You are authorized to access and
use this Message Board only if you agree to both the Conditions
of Use for the Her Interactive Web Site and these Message Board
Rules (“Rules”) and any amendments or supplements to them that
may be posted by the Plan from time to time (collectively
referred to as this "Agreement"). If you do not agree to these
terms, you are not permitted to access and use the Message
Board. Your use of this Message Board shall be deemed to
constitute your consent to be bound by the terms and conditions
of the Agreement and shall be enforceable in the same way as if
you had signed the Agreement. If you are not willing to accept
the terms and conditions in the Agreement, you are not
authorized to use the Message Board.
Changes to the Rules
Her Interactive may make changes to the Agreement from time to
time in its sole discretion, and will post any such changes on
the Web Site. Each time changes are made to the Agreement, a
single notice of these changes will be posted on the home page.
After a change is made, you will be asked to confirm that you
have read and agree to the change. You will not be permitted to
continue using the Message Board unless you check the box
acknowledging that you have been advised of and read the change
to the Agreement. Your continued use of the Message Board
following the posting of changes constitutes your acceptance of
any such changes, irrespective of whether you actually read the
changes.
Authorization and Conditions for
Posting Member Content
Subject to all of the conditions and terms of use as stated
herein, you are authorized to post information (“Member
Content”) and otherwise utilize this Message Board for such
purposes as are otherwise stated herein.
You understand and agree that all
Member Content is the sole responsibility of the person with
whom the Member Content originated. Thus, you are entirely
responsible for all Member Content that you disseminate or
transmit through or by means of this Message Board. Also,
because Her Interactive does not review Member Content for
accuracy or compliance with applicable laws, if you chose to
rely on Member Content, you assume all risk and are solely
responsible for the consequences of doing so.
You represent and agree that you
will not use the Message Board in any way to:
(a) post, disseminate, or
transmit any content that is unlawful, harassing, defamatory,
abusive, threatening, obscene, harmful, libelous, or invasive of
your own or another's privacy;
(b) post, disseminate, or
transmit any content that infringes or violates any party's
copyright, trademark, trade secret, patent, or other proprietary
right, including, but not limited to using third-party materials
without appropriate permission, and using or distributing
third-party information (whether or not protected as a trade
secret) in violation of a duty of confidentiality;
(c) post, disseminate, or
transmit any worms, viruses, or other harmful, disruptive, or
destructive files, code, or programs;
(d) post, disseminate, or
transmit any unauthorized advertising, promotional materials,
chain letters, spam, junk mail, or any other type of unsolicited
mass email;
(e) impersonate any person or
entity; falsely state or otherwise misrepresent your affiliation
with any person or entity; intentionally omit, delete, forge, or
misrepresent transmission information, including headers, return
mailing, and Internet protocol addresses; or otherwise
manipulate identifiers to disguise the origin of any Content
transmitted through the Web Site;
(f) post, disseminate, or
transmit any Content you do not have the right to post,
disseminate, or transmit;
(g) interfere with, disrupt, or
harm in any way the Web Site or servers or networks connected to
the Web Site;
(h) collect or store personal
data about other Users, or otherwise; engage in any activities
that would violate the personal privacy rights of others,
(i) use the Message Board for any
illegal purpose, in violation of any applicable laws or
regulations.
Member Content
You acknowledge that Her interactive has no duty or obligation
to prescreen content, including Member Content. Her Interactive
and its designees will have the right in their sole discretion
to refuse, remove, or move any content, including Member
Content, that is available via the Message Board. Her
Interactive reserves the right in its sole discretion to refuse
access to the Message Board to any user for any reason,
including without limitation, any reason that violates the
Agreement. Without limiting the foregoing, Her Interactive and
its designees will have the right to remove any Member Content
that violates the Agreement or that Her Interactive considers,
in its sole discretion, objectionable, whether for legal or for
other reasons.
You acknowledge and agree that
Her Interactive may preserve Member Content and may also
disclose Member Content and the information you provide upon
registering for a screen name if required to do so by law or in
the good faith belief that such preservation or disclosure is
reasonably necessary to (a) comply with legal process; (b)
enforce the Agreement; (c) respond to claims that any Member
Content violates the rights of third parties; or (d) protect the
rights, property, or personal safety of Her Interactive, its
users, and the public.
By posting Member Content to the
Message Board you (1) represent and warrant that you have all
necessary permission to post or transmit Content; and (2) grant
to Her Interactive and any persons using the Message Board a
worldwide, nonexclusive, perpetual, fully sub-licensable,
royalty-free right and license to use, reproduce and display
such Member Content in whole or part.
By their nature, public forums
contain the opinions and views of other users. Her Interactive
is not responsible for the accuracy of any messages on the
Message Board and you agree that if you choose to rely on any
information or advice you receive from the Message Board, you do
so at your own risk and release Her Interactive from any and all
liability that may result.
You agree that Her Interactive
may establish, in its sole discretion and without prior notice
to you, a maximum amount of storage space for Member Content
maintained, disseminated, or transmitted through the Message
Board. You agree that Her Interactive has no responsibility or
liability for the deletion of or failure to store any messages,
communications, or other content maintained, disseminated, or
transmitted through the Message Board.
Third Party Contacts
Your dealings with any third parties found on or through the
Message Board are solely between you and the third party. Her
Interactive makes no representations or warranties with respect
to any information, items or services that may be obtained from
such third parties, and you agree that Her Interactive will have
no liability with respect to any loss or damage of any kind
incurred as a result of any dealings between you and any third
party.
