| Terms of Use |
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LAST
UPDATED: AUGUST 31, 2008 PLEASE
READ THE FOLLOWING TERMS OF USE RELATING TO YOUR USE OF THE SHE 2.0 WEBSITE
CAREFULLY. THESE TERMS OF USE GOVERN YOUR USE OF THE SHE 2.0 WEBSITE AND
ALL SERVICES OFFERED THROUGH THE WEBSITE. These Terms of Use
("TOU") apply to all users of the SHE 2.0 website (the "Site"). By using this
Site (including any content posted on the Site), you signify your acceptance of
these TOU, as well as the SHE 2.0 Privacy Policy, which is incorporated by reference into these TOU and
made a part hereof. SHE 2.0 reserves the right to update or change these TOU at
any time by posting the most current version of the TOU on the Site. Your
continued use of the Site after we post any changes to the TOU signifies your
agreement to any such changes. If you do not agree to these TOU, you must
discontinue using the Site and terminate your membership in SHE 2.0. Website Access
THIS
IS A SOCIAL NETWORKING WEBSITE FOR ALL WOMEN TO CONNECT, SHARE INFORMATION,
HELP, AND LEARN FROM EACH OTHER.
TO USE THIS SITE AND THE SERVICES OFFERED, YOU MUST BE 18 YEARS OLD OR
OLDER. BY ACCESSING THIS SITE, YOU ARE CERTIFYING THAT YOU ARE AT LEAST 18
YEARS OF AGE. USE OF THE SITE AND THE SERVICES IS VOID WHERE PROHIBITED. Registering as a Member
You do not have to
be a SHE 2.0 Member to view this Site. However, only Members can access the
social networking features SHE 2.0 currently offers or other services that we
may offer in the future (the "Services"). Registration is free. If you are not
registered with us, please click
here to register and
become eligible for all of SHE 2.0's features. When you register
with SHE 2.0, you will be asked to provide us with your name, birthdate, email
address and other information that we may request, all of which will become
part of your profile ("Profile Data"), and which you can add to or change from
time to time. You will also be asked to select a screen name and password which
will serve to identify you as a Member each time you visit the Site and allow
you to access your account. You may not (i) select or use a screen name of
another person with intent to impersonate that person, (ii) use a screen name
in which another person has rights without authorization from that person, or
(iii) use a screen name that SHE 2.0, at its sole discretion, deems offensive.
You agree to provide (i) true, accurate, current and complete information about
yourself as prompted by the registration form, and (ii) maintain and properly
update the Profile Data to keep it true, accurate, current and complete. If you
provide information that is untrue, inaccurate, not current or incomplete, or
SHE 2.0 has reasonable grounds to suspect that you have, we have the right to
suspend or terminate your membership and refuse any and all current or future
use of the Site and the Services (or any portion thereof). Members must immediately
notify SHE 2.0 of any known or suspected unauthorized use of a Member's
account, or any known or suspected breach of security, including loss, theft,
or unauthorized disclosure of Member's password. Members should be cautious
about sharing their account information with third parties. Each Member is
responsible for the confidentiality of her/his screen name and password and all
usage or activity on her/his account, including use of the account by any third
party, whether or not such use is authorized by the Member. How You Can Use the Services
This Site and the
Services offered are intended for your personal, noncommercial use in
accordance with these TOU. You agree that you will not (i) copy, display or
distribute any part of the Site, in any medium, without SHE 2.0's prior written
consent, or (ii) alter or modify any part of the Site other than as may be
reasonably necessary to use the Site for its intended purpose. You further agree
that you will not use any automated devices, such as spiders, robots or data
mining techniques to catalog, download, store or otherwise reproduce, store or
distribute content available on the Site, or to manipulate the Site or the
Services, or otherwise exceed the limited access granted to you by SHE 2.0. You
will take no action to interfere with, interrupt, destroy or limit the
functionality of the Site or any computer software or hardware or
telecommunications equipment. You will not distribute or transmit any content
or software or other computer files that contain a computer virus or other
harmful component User Submissions
Most of the
content on SHE 2.0 is submitted by our Members. We encourage you to take
advantage of the many opportunities to interact with SHE 2.0 Members by posting
and reading content and participating in online discussions. You acknowledge
that by using the Site, you may be exposed to content that you find
objectionable, indecent or offensive or which is inaccurate, misleading or
incomplete. We are not responsible for the accuracy, completeness or usefulness
of any content, nor do we endorse such content. We do not verify the identity
of people using our Site. You use the Site and the content at your own risk. All content that
you post to SHE 2.0 must comply with these TOU. You take sole responsibility for all content that you
post on the Site and the consequences of posting that content. You are
