|
TERMS AND CONDITIONS 1. ACCEPTANCE OF TERMS Welcome to The Woman Lawyer.com, an online community for women lawyers and an E-zine. The services at this website are provided to you by M2K Media, LLC, subject to the following Terms and Conditions (“Terms”), which may be updated by us from time to time without notice to you. By clicking on the "I ACCEPT" button or by accessing and using The Woman Lawyer.com web site, you agree that you have read, understand and accept the terms and conditions below for all use of the site’s services, including access to the E-Zine, Classified Ads Online, Jobs, Real Estate, (collectively, the "Services"). In addition, when using particular owned or operated Services, you shall be subject to any posted guidelines or rules applicable to such Services, which may be posted and modified from time to time. All such guidelines or rules (including but not limited to our spam policy) are hereby incorporated by reference into the Terms. We may also offer other Services that are governed by different Terms and Conditions. For instance, different terms may apply to postings of jobs, and classified ads, and the E-Zine. If you do not agree to these terms and conditions, do not use any of the Services at The Woman Lawyer.com. 2. TERMS AND CONDITIONS MAY CHANGE We reserve the right to update or amend these Terms and Conditions from time to time. The amended Terms and Conditions shall automatically be effective as they are initially posted on the web site. Your continued use of the Services after the effective date of any posted change constitutes your acceptance of the amended Terms and Conditions as modified by the posted changes. For this reason, we encourage you to review these Terms and Conditions whenever you use the Services. These Terms are readily available by clicking on the link in the footer section of the website. 3. SERVICES MAY BE CHANGED OR SUSPENDED We may, at our sole discretion, terminate or suspend the access to the Services or any portion thereof (such as a channel) of any user for any reason. We may also terminate or suspend, temporarily or permanently any channel for any reason. Termination or suspension may be done with or without prior notice to users. You agree that M2K Media, LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service 4. DESCRIPTION OF SERVICE M2K Media, LLC provides users with access to a rich collection of resources, including without limitation various communications tools, forums, shopping services, job posting, classified services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed. You also understand and agree that the Services may include advertisements and that these advertisements are necessary for M2K Media, LLC to provide the Service. You also understand and agree that the service may include certain communications from The Woman Lawyer.com such as service announcements, administrative messages, newsletter, and that these communications are considered part of your membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augments or enhances the current Service, including the release of new properties, shall be subject to the Terms and Conditions. You understand and agree that the Services are provided "AS-IS" and that M2K Media, LLC assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services. 5. USE RESTRICTIONS As the user, you are required to accept total responsibility for your behavior and conduct while using the Services. Please read over the following list of what actions you agree to refrain from while using the Services: A. Using the Services to transmit, route, provide connections to, or store any material that infringes copyrights works or violates or promotes the violation of the intellectual property rights of any user or other entity, or using as group names or email addresses, terms which may violate the trademark rights of third parties. B. Copying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code of, or modifying the Services in any manner. C. Uploading, sending, posting, exchanging, sharing, promoting, or advertising harmful, obscene, defamatory, misleading, slanderous, harassing, abusive, threatening, offensive or unlawful material or material that violates anyone else's rights, including their right to privacy. D. Assuming the identity of any individual other than you. You may not impersonate another member, or a staff member of The Woman Lawyer.com site. E. Distributing or sending unsolicited e-mail, text or voice message, or "spam," "chain letters" or "pyramid schemes" or any other form of unauthorized solicitation, including promotions and/or advertising of products or services (please read our complete Spam Policy). F. Uploading or transmitting materials through The Woman Lawyer .com which: (i) restrict or inhibit any other users from using and enjoying the Services; (ii) contain a virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; (iii) are intended to violate system integrity, including the use of any device, software or routine to interfere with the proper working of The Woman Lawyer.com; (iv) monitor or copy content on The Woman Lawyer.com by using any robot, spider, crawler or other automatic device or manual process, without our prior written permission; or (v) impose an unreasonable or disproportionately large load on the infrastructure of The Woman Lawyer.com; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services. G. Provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act. H. Collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above. Commission of these or other illegal, fraudulent or deceptive acts may subject you to sanctions, including termination of your access to the Services, and possible civil or criminal liability. M2K Media, LLC has the right, but not the responsibility to eliminate or remove any content or terminate any user channels that may violate these restrictions. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by The Woman Lawyer.com or submitted to The Woman Lawyer.com. 6. YOUR REGISTRATION OBLIGATIONS In consideration of your use of the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the The Woman Lawyer.com Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or if M2K Media, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, M2K Media, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) at The Woman Lawyer.com. 7. MEMBER ACCOUNT, PASSWORD AND SECURITY You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. 8. PRIVACY POLICY Registration Data and certain other information about you are subject to our applicable privacy policy. For more information, see the full Privacy Policy by clicking on the link at the home page. You understand that through your use of the Services you consent to the collection and use (as set forth in the applicable privacy policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by M2K Media, LLC and its affiliates. We reserve the right to edit, move, or delete any of your content for any reason and our authenticated users may do the same. We may preserve and disclose content or user information if required to do so by law or in the good faith belief that doing so is necessary to: (i) comply with legal process; (ii) enforce these terms; (iii) respond to claims that any content violates the rights of third parties; (iv) protect the rights, property, or personal safety of M2K Media, LLC, any users of our Services or the public; or (v) administer the Services. 9. MEMBER CONDUCT You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not M2K Media, LLC are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Services. M2K Media, LLC does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will M2K Media, LLC be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services. You acknowledge that M2K Media, LLC may or may not pre-screen Content, but that and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Services. Without limiting the foregoing, M2K Media, LLC and its designees shall have the right to remove any Content that violates the Terms or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us, including without limitation information in message boards, chats, forums and in all other parts of The Woman Lawyer.com Services. You understand that the Services and software embodied within the Services may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by M2K Media, LLC and/or content providers who provide content to the Services. You may not attempt to override or circumvent any of the usage rules embedded into the Services. Any unauthorized reproduction, duplication, copying, selling, reselling, publication, further distribution, public exhibition, or exploitation for any commercial purposes of the materials provided on the Services, in whole or in part, is strictly prohibited. 10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE AND EXPORT AND IMPORT COMPLIANCE Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Use of the Services and transfer, posting and uploading of software, technology, and other technical data via the The Woman Lawyer.com Services may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, you: (a) represent that you are not a party identified on any government export exclusion list, including but not limited to the U.S. Denied Persons, Entity, and Specially Designated Nationals Lists, nor will you transfer software, technology, and other technical data via the Services to parties identified on such lists; (b) agree not to use the Services for military, nuclear, missile, chemical or biological weaponry end uses in violation of U.S. export laws; (c) agree not to transfer, upload, or post via the Services any software, technology or other technical data in violation of U.S. or other applicable export or import laws. 11. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE THE WOMAN LAWYER.COM SERVICES M2K Media, LLC does not claim ownership of Content you submit or make available for inclusion on the Services. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, you grant M2K Media, LLC the following worldwide, royalty-free and non-exclusive license(s), as applicable: A. With respect to Content you submit or make available for inclusion on publicly accessible areas of the Services, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services solely for the purposes of providing and promoting the Services to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or M2K Media, LLC removes such Content from the Services. B. With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Services solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Services and will terminate at the time you remove or M2K Media, LLC removes such Content from the Services. C. With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Services, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Services are those areas of the network of properties that are intended by M2K Media, LLC to be available to the general public. By way of example, publicly accessible areas of the Services would include Blogs, Classified Ads Online, and portions of The Woman Lawyer.com Groups and Flickr that are open to both members and visitors. However, publicly accessible areas of the Services would not include portions of the website that are limited to members. 