Terms of Use

(effective as of December 6, 2012)

Welcome to web and mobile services that are operated by the Women in the World Foundation, Inc. (“WITW”) (collectively, the “Services”).  The following Terms of Use (“Terms”) govern your access to and use of the Services.  These terms are a legal contract between you and WITW, and by using the Services, you agree to be bound by this contract, so you should read these Terms carefully before using the Services.

1. Changes to These Terms

We reserve the right to change these Terms or to modify any features of the Services at any time.  The current version of the Terms will always be posted on womenintheworld.org.  By registering for the Services or continuing to use the Services after the posting of such changes, you agree to be bound by the changes.

2. Privacy Policy

Please review our Privacy Policy, which also governs your use of the Services, to understand our practices regarding information we may collect about you.  The privacy policy is located at http://womenintheworld.org/pages/privacy-policy.  By using the Services, you indicate that you understand and consent to the collection, use, and disclosure of your information in accordance with the Privacy Policy.

3. Registration and Security

You may be asked to register in order to perform certain activities when you use the Services.  You agree to provide accurate, current, and complete information about yourself as requested or directed on the Services and to promptly update this information to maintain its accuracy.  WITW has the right to suspend or terminate your registration and to refuse any and all current or future use of the Services if it suspects that such information is inaccurate or incomplete.  You are responsible for maintaining the confidentiality of any password and username you are given or select in connection with the Services, and you are fully responsible for all activities that occur under your password or account.  You agree to immediately notify WITW if you become aware of any unauthorized use of your password or username or any other breach of security.

4. Use of the Services

You are required to comply with all applicable laws (including intellectual property laws) in connection with your access to and use of the Services, and any other limitations as may be described in any notice from WITW.  As a condition of your access and use of the Services, you agree that you will not use the Services for any purpose that is unlawful or inconsistent with these Terms and any other applicable notice.

Except for content you have posted on the Services, or unless expressly permitted, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, or in any way exploit any part of the Services, except that you may download, for your own personal use, one machine readable copy and/or one print copy that is limited to occasional articles of personal interest only.  Without limiting the generality of the foregoing, you may not distribute any part of the Services over any network, including a local area network, nor sell or offer it for sale.  In addition, you may not use the Services or any content on the Services to construct any kind of database.  If you are interested in obtaining a license to use the Services or WITW’s content, please submit your request to info [at] womenintheworld.org.

5. Third-Party Content and Links to Third-Party Websites

Some webpages on the Services may contain third-party owned content and links to other websites.  WITW has no control over such content and websites, and does not endorse and is not responsible or liable for the content, advertising, products, privacy practices, or other materials on or available from the third parties that provide such content and websites.

6. User Submissions

The Services may offer features that allow users to post content and communicate with others. This content may include text, images, photographs, audio, video, or material in any other form (collectively, “User Submissions”).  By submitting any User Submission on, to, or through the Services, you understand and agree that:

A. You will not post content that:

  1. infringes on the rights (including copyright, trademark, patent, and other intellectual property rights and rights of privacy and publicity) of any third party;
  2. is false, misleading, libelous, defamatory, obscene, abusive, hateful, or sexually-explicit;
  3. degrades others on the basis of gender, race, class, ethnicity, national origin, religion, sexual preference, disability, or other classification;
  4. contains epithets or other language or material intended to intimidate or to incite violence; or
  5. violates any applicable local, state, national, or international law.

B. You must obtain all necessary permission from any individuals identified in or implicated by your submission (including those shown in photographic content), and, in the case of minors, also from their parents or legal guardians, as appropriate.

C. WITW is not responsible for any content posted by third parties and has no obligation to monitor the content posted.  Nevertheless, WITW may monitor or review any User Submission as it chooses and reserves the right to remove, reject, or revise content that it deems inappropriate or otherwise objectionable for any reason whatever without consent.

D. Except with our prior written consent, you may make User Submissions only for non-commercial purposes.  You may not solicit funds, promote commercial entities, or otherwise engage in commercial activity in the content you post.

E. You use and/or rely on any information provided by other users at your own risk. WITW is not in any manner endorsing the content of the content that users post and cannot and will not vouch for its reliability.

F. You are giving WITW the worldwide, irrevocable, perpetual, royalty-free, non-exclusive, and fully sublicenseable right and license to display, distribute, reproduce, transmit, publish, perform, translate, edit, adapt, remove, modify, create derivative works from, and otherwise use such User Submissions in whole or in part, including in combination with your name, likeness, or other material, in its sole discretion, including but not limited to on the Services, in any affiliated publications, and in any form, media, or technology now known or later developed, including for promotional and marketing purposes.

7. Intellectual Property

A. The Services (including, but not limited to, text, photographs, graphics, video, and audio content) are protected by the copyright laws of the United States and other countries.  Except as provided elsewhere in these Terms, all components of the Services (including individual articles, content, and other elements comprising the Services) are also copyrighted works.  You must abide by all copyright notices or restrictions contained in the Services.

B. Trademark.  All rights in the product names, company names, trade names, logos, packaging, and designs of WITW, WITW affiliates, or third-party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to WITW or their respective owners, and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws.  The use or misuse of these trademarks or any materials containing the trademarks, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Services confers on you any license or right under any patent or trademark of WITW, its affiliates, or any third party.

