- Services. Unless explicitly stated otherwise, any new features that augment or enhance the current Services, shall be subject to this Agreement. For as long as Femworking continues to offer the Services, Femworking shall provide (and seek to update, improve and expand, in similar and different new ways) the Femworking platform and services with the purpose of providing professional networking connectivity and business education, through Femworking’s proprietary tools, rules and protocols which Femworking may update, improve, discontinue and change at any time, at Femworking’s sole discretion. We allow you to access the Services as they may exist and be available on any given day. We have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or to charge and modify prices for the Services. All of these changes shall be effective upon their posting on our Website or by email communication to you. We reserve all rights not expressly granted herein, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in the Services and all related items.
2. Content and Information Submitted and/or Shared.
a. Femworking does not claim any ownership rights in the information, data, text, files, images, photos, video, sounds, musical works, messages, works of authorship, or any other materials (collectively, “Content“) that you post to the Services or submit to Femworking via email or otherwise. After posting Content to the Services or submitting such Content to Femworking, User retains all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By posting or submitting any Content on or through the Services, each User grants Femworking a nonexclusive, royalty-free, sub-licensable, worldwide license to use the Content supplied by each such User.
b. This license includes, inter alia, the right for Femworking to reproduce, edit, represent, adapt, translate, publicly perform, publicly display, digitize, use for advertising purposes, whether commercial or non-commercial, to sublicense or to transfer the Content concerning each User (including information, pictures, descriptions, search criteria, etc.) over all or part of the Services and/or in any mailings of Femworking and in general through any electronic communication media (including but not limited to: email, SMS, MMS, WAP, Internet, or DVD) and to incorporate such Content into other works in any format or medium now known or later developed. Each User expressly authorizes Femworking to modify said Content in order to conform to the interface or display requirements of the Services or of other communications media as set forth above, and/or to render them compatible with its technical performance or media format in question. These rights are granted throughout the world and for the entire term of this Agreement.
c. You represent and warrant that: (i) you own the Content submitted by you on or through the Services or otherwise have the right to grant the license set forth above, and (ii) submitting your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted by you on or through the Services.
d. The Services contain Content of Users and other Femworking Members and except for Content submitted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services, or otherwise use such Content for any purpose other than for those purposes strictly related to use of the Services for personal purposes.
e. Femworking may include various forums, blogs and comment areas where you can post your observations and comments on designated topics. Femworking cannot guarantee that other Members will not use the ideas and information that you share. Therefore, if you have an idea or information that you would like to keep confidential and/or don’t want others to use, do not post it on the Services. Femworking and its affiliates are not responsible for a member’s misuse or misappropriation of any content or information you post in any forums, blogs, and comment areas.
f. Femworking has no obligation and assumes no responsibility for verifying the identity of any Users when they are connected to the Website or monitoring the Services for inappropriate Content or conduct. Femworking does not endorse and exercises no control over any Content you or others submit while using the Services. Further, Femworking has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services. If at any time Femworking chooses, in its sole discretion, to monitor the Services, Femworking nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. Femworking reserves the right to withhold, remove and/or discard any Content available as part of your account, with or without notice. Femworking may delete any Content that in its sole judgment violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person.
g. Femworking makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members. Under no circumstances will Femworking be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services.
3. User Conduct. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Femworking, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. You agree to the following commitments:
a. You will not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation (see our Anti-Spam Policy below);
b. You will not collect users’ content or information, or otherwise access the Services, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission;
c. You will not upload viruses or other malicious code;
d. You will not solicit login information or access an account belonging to someone else;
e. You will not bully, intimidate, or harass any User;
f. You will not offer any contest, giveaway, or sweepstakes (collectively, “Promotion“) on the Website without our prior written consent. If we consent, you take full responsibility for the Promotion, and will follow our guidelines and all applicable laws;
g. You will not use the Services to do anything unlawful, misleading, malicious, or discriminatory;
h. You will not do anything that could disable, overburden, or impair the proper working of the Website, such as a denial of service attack;
i. You will not upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, hateful, invasive of another’s privacy, or racially, ethnically or otherwise objectionable;
j. You will not impersonate any person or entity (whether in existence or not in existence) or falsely state or otherwise misrepresent your affiliation with a person or entity;
k. You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
l. You will not upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
m. You will not upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
n. You will not upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
o. You will not interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services, including using any device, software or routine to bypass our robot exclusion headers;
p. You will not intentionally or unintentionally violate any applicable local, state, national or international law; and/or
q. You will not facilitate or encourage any violations of this Agreement.
