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
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.
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.
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.
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.
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
325 118th Ave SE, suite 209
Bellevue, WA 98005
- 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.
Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, libelous, or invasive of the member’s own or another’s privacy is not allowed. A comment is potentially defamatory or libelous if it is stated as a fact instead of an opinion, if it is untrue and it causes harm to the person about whom the comment was made, The site’s built-in profanity filter is designed to intercept most abusive language, but it may not be 100% accurate. If a post contains any censored words, they will be blanked out like this: *****. Language that is racist, sexist, sexually explicit, defamatory or insulting is not allowed.
Spamming is when someone posts the same message on different boards or forums. It is annoying to other members and adds unnecessary “noise” and clutter to our community.
The Message Board is a place for users to meet others with similar interests, not for commercial solicitations. If someone is trying to sell a service, product or irrelevant point of view, it should be deleted. This includes unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email.
If the Moderator believes a member is posting with the intent of causing disruption or harm to other members’ community experience or enjoyment, that member’s message should be deleted.
If a member posts a message that the Moderator knows to be untrue, it will be removed. However, Her Interactive is not required to investigate and determine whether a statement is true.
Suspending a Member
The Moderator will have the ability to remove or suspend a Member’s posting privileges. Members receive infraction points for violating the rules. Once a specific number of infraction points is reached, the Moderator can then suspend their posting privileges temporarily or permanently, which means they are reduced to a “read-only” status for the Message Board. The following criteria are set by the Moderator at the time of suspension:
- Suspension start and end date
An email is sent to the user notifying them of their suspension and is displayed when the user attempts to log onto the message board. A default message is sent, but the Moderator has the ability to edit/personalize the message prior to sending. If a member continuously violates our policies, they may be permanently banned from the Message Board.