Visitors to ShesConnected may register their identifying information and become “Registered Users.” While ShesConnected is intended for women, you are welcome to register if you are a man. As a Registered User, you have your own home page consisting of access to content and tools such as your goals, community tools (e.g., discussion groups and blogs), and other services in which only Registered Users may participate.
Each Registered User receives a unique username and password. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You may change your password at any time by updating your profile on ShesConnected.com. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
By registering at ShesConnected, you agree to provide true, accurate, current and complete information about yourself in all required fields of the registration form. If any of your information changes, you agree to update your registration information as soon as possible. If we suspect that your registration information is not complete, current, or accurate, or that you have otherwise violated these TOU, your account may be subject to suspension or termination, we may delete anything you have posted, including but not limited to information about yourself, and you may be barred from using the ShesConnected Web site.
The Company and/or third parties may, from time to time, send e-mail messages to you containing advertisements, promotions, etc. We make no representation or warranty with respect to the content of any such e-mail messages or any goods or services which may be obtained from such third parties, and you agree that neither the Company nor such third party shall have any liability with respect thereto.
ShesConnected includes certain services that are available via your mobile phone, including (i) the ability to upload content to ShesConnected via your mobile phone (Mobile Uploads), (ii) the ability to receive and reply to ShesConnected messages, to write wall posts using text messaging (Mobile Texts), (iii) the ability to browse ShesConnected from your mobile phone (Mobile Web), and (iv) the ability to access certain ShesConnected features through a mobile application you have downloaded and installed on your mobile phone (Mobile Client) (collectively the “Mobile Services”). We may or may not charge for these Mobile Services. However, your carrier’s normal messaging, data and other rates and fees will still apply. You should check with your carrier to find out what plans are available and how much they cost. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding ShesConnected, the Company, and other Web sites, services, products and entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
ShesConnected is not directed at children under 13 years of age. Any registration with, use of, or access to the ShesConnected Web site by anyone under 13 is unauthorized, unlicensed, and in violation of these TOU. Parents of children between the ages of 13 and 18 who wish to allow their children access to the site have the responsibility to determine the content that is appropriate for their children. Please be aware that ShesConnected users have created areas on the ShesConnected Web site that may contain adult or mature content.
ShesConnected (excluding linked sites and blogs) is maintained by the Company from its offices in the state of Massachusetts, United States of America. The Company makes no representation that the information offered on, or the services or products offered through, Shesconnected.com are appropriate, available or legal in any particular location. Those who choose to access the Web site, and the information, services, and products offered therein and thereon do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that this Agreement, for all purposes, shall be governed and construed in accordance with the laws of the Commonwealth of Massachusetts and any action based on or alleging a breach of this Agreement must be brought in a state or federal court located in Massachusetts. In addition, both parties agree to submit to the exclusive personal jurisdiction and venue of such courts. If any of these terms and conditions is found unlawful, void, or for any reason unenforceable, then that provision will be considered severable from the remaining terms and conditions, and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement between you and us relating to the subject matter it contains. This agreement may be modified only by our posting of changes to these terms and conditions, or by a writing signed by both parties. Any inquiries concerning these terms and conditions of use should be directed to Info@shesconnected.com
ShesConnected operates and is hosted in the United States and is intended for users located in the United States. We do not represent that materials on the site are appropriate or available for use in other locations. If you are a non-U.S. user of Shesconnected.com, by visiting our Web site or the Publishing Network, using the Company’s services and/or providing us with any Content, you agree to comply with all federal and state U.S. laws governing the Web site, its services, online conduct and acceptable content. You further agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
ShesConnected presents resources for the purpose of informing, entertaining, and creating a community among ShesConnected Visitors and Registered Users; our intent is not to provide exhaustive information or advice on a particular topic. You should not rely on information provided at or on ShesConnected to suggest an authoritative course of action for an individual with legal, financial, educational, medical, or mental health concerns. The information contained on the Web site should not replace a consultation with a qualified expert in the field, such as an attorney, accountant, financial or investment advisor, teacher, physician, health care provider, or therapist.