responsible for obtaining all necessary rights to upload, post and distribute
the content, including obtaining permission from any person shown in a photo
that you upload or identified in any writing that you post. You agree that you
will not upload, email, transmit, or otherwise make available any content that
is: -
threatening,
defamatory, abusive, obscene, pornographic, or any material that would give
rise to any civil or criminal liability under applicable law; -
ny materials that
could infringe any copyright, trademark, publicity or privacy right or any
other intellectual property right of any person or entity unless you have first
received permission from the owner of those rights to use the materials; -
any materials
containing slurs, hate speech or which attack an individual or group on the
basis of race, color, religion, national origin, or sexual preferences; -
any materials that
contain an email address, telephone number, street address, last name, or any
other content or information that identifies a user; -
any
materials that constitute spam. Sending the same message multiple times or to
multiple people will be treated as spam. We permit
advertising only in specified areas of the Site that are specifically
designated for advertising. By submitting
content to the Site, you grant to SHE 2.0 and its successors in business a
perpetual, worldwide, royalty-free, and non-exclusive license to reproduce,
distribute, modify, edit, display, adapt, create derivative works from and
market and promote the content, for any commercial purposes, and in any medium
now existing or hereinafter developed, and to use your name, likeness and any
personal information you submit with the content without your prior approval or
the payment of any compensation. You also grant each user of the SHE 2.0 Site a
non-exclusive license to access your content as permitted through the
functionality of the Site and under these TOU. Our Content Removal Rights
We reserve the
right, but not the obligation, to monitor, edit or remove any content at any
time and without notice if we believe that (i) the content violates these TOU, (ii) removal is necessary to protect the rights,
property or personal safety of SHE 2.0, its users and the public, or (iii) if
required to do so by law. We also reserve the right to remove postings that are
off the subject or not in English. We can also remove content if we believe
that doing so will improve our Site and the experience of our Members. If you belief that
any postings on the Site violate these TOU, please let us know by using the "Report
this" links found on every page of the Site. We try to review all reported violations and, if we agree with you, we'll take appropriate action. However, in all cases, we are the final judge on whether these TOU have been violated and we will determine what, if any, action should be to taken. Notwithstanding
anything to the contrary stated herein or in our Privacy Policy, we have the
right to view and monitor any content posted to this Site if we have reason to
believe that the content or the Member posting the content has violated these TOU, or has engaged in conduct that is fraudulent, deceitful, unlawful or is or could be a threat to persons or property. Proprietary Rights
The Site and all
material published on the Site, including, but not limited to text,
photographs, video, text, graphics, music, sounds, messages, comments, ratings,
and other materials is owned by SHE 2.0 or its licensors and is protected by
copyright, patents, trademarks, trade secrets and/or other proprietary rights,
including under the United States copyright laws. SHE 2.0 owns a copyright in
the selection, coordination, arrangement and enhancement of such content and a
copyright in the Site. All trademarks
appearing on this Site are trademarks of their respective owners. Users are
prohibited from using any of these trademarks without the written permission of
SHE 2.0 or such third party that may own the trademarks. Content on the
Site is provided AS IS for your information and personal use only. You may not
copy, publish, transmit, distribute, perform, sell, create derivative works of,
or in any way exploit, any of the content, in whole or in part, without She
2.0's prior written consent. You may download content for your personal,
non-commercial use only as provided in these TOU, provided that you keep intact
all copyright and other proprietary notices. Copying or storing of content for
other than personal use is expressly prohibited without prior permission from
us or the copyright holder identified in the copyright notice contained in the
content. No License Granted
Except for
allowing you to use the Site for your personal use as set forth in the
paragraph above, when you use the Site, you are not receiving a license or any
other rights from us, including intellectual property or other proprietary
rights of SHE 2.0. YOU UNDERSTAND THAT YOU HAVE NO RIGHTS TO THE SERVICES OR
ANY OTHER SHE 2.0 PROPERTY EXCEPT AS WE INDICATE IN THESE TERMS. Age Requirements
You must be at
least 18 years old to join SHE 2.0 and to use the Services. The SHE 2.0 Site
and Services is not intended for children under the age of 18. SHE 2.0 does not
knowingly collect personal information from children under the age of 18. Communications from She 2.0
By registering for
She 2.0, you will receive online communications from She 2.0. To unsubscribe
