TheBusinessMagazineforWomen.com Terms of Service Agreement
THE FOLLOWING DESCRIBES THE TERMS ON WHICH THEBUSINESSMAGAZINEFORWOMEN.COM / BUSINESSMAGAZINEFORWOMEN.COM / THE BUSINESS MAGAZINE FOR WOMEN OFFERS YOU ACCESS TO OUR WEBSITES, PLATFORM AND SERVICES:
We may amend the Agreement at any time or times by posting the amended terms on our website. All amended terms shall automatically be effective to existing users 30 days after they are initially posted on our website, and effective immediately to users registering after amendments are posted. This Agreement is effective for all users of our Platform.
1. Users and Members.
1.1 Users. Use of the public areas of TheBusinessMagazineforWomen.com is available to any individual without registration. In order to interact with TheBusinessMagazineforWomen.com, including posting a comment, a user must register to become a Member of the The Business Magazine for Women Community. As used in this Agreement, the term “User” shall refer to any User who has not registered to participate in the The Business Magazine for Women Community.
1.2 Members. Membership in TheBusinessMagazineforWomen.com is available to any individual at least 13 years of age residing anywhere in the world. As used in this Agreement, the term “Member” shall refer to any User who has registered to participate in the The Business Magazine for Women Community. We have the right, in our sole discretion, to suspend or terminate your use of our Platform and refuse any and all current or future use of all or any portion of our Platform.
1.3 Password and Security. When you complete our registration process you will create a password that will enable you to access our Platform. You agree to maintain the confidentiality of your password, and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any unauthorized use of your password or any other breach of security. You agree that TheBusinessMagazineforWomen.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 1.3.
2. Your Information
3. Use of Platform
3.1 Responsibility and Control. You, and not TheBusinessMagazineforWomen.com, are entirely responsible for all of Your Information that you upload, post, email, transmit or otherwise make available via our Platform. We do not control your Public Information or the Public Information of or posted by other Members and do not guarantee the accuracy, integrity or quality of Your Information or the Information of or posted by other Members. Nor do we endorse any opinions expressed by you or other users. You understand that by using our Platform, you may be exposed to information that is offensive, indecent or objectionable. We do not have any obligation to monitor, nor do we take responsibility for, Your Information, Public Information or information of or posted by other users. You agree that under no circumstances will TheBusinessMagazineforWomen.com, its directors, officers, shareholders, employees, consultants, agents, advisers, affiliates, subsidiaries or its third-party partners be liable in any way for any information, including, but not limited to, for any errors or omissions in Your Information or the Public Information of or posted by other Members, or for any loss or damage of any kind incurred as a result of the use of Your Information or any Public Information of or by any other Member posted, emailed, transmitted or otherwise made available in connection with our Platform, or for any failure to correct or remove any such information. 3.2 Grounds for Suspension and/or Termination. Notwithstanding any other provision of this Agreement, the following types of actions are cause for immediate suspension and/or termination of your status as an active Member of the The Business Magazine for Women Community: (a) The use of our Platform to: (i) harm or intimidate another person in any way, including restricting or inhibiting any other user from using our Platform; (ii) impersonate any person (including TheBusinessMagazineforWomen.com staff or other Members), or falsely state or otherwise misrepresent your affiliation with any person or company, through the use of similar email addresses, nicknames, or creation of false account(s) or any other method or device; (iii) disguise the origin of any Public Information that is transmitted to any third party; (iv) “stalk” or otherwise harass another; or (v) collect or store personal data about other users. (b) Posting any Public Information or other material: (i) that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, intimidating, vulgar, obscene, profane, libelous, invasive of another’s privacy (including the posting of private emails or contact information of another individual), hateful, or racially, ethically or otherwise objectionable, including any Public Information or other material that may be considered hate speech; (ii) that is obscene, pornographic or adult in nature; (iii) that you do not have a right to make available under any law or under contractual or fiduciary relationships; (iv) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party or rights of publicity or privacy; (v) that is unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation (including, but not limited to, “spam,” “junk mail,” and “chain letters”); or (vi) that is otherwise inappropriate or posted in bad faith; (c) Encouraging others to violate this Agreement; (d) Refusing to follow TheBusinessMagazineforWomen.com staff instruction or direction; or (e) Violation (intentional or unintentional) of this Agreement, or of any applicable local, state, national or international law, statute, ordinance or regulation.