The Company is the owner of this Web site as a whole, and of any individual content on the Web site that is provided by the Company’s staff members, or contributors who provide work under contract with the Company (the “ShesConnected Content”). All ShesConnected Content is protected under the copyright and intellectual property laws of the United States and other countries. The Web site also includes works that are the property of others, such as individual contributors or experts; these works, too, are protected by copyright and other intellectual property laws. You may display and, unless otherwise noted, download and print out portions of the ShesConnected Content solely for your own personal, non-commercial use. Any redistribution, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner. You agree not to change or delete any proprietary notices from materials downloaded from ShesConnected.
ShesConnected is intended to be an Internet destination where individuals may exchange diverse viewpoints and ideas. The interactive nature of postings on ShesConnected makes it impossible for us to assume responsibility for any of the materials posted by Visitors and Registered Users. The ideas, suggestions, opinions, comments, and observations made by ShesConnected users, and any text, data, photographs, video, music, sound, chat, messages, files or other material provided to us by ShesConnected Visitors and Registered Users (all of which are referred to as “User Content”) are not endorsed by the Company, and we make no guarantee regarding the reliability, accuracy, or quality of any User Content that is posted on the Web site. You acknowledge that you will evaluate and bear any risks related to your use of any User Content, including any reliance on the accuracy, completeness, or usefulness of such User Content. All User Content posted to the Web site is the sole responsibility of the person who originally posted the User Content, and your sole recourse for any damage you may suffer as a result of User Content shall be to such individual.
We do not claim any ownership rights in User Content. By submitting User Content, you are representing that you are the creator of the material you submit, or have authorization to distribute it. After posting User Content, you continue to retain your ownership rights in such User Content, and you continue to have the right to use your User Content in any way you choose. By sending User Content to ShesConnected, or posting it on the Web site, you expressly grant the Company a worldwide, royalty-free, and non-exclusive perpetual license to publicly display, use, reproduce, modify, create derivative works from, and distribute the User Content in any form, in connection with ShesConnected or other affiliated or related Company ventures. This license is sub-licensable (so that the Company is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Web site and any other Company services). If you choose to post User Content on ShesConnected Web pages, we require that you adhere to generally accepted rules of etiquette and standards of behavior, and that your use of ShesConnected reflects your respect for the legal rights of users connected with ShesConnected. In particular, you agree to the “Rules of Conduct” posted below (though this is not meant as an exhaustive list). You acknowledge that we may or may not pre-screen User Content, but that the Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move or remove any User Content from the Web site, with or without notice.
The following rules of conduct apply to your use of the Web site and to any and all materials you post on ShesConnected, including text, data, graphics, audio or video content, music, sound, chat, messages, files or other material (“User Content”) whether the User Content is included in blogs, discussion groups, e-mails, profiles, forums, comments, or any other portion or feature of ShesConnected.
You may not, in connection with the Web site:
We may in our sole discretion allow the posting of User Content that contains a link to free goods or services, but such posting is confined to ShesConnected Groups (as defined below) that are designated as “Freebie” groups. If you wish to promote a commercial offer on the Web site, please contact our advertising sales department at advertising@ShesConnected.com.
Registered Users may create and maintain their own “ShesConnected Groups” within the Web site. A “ShesConnected Group” consists of Internet-based discussions and other functionalities that enable participants in the group to communicate with each other.
The Registered User who creates a ShesConnected Group is the “Group Manager.” The Group Manager is encouraged to set a positive tone for the ShesConnected Group and to report to us any abuse or violation of the TOU.
In the Group Manager’s sole discretion, he or she may: In addition, the Group Manager may also transfer or delegate any of these decisions and/or responsibilities to another Registered User, who should be designated on the ShesConnected Group home page as a successor Group Manager or as a “Group Moderator.”