Femworking reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the membership of such violator.
4. Anti-Spam Policy. Femworking has a zero tolerance spam policy and prohibits users from sending unsolicited emails in any form. Spam, also known as junk mail, is an unsolicited bulk email message. Unsolicited means that the recipient has not granted verifiable permission for the message to be sent. Bulk means that the message is sent as part of a larger collection of messages, all having substantively identical content. Spam, includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. The term “spamming” refers to transmitting, distributing or delivering any unwanted e-mail correspondence, especially in mass quantities, through the electronic means of communication. This prohibition includes but is not limited to (a) using the Services to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; and (b) collecting business cards at Events of people you did not meet and adding them to your mailing list. This policy does not prohibit sending an email to a Member in order to inquire about that Member’s services.
5. Intellectual Property Policies.
a. The Services contain content which is owned and created by Femworking (“Femworking Content“). Femworking Content is protected by copyright, trade secret and other laws, and Femworking owns and retains all rights in the Femworking Content and the Services. Without Femworking’s prior permission, you agree not to copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Femworking Content appearing on or through the Services or create derivative works based on the Services or such Content, in whole or in part.
b. You agree that all Femworking trademarks, trade names, service marks and other Femworking logos and brand features, and product and service names are trademarks and the property of Femworking (“Femworking Marks“). Without Femworking’s prior permission, you agree not to display or use the Femworking Marks in any manner.
c. You acknowledge and agree that Content contained in advertisements or information presented to you through the Services or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Femworking or the applicable licensor (such as an advertiser), you agree not to copy, modify, translate, publish, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Services or such Content, in whole or in part.
6. Disclaimers. Femworking is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services. Profiles created and posted by Members on the Website may contain links to other websites and Femworking may include or automatically produce links to third party websites (together, “Third Party Sites”). Inclusion of any linked websites on the Services does not imply approval or endorsement by Femworking of the linked websites, products or other materials on or available through such websites. Femworking is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Femworking. Femworking may also include articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Applications, Software or Content“). If you decide to leave Femworking and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from Femworking or relating to any applications you use or install from the Website. Femworking takes no responsibility for third party advertisements which are posted on the Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers. Femworking is not responsible for the conduct, whether online or offline, of any User of the Services. Femworking assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Femworking is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Femworking be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at an Event, from any Content posted on or through the Services, or from the conduct of any Users of the Services, whether online or offline. The Services are provided “AS-IS” and as available and Femworking expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Femworking cannot guarantee and does not promise any specific results from use of the Services.
7. Limitation on Liability. IN NO EVENT SHALL FEMWORKING BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF FEMWORKING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FEMWORKING’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FEMWORKING FOR THE SERVICES DURING THE CURRENT TERM OF MEMBERSHIP.
8. Disputes. If there is any dispute about or involving the Services, you agree that the dispute shall be governed by the laws of the State of Maryland. Either Femworking or you may demand that any dispute between Femworking and you about or involving the Services must be settled by arbitration utilizing the dispute resolution procedures according to Maryland laws, provided that the foregoing shall not prevent Femworking from seeking injunctive relief in a court of competent jurisdiction. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any Content or other material used or displayed through the Services.
9. Indemnity. You agree to indemnify and hold Femworking, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the Website or through the Services causes Femworking to be liable to another. You shall indemnify us and hold us harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or investigations, caused by (a) your failure to comply with this Agreement, including, without limitation, your submission of Content that violates third party rights or applicable laws, (b) any Content you submit to Femworking or (c) any activity in which you engage in or through the Website.
10. Changes. Femworking may modify this Agreement from time to time and such modification shall be effective upon posting by Femworking on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
11. Miscellaneous. This Agreement is accepted upon your use of the Website or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Femworking regarding the use of the Services. The failure of Femworking to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. Femworking reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice, and without liability.
Please contact us at kelley – at – Femworking.com with any questions regarding this Agreement.