This Member Agreement (the “Agreement”) describes the terms on which SheSpeaks.com (SheSpeaks) offers you (“Member”) access to our services:
This Agreement is a contract between you and SheSpeaks and applies to your use of SheSpeaks, including, but not limited to, access to and the opportunity to communicate with its network of Members, participate in surveys, as well as any and all related products or services available through www.SheSpeaks.com (collectively, the “Service”). If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or access the Service. SheSpeaks reserves the right to refuse or discontinue service to any user for non-compliance with this Agreement. The Service is not available to minors or to anyone under 18 years old.
SheSpeaks may amend this Agreement at any time by posting the amended terms on www.SheSpeaks.com (the “Site”). Any changes shall become part of the Agreement and shall apply as soon as such a notice is posted. Your continued use of the Service or the Site following any change will be conclusively deemed acceptance of any change to the terms and conditions. You should visit this page periodically to review the terms. This Agreement was last modified on January 1, 2007.
1. Registration and Account Creation. As part of the registration and account creation process required to access SheSpeaks’ Service, you will select a member ID (username / email address) and a password. You will provide SheSpeaks with certain registration information, all of which must be accurate and updated. You will be solely responsible for maintaining the confidentiality of your password and for all usage or activity on your SheSpeaks Member account.
2. Modifications. SheSpeaks reserves the right to modify or discontinue the Service (or any part thereof) with or without notice to any Member. SheSpeaks shall not be liable to any Member or any third party for any modification, suspension or discontinuance of the Service.
3. Privacy and Security. SheSpeaks does not sell or market its Members personal information or personalized data. The personal information you provide and the personalized data you create and save on the Site when registering or otherwise, is used to provide superior service to you, including, but not limited to, developing Member profiles. This may include disclosure of such information to employees, representatives, officers, agents, affiliates, government and regulatory entities, third parties, and service providers. Such information and data will also be used to administer our business, the Site and Service in a manner consistent with this privacy statement, this Agreement and all applicable laws, rules, regulations, or other legal obligations. In accordance with SheSpeaks Promise, SheSpeaks will not send any Member a product or service without that Member’s consent.
4. Intellectual Property. Materials on SheSpeaks.com, including, without limitation, names, logos, trademarks, service marks, images, articles, columns, graphics, photographs, illustrations, artwork, audio clips, video clips, software, and other elements making up the Service (the “Online Materials”) are owned or licensed by SheSpeaks, or by a participating marketer or manufacturer. No Online Materials may be copied, reproduced, republished, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, without the prior written permission of SheSpeaks or the intellectual property owner. Any infringing or unauthorized use of the Online Material and any attempt to modify any Online Material, to defeat security features, or to utilize this site or the Online Materials for other than its intended purposes is prohibited.
5. Sponsors, Third Parties, Advertisers, Links. Your correspondence or business dealings with, or participation in promotions of, sponsors, third parties or advertisers found on or through the Site or the Service, including delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such sponsor, third party or advertiser. You agree that SheSpeaks shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such sponsors, third parties or advertisers on the Service or Site, or as a result of links to other World Wide Web sites.
6. No Warranty. 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. SHESPEAKS 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. SHESPEAKS 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.
7. Limitation of Liability. You expressly understand and agree that SheSpeaks, 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 SheSpeaks 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.
8. Indemnification. You agree to indemnify, defend and hold SheSpeaks, its parent, subsidiaries, affiliates, officers, directors and employees harmless from any claim or demand, including attorneys’ fees, made or incurred by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference to any terms of this Agreement.
Any comments, feedback, materials, testimonials, criticisms, questions, or letters or the like sent or posted by you to SheSpeaks 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. SheSpeaks shall have no obligation of any kind with respect to such Received Materials and SheSpeaks 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, SheSpeaks is free to use any ideas, concepts, know-how, or techniques contained in any communication you post or send to SheSpeaks 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.
9. Restrictions on Use, Legal Compliance and Member Disputes. You may not use SheSpeaks or its content for any illegal purpose or in any manner inconsistent with this Agreement. You agree to use SheSpeaks solely for your own noncommercial use and benefit and not for resale or other transfer or disposition to any other person or entity. You shall comply with all applicable United States and international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding your use of our Service. SheSpeaks may delete any content that in the sole judgment of SheSpeaks violates this Agreement or which may be offensive, illegal or violate the rights, harm or threaten the safety of any person. You are solely responsible for your interactions with other SheSpeaks.com Members. SheSpeaks.com reserves the right, but has no obligation, to monitor disputes between you and other Members.
10. Termination. Either SheSpeaks or any Member may terminate the Service with or without cause at anytime. SheSpeaks will not be liable to the Member or any third party for termination of Service.
11. Communications and Notices. You consent to receive information from SheSpeaks electronically. SheSpeaks will communicate with Members by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that SheSpeaks provides to you electronically satisfies any legal requirement that such communication be in writing. SheSpeaks reserves the right but assumes no obligations to provide communications in paper format. In accordance with SheSpeaks Promise, SheSpeaks will not send you a product or service without your consent.
12. Assignability. Your right to use the Site is personal to you and you may not sub-license, transfer, sell or assign this Agreement to any third party without our prior written approval. Any attempt to do so will be void. You agree that this Agreement may be automatically assigned by SheSpeaks, in its sole discretion, to a third party in the event of a merger or acquisition or otherwise.
13. Entire Agreement and Severability. This Agreement and any other terms and conditions of service on the Site constitute the entire agreement between you and SheSpeaks and govern your use of the Service. If any provision of this Agreement is found invalid or unenforceable, the provision will be enforced to the maximum extent permissible and the other provisions of this Agreement will remain in force. 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 Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Choice of Law, Jurisdiction, and Arbitration. The parties agree to make good faith and reasonable efforts to resolve any disputes under this Agreement without the need for litigation. In the event a dispute arises between any Member and SheSpeaks out of this Agreement, such dispute will be governed by the laws of the State of New Jersey, without giving effect to its conflict of laws provisions or your actual state or county of residence. This Agreement requires you to submit to exclusive binding arbitration on any claims you may have against SheSpeaks in connection with this Agreement, the Site, or the Service. Such arbitration to be adjudicated by the rules of the American Arbitration Association and to be held in New Jersey. Further, you agree to submit to the personal jurisdiction of the courts located within Essex County, New Jersey.
Please report any violations of this Agreement to firstname.lastname@example.org