Further, you understand that upon registration you may automatically be enrolled as a member of one or more groups, including but not limited to, the new member user group and a local neighborhood group, for which membership to the latter shall be determined based on the zip code or town provided in your registration profile. Your profile will not be made public to these groups. We make no warranties about membership to these groups. If you do not find the activities or members of these groups relevant or appealing, you may at any time unsubscribe to these groups.
We respect the intellectual property of others, and we ask our users to do the same. Thus, in your use of and interactions with the Company and the Web site, you may not post, modify, distribute, or reproduce in any way any User Content that is copyrighted material belonging to others, without obtaining their prior written consent. We reserve the right, in our sole discretion, to remove any User Content if we believe it may infringe the copyright rights of others, and/or to terminate the accounts of users who we believe to be infringers. If you believe that your work has been copied and posted on the Web site in a way that constitutes copyright infringement, we will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”), a federal law that provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. The requirements for notices under the DMCA can be found at http://www4.law.cornell.edu/uscode/html/uscode17/usc_sec_17_00000512—-000-.html.
Our agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
ShesConnected Attention Copyright Agent 971 Concord Street Unit 7 Framingham, MA. 01701
We suggest that you consult with a legal advisor before filing a notice under the DMCA. Also, be aware that there can be penalties for false claims under the DMCA.
You are solely responsible for your interactions with other Registered Users or Visitors to the Web site. We reserve the right, but have no obligation, to monitor or take action regarding disputes between Registered Users and/or Visitors. In the event of disputes, we may in our sole discretion take such action as it deems appropriate, including but not limited to suspending or terminating your account or your ability to access the Web site, and removing any User Content.
You agree to indemnify and hold the Company and its subsidiaries, affiliate, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, or otherwise make available through the Web site, your use of the Web site or other Company services, your connection to the Web site, your violation of the TOU, or your violation of any rights of another.
We may establish general practices and limits concerning use of the Web site, including, for example, limits on the number of: You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other User Content, provided by you or otherwise, maintained or transmitted by the Company.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Web site (or any part thereof) with or without notice. The Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Web site.
We may, under certain circumstances and without prior notice, immediately terminate your ShesConnected account and access to the Web site and any other ShesConnected services. Cause for such termination shall include, but not be limited to: (a) breaches or violations of the TOU or other incorporated agreements or guidelines; (b) requests by law enforcement or other government agencies; (c) a request by you (self-initiated account deletions); (d) discontinuance or material modification to the Web site (or any part thereof); (e) unexpected technical or security issues or problems; (f) extended periods of inactivity; (g) engagement by you in fraudulent or illegal activities; and/or (h) nonpayment of any fees owed by you in connection with the Web site or any other Company products or services. Termination of your ShesConnected account includes: (a) removal of access to all pages within the Web site; (b) deletion of your password and all related information, files and materials, including User Content associated with or inside your account (or any part thereof); and (c) barring of further use of the Web site. Further, you agree that all terminations for cause shall be made in the Company’s sole discretion and that ShesConnected shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Web site.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SHESCONNECTED AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (1) THE WEB SITE OR ANY OTHER SHESCONNECTED SERVICES WILL MEET YOUR REQUIREMENTS; (2) THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE WILL BE ACCURATE OR RELIABLE; (4) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH SHESCONNECTED OR OTHER COMPANY WEB SITES OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (5) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH OR FROM THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE WEB SITE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE WEB SITE. IMMEDIATELY DISCONTINUE USE OF THE WEB SITE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE WEB SITE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU 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 THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (1) THE USE OR THE INABILITY TO USE THE WEB SITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEB SITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (5) ANY OTHER MATTER RELATING TO THE WEB SITE OR SHESCONNECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
We may provide you with notices, including those regarding changes to the TOU, by email, regular mail or postings on the Web site.
Please report any violations of the TOU, including objectionable User Content or behavior, to Help@Shesconnected.com. Please state the reasons for your concern and provide a link to the User Content or, if appropriate, the behavior in question. Upon receiving such a report of a possible violation, the Company in its sole discretion may investigate the matter and take such action as the Company determines to be appropriate.
TOU updated June 9, 2011