C. Use of Authorized Interface.  The Services have been specially designed for presentation of content in a unique format and appearance to our users. We are concerned about the integrity of our Services when they are viewed in a setting created by a third party that includes advertising or other materials that we have not authorized to be displayed with our Services. Without limiting the provisions of this section, neither you nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of our rights, including copyright, or that has not been authorized by us.

D. Copyright Infringement Claims.  Just as WITW requires users to respect our copyrights, and those of our affiliates and partners, we respect the copyrights of others.  When we become aware of allegations of copyright infringement in material distributed on the Services, we will investigate the allegations and take appropriate action.  This can include, in the case of individuals who repeatedly infringe the copyrights of others, termination of access privileges.  If you believe in good faith that your copyrighted work has been reproduced on the Services without authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent either by mail to Copyright Agent, Women in the World Foundation, Inc., 555 West 18th Street, Second Floor, New York, NY 10011 or by email to Copyright.Agent [at] womenintheworld.org.  This contact information is only for suspected copyright infringement.  Contact information for other matters is provided elsewhere on the Services.

8. Associated Press Materials

The following provision applies to all visitors (which shall include persons and representatives of legal entities, whether such representatives are persons or digital engines of a kind that crawls, indexes, scrapes, copies, stores, or transmits digital content).  By accessing this Web site or digital service, you specifically acknowledge and agree that: (i) Associated Press text, photo, graphic, audio, and/or video material shall not be published, broadcast, rewritten for broadcast or publication, or redistributed directly or indirectly in any medium; (ii) no Associated Press materials nor any portion thereof may be stored in a computer except for personal and non-commercial use; (iii) the Associated Press will not be held liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part thereof or for any damages arising from any of the foregoing; (iv) the Associated Press is an intended third party beneficiary of these terms and conditions and it may exercise all rights and remedies available to it; and (v) the Associated Press reserves the right to audit your possible unauthorized commercial use of AP materials or any portion thereof at any time.

9. Indemnification

You agree to indemnify and hold harmless WITW, its members and affiliates, and each of their directors, officers, managers, employees, agents, and licensors, from and against all claims, demands, disputes, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising out of or in relation to these Terms or your use of the Services.  WITW reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section.  In such event, you shall provide us with such cooperation as is reasonably requested by us.

10. Disclaimers

The Services are available “as is.”  WITW does not warrant that the Services will be uninterrupted or error-free.  There may be delays, omissions, interruptions, and inaccuracies in the news, information, or other materials available through the Services.  We do not make any warranties, express or implied, including without limitation, those of non-infringement, merchantability, and fitness for a particular purpose, with respect to the Services or any information or goods that are available or advertised or sold through the Services.  We do not provide or authorize the provision of medical, legal, or other professional advice through the Services, and so we disclaim any responsibility for the accuracy or reliability of medical, legal, or other professional information that is contained within the Services; rather than relying on this information, you should seek advice from a qualified professional.  We do not make any representations regarding, nor do we endorse the accuracy, completeness, timeliness, or reliability of any advice, opinion, statement, or other material or database displayed, uploaded, or distributed in the Services or available through links in the Services.  We reserve the right to correct any errors or omissions in the Services.  Although we intend to take reasonable steps to prevent the introduction of viruses, worms, “Trojan horses,” or other destructive materials to the Services, we do not guarantee or warrant that the Services or materials that may be downloaded from the Services do not contain such destructive features.  We are not liable for any damages or harm attributable to such features.  If you rely on the Services or any materials available through the Services, you do so solely at your own risk.

11. Limitation of Liability

WITW, its members and affiliates, and each of their directors, officers, managers, employees, agents, and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business, or loss of data, in any way related to the Services or for any claim, loss, or injury based on errors, omissions, interruptions, or other inaccuracies in the Services (including without limitation as a result of breach of any warranty or other term provided in these Terms).  Any claim against us shall be limited to the amount you paid, if any, for use of the Services.

12. Miscellaneous

These Terms, including any materials linked from the Terms, are the entire agreement between you and WITW concerning your use of the Services.  These Terms supersede any prior agreements (whether oral, written, or electronic) concerning your use of the Services, including agreements with WITW’s affiliates.

The failure of WITW to enforce any provision(s) of these Terms or respond to a breach by any party shall in no way waive WITW’s right to subsequently enforce any of these Terms or respond to any breaches.

These Terms shall be governed by the laws of the United States and the State of New York, without reference to its choice of law rules, as if entered into by parties located in New York and performed fully therein.  You agree that any claim or dispute against WITW arising out of or relating to these Terms or the use of the Services must be brought within one year after such claim or dispute first accrues.  You further agree that any such claim or dispute must be brought in a court located in New York County, New York unless agreed upon by all parties, and you agree to submit to the exclusive personal jurisdiction and venue of such courts.
If any portion of these Terms is found to be invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

Nothing contained in these Terms is in derogation of WITW’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by WITW with respect to such use.

WITW shall have the right to assign, transfer, and sublicense these Terms, and its rights and obligations hereunder, to one or more other persons or entities.
These Terms may be terminated by any of the parties for any reason at any time.  Sections Four (4) through Twelve (12) of these Terms shall survive such termination.

13. Questions

If you have any questions about these Terms of Use, please contact us at info [at] womenintheworld.org.