from any SHE 2.0 email list, simply click on the “Unsubscribe” link at the
bottom of the email and your name will be removed from that mailing list. Links
The Site, or
Members, may provide links to other World Wide Web sites or resources. Because
SHE 2.0 has no control over such sites and resources, you acknowledge and agree
that SHE 2.0 is not responsible for the availability of such external sites or
resources, and does not endorse and is not responsible or liable for any
content, advertising, products or other materials or available from such sites
or resources. You further acknowledge and agree that SHE 2.0 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 use of or reliance on any such
content, goods or services available on or through any such site or resource. Indemnity
You understand
that you are personally responsible for your behavior while on the Site and
agree to indemnify and hold SHE 2.0, and its affiliates, business partners, and
their respective officers, directors, employees, and agents, harmless from and
against any loss, damage, liability, cost, or expense of any kind (including
attorneys' fees) that we may incur in connection with a third party claim or
otherwise, in relation to your use of the Services or access to the Site, or
your violation of either these TOU, applicable law or the rights of any third
party. Disclaimer of Warranties
YOU UNDERSTAND
THAT YOUR USE OF THE SITE AND SERVICES (INCLUDING ANY DOWNLOADS OR ANY LOSS OF
DATA OR OTHER DAMAGE TO YOUR COMPUTER SYSTEM YOU EXPERIENCE FROM USING THE SITE
AND SERVICES) IS AT YOUR SOLE RISK. YOU UNDERSTAND THAT THE SITE AND SERVICES
AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT (INCLUDING THIRD PARTY
INFORMATION, PRODUCTS AND CONTENT INCLUDED IN OR ACCESSIBLE FROM THE SITE OR
SERVICES, ARE PROVIDED ON AN "AS IS" "WHERE-IS" AND
"WHERE AVAILABLE" BASIS, AND ARE SUBJECT TO CHANGE AT ANY TIME
WITHOUT NOTICE TO YOU. YOU ACKNOWLEDGE THAT SHE 2.0 MAKES NO WARRANTY THAT THE
SITE OR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. YOU
UNDERSTAND THAT SHE 2.0 DOES NOT WARRANT THAT THE RESULTS OBTAINED FROM YOUR
USE OF THE SITE OR SERVICES WILL MEET YOUR EXPECTATIONS. NO WARRANTY OF ANY
KIND, WHETHER ORAL OR WRITTEN, CAN MODIFY THE TERMS OF THE DISCLAIMER SET FORTH
IN THIS DOCUMENT. YOUR USE AND BROWSING OF THE SITE IS AT YOUR
OWN RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE MATERIALS CONTAINED IN THE
SITE OR SERVICES, OR WITH ANY OF THESE TOU, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND
SERVICES. TO THE FULLEST
EXTENT PERMITTED BY LAW, SHE 2.0 DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND
CONDITIONS OF ANY KIND (EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING
BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS) AS TO
THE SITE AND SERVICES AND ALL INFORMATION, PRODUCTS, AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS, AND CONTENT) INCLUDED IN OR
ACCESSIBLE FROM THE SITE AND SERVICES. THE INFORMATION IS
PROVIDED WITH THE UNDERSTANDING THAT SHE 2.0 IS NOT ENGAGED IN RENDERING LEGAL,
MEDICAL, FINANCIAL, COUNSELING, OR OTHER PROFESSIONAL SERVICES OR ADVICE. SHE
2.0 ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE REGARDING
ANY SITUATION THAT REQUIRES SUCH ATTENTION. Liability Disclaimer
TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SHE 2.0 OR ITS AFFILIATES
BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL,
CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE,
PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL
INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY
TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE
SERVICES, EVEN IF SHE 2.0 HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF
SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT,
UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. If any part of
these warranty disclaimers or limitations of liability is found to be invalid
or unenforceable for any reason, then our aggregate liability for all claims
under such circumstances for liabilities shall not exceed fifteen dollars ($15). Access Restrictions; Termination
We can suspend or
terminate your membership in SHE 2.0 and your access to the Site or the
Services, in whole or in part, at any time, immediately and without notice if,
at SHE 2.0's sole discretion, you fail to comply with any of the TOU. Upon termination, you must destroy all materials obtained
from this Site and the Services and all copies thereof. In the event of
suspension or termination, you are no longer authorized to access the Site or
the Services, and the restrictions imposed on you with respect to any materials
downloaded from the Site or the Services and the disclaimers and limitations of
liabilities set forth in the TOU shall survive. You understand and
agree that your membership in SHE 2.0 is subject to and conditioned upon the
following: Your continued adherence to these TOU and any future modifications thereto. Your violation of these TOU or any other agreement between you and SHE 2.0 constitute
grounds for immediate termination of your membership without further notice at
SHE 2.0's sole discretion. We may also terminate your membership at any time,
immediately and without notice, if we determine, in our sole discretion, that
your conduct is detrimental to our business or the She 2.0 community.