While we prohibit the above conduct and content, you understand and agree that you nonetheless may be exposed to such conduct or content and that you use the Platform at your own risk.
4. Member Gatherings.
Through our Platform we provide tools that enable our Members to arrange physical meetings (a ” Gathering”) at venues that include, but are not limited to, public parks, private homes or private enterprises (such as coffee shops or retail stores). We do not supervise these Gatherings and are not involved in any way with the actions of any individuals at these Gatherings. As a result, we have no control over the identity or actions of the individuals who are present at these Gatherings, and we request that our Members exercise caution and good judgment when attending these Gatherings. Because we do not supervise or control any Gathering or any other interactions among or between Members and other persons or companies, and because we are not involved in any way with physical transportation to or from these Gatherings or with the actions of any individuals at these Gatherings, you agree that you bear all risk of attending any Gathering and you agree to release TheBusinessMagazineforWomen.com, its officers, directors, shareholders, agents, employees, affiliates, subsidiaries, third party partners, and their respective designees from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with your transportation to or from, attendance at, or the actions of you or other persons at, an Gathering. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver. You waive and relinquish all rights and benefits which you have or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or non-statutory law of any other jurisdiction (including without limitation the states of Missouri, Delaware and Pennsylvania) to the full extent that you may lawfully waive all such rights and benefits.
5. Communications from TheBusinessMagazineforWomen.com Staff.
You understand and agree that we may send you certain communications, such as TheBusinessMagazineforWomen.com service announcements and newsletters, as well as offers of goods and services relevant and beneficial to you or any affinity group of Members that you may join, and that these communications are considered part of our Platform.
We may provide, or third parties may provide, links to other websites or resources. Because we have no control over such websites or resources, you acknowledge and agree that we are not responsible for the availability of such websites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You also acknowledge and agree that TheBusinessMagazineforWomen.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resource.
8. Dealings with Marketing Partners and Third Parties.
Your correspondence or business dealings with, or participation in promotions of, marketing partners or other third parties found on our website or through our Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such marketing partner or other third party. You agree that TheBusinessMagazineforWomen.com 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 marketing partners or other third parties on our website or located through the use of our Platform.
You agree to indemnify and hold TheBusinessMagazineforWomen.com, its officers, directors, shareholders, agents, employees, consultants, affiliates, subsidiaries and third-party partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law, statute, ordinance or regulation or the rights of a third party, or your participation in Gatherings (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other Members or third parties at Gatherings).
10. Warranties; Liability
10.1 Disclaimer of Warranties. Your use of our Platform is at your sole risk. Our Platform is provided to you “as is” and on an “as available” basis. We specifically disclaim all warranties and conditions of any kind, whether express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We disclaim any warranties regarding the security, reliability, timeliness, and performance of our Platform. We disclaim any warranties for any information or advice obtained through our Platform. We disclaim any warranties for services or goods received through or advertised on our Platform or received through any links provided by our Platform, as well as for any information or advice received through any links provided through our Platform. In addition, no advice or information (oral or written) obtained by you from us shall create any warranty. 10.2 Assumption of Risk. You understand and agree that you download or otherwise obtain material or data through the use of our Platform at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data. 10.3 Limitation of Liability. You agree that in no event shall TheBusinessMagazineforWomen.com 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 TheBusinessMagazineforWomen.com has been advised of the possibility of such damages), arising out of or in connection with our Platform or this Agreement or the inability to use our Platform (however arising, including negligence), arising out of or in connection with any transaction with any third party or arising out of or in connection with your use of our Platform or transportation to or from Gatherings, attendance at Gatherings, participation in or exclusion from an affinity group of Members, and the actions of you or others at Gatherings. 10.4 Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or of incidental or consequential damages. Accordingly, some of the limitations in this Section 11 may not apply to you.
