes and given an option to continue use or to terminate your Membership. Members must not disclose their password to any third parties. Each individual must have a separate Membership and must register separately; individuals may not share Memberships.
3. PRIVACY. Your privacy is very important to us. However, you have chosen to post certain information, as contained in the personal profile, on the W4W web site. By accepting this Agreement, the member expressly consents to the posting of the information contained in the personal profile on the W4W web site.
4. YOUR CONTENT. We welcome your participation in our online community. However, in so participating, please be aware that you are solely responsible for your content or other information you distribute, post, include, link to or otherwise upload to the Web Site ("Your Content"), and you agree that we are only acting as a passive conduit for your online distribution and publication of such content. As such, and to better serve our online community, we reserve the right to take any action with respect to Your Content if we believe that it may create liability for the Company, offend other members, or may cause the Company to lose the services of our ISPs or other suppliers. Your Content or any content you request to receive (directly or indirectly): (a) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (b) shall not violate any law or regulation; (c) shall not be defamatory or libelous; (d) shall not be obscene or contain child pornography; (e) shall not include incomplete, false or inaccurate information about yourself, or any information about any other individual or organization and (f) shall not contain any viruses, trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or Personal Information. You may not distribute unsolicited commercial messages ("spam") through your Membership or take any other action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not distribute spam that directs or encourages users to visit our Web Site through the Membership of another person. At our option and without further notice, we (or our suppliers) may use anti-spam technologies that may terminate your messages without delivering them or prevent messages from reaching you.
By submitting Your Content on this Web Site (including, but not limited to the registration process and creating a Membership, sending messages through W4W.com, posting messages to message boards, forums, and chat rooms, and entering contest info), you hereby grant to Company a worldwide, perpetual, irrevocable, royalty-free, sublicenseable (through multiple tiers) right to exercise all copyright and publicity rights, in any media now known or not currently known, with respect to Your Content or any content you provide to us in any public space on this Web Site or in any email that you voluntarily provide to us through this Web Site. However, providing links to content hosted on servers other than our own (such as a portfolio of prior work hosted on your own web site) shall not be considered "submitting" content for purposes of this section.
5. YOUR CONDUCT. We expect all of our members to conduct themselves in a courteous, respectful manner at all times. Personal attacks, "flaming", and other forms of discourteous and disrespectful online conduct harm our community and, in our discretion, may be grounds for the immediate suspension or termination of the offending party's Membership. This restriction includes, but is not limited to, the posting of information that is false, racially insensitive, obscene, sexually oriented, nudity related, harassing, threatening, immoral or improper information.
6. LINKING. Links on Our Site. While we hope that you are able to benefit from the valuable information, products, and services that our business partners provide to you through our Web Site, we do not review all of the Web Sites that we link to from this Web Site. As such, we cannot endorse all of the content, products, services or the performance of all of the Web Sites we link to from this Web Site, and you should not treat any link as such endorsement. As with all consumer matters, please link with caution.
7. FEEDBACK. We will treat any feedback or suggestions you provide to us as non-confidential and non-proprietary. Thus, please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. Feedback can be sent via our feedback form.
8. DISCLAIMER. ALL SERVICES, PRODUCTS AND INFORMATION ON THIS WEB SITE ARE PROVIDED "AS IS." WE AND OUR SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT GUARANTEE CONTINUOUS OR UNINTERRUPTED ACCESS TO YOUR MEMBERSHIP AND MAKE NO WARRANTY AS TO THE OPERATION, FUNCTIONALITY, OR AVAILABILITY OF THE WEB SITE, OR THAT THE WEB SITE WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
9. INDEMNIFICATION. You agree to indemnify and hold Company, our customers and business partners harmless from all damages and costs, including reasonable attorneys' fees arising out of or in any way related to your breach of this Agreement.
10. LIMITATION OF LIABILITY. IN NO EVENT WILL COMPANY AND/OR ITS SUPPLIERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL OR INCIDENTAL DAMAGES ARISING FROM OR RELATING TO THESE TERMS AND CONDITIONS, EVEN IF COMPANY AND/OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY AND ITS SUPPLIERS' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS AND CONDITIONS AND THE USE OF THIS WEB SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, IS LIMITED TO THE FULLEST EXTENT ALLOWED BY LAW.
11. TERMINATION. We may terminate your Membership immediately if you breach this Agreement. Alternatively, we may choose to remove some or all of your content or make your content private, in which case your content will not be publicly displayed (although you will be able to view it). Again, if applicable, no refund will be paid. Following termination of your Membership, we may remove some or all of your content from our servers or elect to retain it, at our sole option.
12. GENERAL. Member agrees that this agreement will be null and void if presented in a court as a method used to sue Womyn4Womyn. This Agreement shall be governed in all respects by the laws of the State of Illinois as such laws are applied to agreements entered into and to be performed entirely within Illinois between Illinois residents. Any action or proceeding arising from or relating to these terms and conditions must be brought in a federal court in the Northern District of Illinois or in state court in Cook County, Illinois, and you irrevocably submit to the jurisdiction and venue of any such court in any such action or proceeding. No agency, partnership, joint venture, or other relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If we ask a third parties to provide services through this Web Site or for the Membership, the provisions of this Agreement shall apply to your use of their services and any terms of use provided by such third party shall also apply to your use provided such terms do not conflict with this Agreement. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control.
Except as explicitly stated otherwise, any notices shall be given by certified mail, postage prepaid and return receipt requested. Notice shall be deemed given 3 days after the date of mailing. We may freely assign this Agreement. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. This Agreement may be amended or changed by us at our discretion. You agree that your continued use of this Web Site after such amendment or change shall signify your acceptance of any such change. Any payment obligations incurred prior to termination of this Agreement shall survive such termination.
13. If you notice any user that is violating these terms of service, please
contact us immediately.
14. BY ACKNOWLEDGING THIS AGREEMENT (YOU) THE MEMBER AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE BEEN GIVEN THE OPPORTUNITY TO READ THIS AGREEMENT AND ASK QUESTIONS REGARDING ITS CONTENT. IF YOU HAVE ANY RESERVATIONS WHATSOEVER DO NOT ACKNOWLEDGE THIS AGREEMENT. |