Termination of your membership will result in cancellation of all rights of
access and use granted to Members. She 2.0 reserves the right to change,
discontinue or suspend She 2.0 or any of the Services at any time for any
reason. SHE 2.0 shall be the sole determiner in cases of suspected abuse, fraud, or breach of these TOU. Any decision SHE 2.0 makes relating to termination or suspension of any Member's account shall be final and binding. SHE 2.0 may terminate any Member's account at its sole discretion if a Member has been
inactive for a period of twelve (12) months. A Member will be defined as
inactive if she has not logged into the Site with her screen name and password,
or contacted SHE 2.0 in any other manner. Digital Millennium Copyright Act ("DMCA") Notice
Materials may be
made available via the Site and the Services by third parties not within our
control. We are under no obligation to, and do not, scan content posted,
however, we respect the copyright interests of others. It is our policy not to
permit materials known by us to infringe another party's copyright to remain on
the Site or the Service. If you believe any
materials on the Site or the Service infringe a copyright, you should provide
us with written notice that at a minimum contains: 1.
A physical or
electronic signature of a person authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed; 2.
Identification of
the copyrighted work claimed to have been infringed, or, if multiple
copyrighted works at a single online site are covered by a single notification,
a representative list of such works at that site; 3.
Identification of
the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be
disabled, and information reasonably sufficient to permit us to locate the
material; 4.
Information
reasonably sufficient to permit us to contact the complaining party, such as an
address, telephone number, and, if available, an electronic mail address at
which the complaining party may be contacted; 5.
A statement that
the complaining party has a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law; and 6.
A statement that
the information in the notification is accurate, and under penalty of perjury,
that the complaining party is authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed. All DMCA notices
should be sent to:
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SHE 2.0 Employees
Our employees are
dedicated to building the best social networking site for women and providing
you with the tools that you need to have a great online experience. In
connection with their work, some of our employees are required to use the Site,
including creating a profile. Our advertisers may also use the Site and the
Services, including creating a profile, for business and advertising purposes. Miscellaneous.
These TOU are the
entire agreement between you and SHE 2.0. They supersede any and all prior or
contemporaneous agreements between you and SHE 2.0 relating to your use of the
Site or the Services. If any part of these TOU is determined to be invalid or
unenforceable, it will not impact any other provision of these TOU, all of
which will remain in full force and effect. The failure of SHE 2.0 to partially
or fully exercise any rights or the waiver of SHE 2.0 of any breach of these TOU
by you, shall not prevent a subsequent exercise of such right by SHE 2.0 or be
deemed a waiver by SHE 2.0 of any subsequent breach by you of the same or any
other term of these TOU. The rights and remedies of SHE 2.0 under these TOU and
any other applicable agreement between you and SHE 2.0 shall be cumulative, and
the exercise of any such right or remedy shall not limit SHE 2.0's right to exercise
any other right or remedy. These TOU are
governed by, and will be interpreted in accordance with, the laws of the State
of North Carolina, without regard to any choice of law provisions. You agree
that, with the exception of injunctive relief sought by SHE 2.0 for any
violation of SHE 2.0's proprietary or other rights, any and all disputes
relating to these TOU, your use of the Site or the Services shall be resolved
by arbitration in accordance with the then-current rules of the American
Arbitration Association (the "AAA") before an independent arbitrator
designated by the AAA. The location of arbitration shall be Raleigh, North
Carolina, USA. The She 2.0 website is owned and operated by SHE 2.0. which also owns the SHE 2.0 trademark. |