12. CONTRIBUTIONS TO THE WOMAN LAWYER.COM By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to us through the suggestion or feedback web pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) M2K Media, LLC is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) M2K Media, LLC shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) M2K Media, LLC may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of M2K Media, LLC without any obligation of M2K Media, LLC to you; and (f) you are not entitled to any compensation or reimbursement of any kind from M2K Media, LLC under any circumstances. 13. DEALINGS WITH ADVERTISERS Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that M2K Media, LLC shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. 14. LINKS The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because M2K Media, LLC has no control over such sites and resources, you acknowledge and agree that M2K Media, LLC 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 on or available from such sites or resources. You further acknowledge and agree that M2K Media, LLC 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. 15. TERMINATION You may terminate your user account, any associated email address and access to the Services by submitting such termination request to us by email. The address is This e-mail address is being protected from spambots. You need JavaScript enabled to view it . You agree that we may, without prior notice, immediately terminate, limit your access to or suspend your user account, any associated email address, and access to the Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in M2K Media’s sole discretion and that we shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Services. Termination of your account includes any or all of the following: (a) removal of access to all or part of the offerings within the Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services. 16. M2K Media’s PROPRIETARY RIGHTS You acknowledge and agree that the Services and any necessary software used in connection with the Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by M2K Media or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Software, in whole or in part. You agree not to access the Services by any means other than through the interface that is provided by M2K Media, LLC for use in accessing the Services. 17. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
18. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT M2KMEDIA SHALL NOT BE LIABLE 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 M2KMEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE. If you are dissatisfied with the Services or any content on The Woman Lawyer.com, or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the Services. You acknowledge, by your use of the Services, that your use of the Services is at your sole risk. 19. EXCLUSIONS AND LIMITATIONS 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 SECTIONS 12 AND 13 MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF M2KMEDIA AND ITS AFFILIATES IN SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS (US $100.00). 20. SPECIAL ADMONITION FOR THE SERVICES RELATING TO FINANCIAL MATTERS If you intend to create or join any service, receive or request any news, messages, alerts or other information from the Services concerning companies, stock quotes, investments or securities, please read the above Sections 17 and 18 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Services is provided for informational purposes only, and no Content included in the Services is intended for trading or investing purposes. M2K Media, LLC and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment decisions based on such information. 21. NOTICE Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the Terms and Conditions or other matters by displaying notices or links to notices to you generally on the Service. 22. INDEMNITY You agree to indemnify, defend and hold harmless M2K Media, LLC, its employees, officers and directors, Sponsors or Clients from and against any and all claims, liabilities, penalties, settlements, judgments, fees (including reasonable attorneys' fees) arising from (i) any content that you or anyone using your account may submit, post or transmit to the web site; (ii) your use of the Services; (iii) your violation of the terms of these Terms and Conditions; and (iv) any violation or failure by you to comply with all laws and regulations in connection with the Services. 23. ASSIGNMENT You may not assign any of your rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of M2K Media, LLC. Any such purported assignment or delegation by you without the appropriate prior written consent of M2K Media, LLC will be null and void and of no force or effect. 24. TRADEMARK INFORMATION The Woman Lawyer logos and product and service names are trademarks of M2K Media, LLC. Without our prior permission, you agree not to display or use in any manner, the The Woman Lawyer.com Marks. 25. COPYRIGHT INFRINGEMENT CLAIMS If you believe in good faith that materials found on this Website infringe your copyright, you (or your agent) may send us a written notice that includes the following information:
Our C Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows: Copyright Agent 26. GENERAL INFORMATION The Terms and Conditions constitute the entire agreement between you and M2K Media, LLC and govern your use of the Services, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms and Conditions and the relationship between you and M2K Media, LLC shall be governed by the laws of the State of Georgia without regard to its conflict of law provisions. You and M2K Media, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Georgia. The failure of M2K Media, LLC to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. 27. VIOLATIONS Please report any violations of the Terms and Conditions to our Administrator. Updated: August 1, 2010
|