11. Dispute Resolution.
11.1 Process. The parties will attempt in good faith to resolve through negotiation any dispute, claim or controversy arising out of or relating to this Agreement including the documents it incorporates by reference, your use of our Platform, Your Information, your violation of any law or the rights of a third party, or your participation in Gatherings (whether the dispute, claim or controversy is due to or arising out of your transportation to or from, attendance at, or the actions of you or third parties at Gatherings). In the event that the dispute, claim or controversy is not resolved by these negotiations, the parties select the State and Federal Courts located in Brevard County, Florida as the only forum in which any such dispute shall be litigated. 11.2 Negotiation. Either party may initiate negotiations by providing written notice to the other party, setting forth the subject of the dispute and the relief requested. The recipient of such notice will respond in writing within fifteen (15) business days with a statement of its position on and recommended solution to the dispute. If the dispute is not resolved by this exchange of correspondence, then representatives of each party with full settlement authority will meet in person or otherwise at a mutually agreeable time and place within thirty (30) business days of the date of the initial notice in order to exchange relevant information and perspectives, and to attempt to resolve the dispute. 11.3 Dispute Resolution by TheBusinessMagazineforWomen.com for the Benefit of Members. We may try to help Members resolve disputes. We do so in our sole discretion, and we have no obligation to try to resolve disputes between Members. To the extent we attempt to resolve disputes, we will do so in good faith based solely on the general rules and standards of the Platform, and we will not make judgments regarding legal issues or claims.
We reserve the right at any time or times to modify or discontinue, temporarily or permanently, all or any portion of our Platform with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or termination of our Platform.
13. Termination; Breach.
You agree that we, in our sole discretion, may issue a warning, temporarily suspend, indefinitely suspend, remove content or information you have posted, or terminate your status as a Member or as a participant in an affinity group of Members, or your ability to use all or any portion of our Platform, for any reason, including, without limitation, (a) for lack of use, (b) if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the documents or agreements it incorporates by reference, (c) if we are unable to verify or authenticate any information you provide to us, or (d) if we believe that your actions may cause legal liability for you, our users or us. You agree that any termination of your account or access to all or any portion of the Platform under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our Platform. You also agree that we shall not be liable to you or any third party for any termination of your use of or access to all or any portion of the Platform.
14. Trademarks; Copyrights; Proprietary Rights.
14.1 TheBusinessMagazineforWomen.com’s Trademarks. TheBusinessMagazineforWomen.com, The Business Magazine for Women and other trademarks, service marks, and other logos, products and service names as indicated by us, are trademarks of The Business Magazine for Women. (the “Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Trademarks without the prior written consent of The Business Magazine for Women. 14.2 Copyrights and Trademarks of Others. TheBusinessMagazineforWomen.com respects the intellectual property of others, and we ask our Users to do the same. To the extent that you use a trademark that is the property of a third party, you shall provide clear notice that (a) you do not own the trademark and that the trademark is the property of a third party, (b) you have no affiliation, connection or association with that third party, and (c) that third party has not approved or sponsored your use of the trademark in any way. We may, in appropriate circumstances and in our discretion, remove, or disable access to, material that infringes on the rights of others, and terminate access to our Platform to those who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent the following information: 1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2.a description of the copyrighted work or other intellectual property that you claim has been infringed; 3.a description of where the material that you claim is infringing is located on the site; 4.your address, telephone number, and email address; 5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6.a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. Our Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail: Copyright Agent TheBusinessMagazineforWomen.com 1290 HWY A1A, Suite 209 Satellite Beach, FL 32937
By email: editor@TheBusinessMagazineforWomen.com
14.3 Proprietary Rights. You acknowledge and agree that our Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You also acknowledge and agree that content contained in sponsor advertisements or information presented to you through our Platform or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as consented to by TheBusinessMagazineforWomen.com or advertisers in writing, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on our Platform, in whole or in part.
15. No Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of TheBusinessMagazineforWomen.com’s Platform, use of the Platform, or access to the Platform for any sales of goods or services, or promotion of a company, good, or service.
16. Additional Terms
This Terms of Service Agreement is effective as of January 1, 2016
By indicating during registration that you have read and agreed to this Agreement, you are agreeing that you have read and understand this Agreement and agree to all of the terms of this Agreement.
TheBusinessMagazineforWomen.com Terms of Service Agreement