Disclaimer of Warranties
THE MESSAGE BOARD IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. HER INTERACTIVE DOES NOT WARRANT THE INFORMATION OR
SERVICES PROVIDED HEREIN OR YOUR USE OF THE MESSAGE BOARD
GENERALLY, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR
PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES,
INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE,
NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. HER INTERACTIVE WILL NOT BE RESPONSIBLE FOR ANY LOSS
OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES
OF ANY INFORMATION OR SERVICES POSTED BY OR MADE AVAILABLE TO
YOU VIA THE MESSAGE BOARD. HER INTERACTIVE CANNOT AND DOES NOT
GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF
ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE MESSAGE
BOARD FOR ANY PARTICULAR PURPOSE. NEITHER HER INTERACTIVE NOR
ANY OF ITS AFFILIATES, DIRECTORS, OFFICERS OR EMPLOYEES, NOR ANY
THIRD PARTY VENDOR, WILL BE LIABLE OR HAVE ANY RESPONSIBILITY OF
ANY KIND FOR ANY LOSS OR DAMAGE THAT YOU INCUR IN THE EVENT OF
ANY FAILURE OR INTERRUPTION OF THE MESSAGE BOARD, OR RESULTING
FROM THE ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN MAKING
THE MESSAGE BOARD, THE DATA CONTAINED HEREIN OR THE CONTENT AND
ANY PRODUCTS OR SERVICES AVAILABLE TO YOU FROM THE MESSAGE
BOARD, OR FROM ANY OTHER CAUSE RELATING TO YOUR ACCESS TO,
INABILITY TO ACCESS, OR USE OF THE MESSAGE BOARD, WHETHER OR NOT
THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN
THE CONTROL OF HER INTERACTIVE OR OF ANY VENDOR PROVIDING
SOFTWARE OR SERVICES. IN NO EVENT WILL HER INTERACTIVE OR ANY
SUCH PARTIES BE LIABLE TO YOU, WHETHER IN CONTRACT OR TORT, FOR
ANY DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL OR
INCIDENTAL DAMAGES, ATTORNEY FEES, OR ANY OTHER DAMAGES OF ANY
KIND EVEN IF HER INTERACTIVE OR ANY OTHER SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY THEREOF. THIS LIMITATION ON LIABILITY
INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES
WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR
ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER
INTERCONNECT PROBLEMS (E.G., YOU CANNOT ACCESS YOUR INTERNET
SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS,
STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. HER
INTERACTIVE CANNOT AND DOES NOT GUARANTEE CONTINUOUS,
UNINTERRUPTED OR SECURE ACCESS TO THE MESSAGE BOARD.
YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE MESSAGE BOARD IS USED AT YOUR OWN 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 SUCH
MATERIAL.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THE MESSAGE BOARD SHALL
CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Indemnification
You agree to indemnify and hold harmless Her Interactive, from
and against any and all liability, losses, claims, demands,
disputes, damages, and costs of any kind, including, without
limitation, reasonable attorneys' fees and costs of litigation
resulting from or in any way connected with your use of the
Message Board; Content you submit, post, or transmit through the
Message Board; your breach of the Agreement; and your connection
to the Message Board.
Privacy
The information that we obtain through your use of the Message
Board, whether through the registration process or otherwise, is
subject to Her Interactive’s Privacy Policy. That Privacy Policy
addresses our collection and use of the data you provide to us,
including your rights relative to that information. Please
review the Privacy Policy before you use the Message Board. If
you are unwilling to accept the terms and conditions of the
Privacy Policy, you may not use the Message Board.
Disputes
You
expressly acknowledge and agree that the sole and exclusive
forum for resolving any controversy or claim arising out of or
relating to the Agreement, or otherwise relating to any rights
in, access to or use of, the Message Board and/or the rights and
obligations of the parties hereto shall be binding arbitration,
under the American Arbitration Association ("AAA") commercial
arbitration rules, then in effect. You also agree that the AAA
optional rules for emergency measures of protection shall also
apply to the proceedings. Judgment on the award rendered by the
arbitrators may be entered in any court having jurisdiction
thereof. In the event that this provision is held invalid or
unenforceable, the remaining portions of this section shall
remain in full force and effect.
Infringement
If you are a copyright owner or the agent of a copyright owner
and believe any Member Content or any other content on the
Message Board infringes any copyright or other intellectual
property right, please provide the following information, in
writing and signed by you, to the Her Interactive Copyright
Agent at the address listed below:
Her Interactive Copyright Agent
1150 114th Ave SE, suite 200
Bellevue, WA 98006
• A description of the
allegedly infringing content and of the copyrighted work which
you believe is infringed, including an assertion that you either
own such copyright interest, or are the authorized agent of the
owner.
•
Your address, telephone number and e-mail address.
• Your statement that
all information you have provided is accurate and that you have
a good-faith belief that the use of the disputed content is not
authorized by the copyright owner, its agent or by law.
Message Board Policing
If a Member feels a
certain Member Content violates the Rules, they should report
the abuse/violation to the Message Board Moderator. The
Moderator will in turn respond to the individual reporting. If
it is determined that the complained of content violates the
Rules, it will be removed from the Message Board as soon as
possible.
Deleting a Message
The Message Board is
operated using a “hands off” policy for Member content. However,
content that violates the Rules will be deleted or edited.
Member Content that violates the
Rules may be deleted. Some of the reasons include, but are not
limited to:
Violation of a Third Party’s
Rights
Content that infringes or
violates any party's copyright, trademark, trade secret, patent,
or other proprietary right is subject to removal.
