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Terms of Use

By visiting womenandcolor.com, or by using any Women and Color software application (collectively, the “Website”) on any computer, mobile phone, tablet, console or other device, or using any features offered through the Website or any affiliated applications, tools or features (together, the “Services”) you signify that you have read, understand, and agree to these terms and conditions of use, along with any rules, policies and procedures instituted from time-to-time (collectively, the “Terms of Use”), whether or not you have registered for any of the Services.

These Terms of Use are between you and Women and Color, the owner of the Services, its affiliates and subsidiaries (collectively, “Women and Color” or the “Company”). When used in these Terms of Use, “we”, “us” and “our” mean Women and Color. Your use of the Services constitutes your acceptance of these Terms of Use.

These Terms of Use apply to the Services currently offered by Women and Color as well as Services that may be offered in the future. Women and Color reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. The Services are available only to, and may only be used by, individuals and entities able to form legally binding contracts under applicable law. The Services offered hereunder are not available to children (persons under the age of 13) or to any user whose use of the Services has been suspended or revoked. If you are under the age of 13, you can use the Services only under the supervision of a parent or guardian. If you are acting on behalf of any entity or organization, you warrant and represent that you have the authority to bind the entity to these Terms of Use. Women and Color reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion.

Content

Women and Color may present you with information, content and features, including but not limited to, graphics, articles, commentary, statistics, data, product information, sponsored content, advertisements, video and audio files, job listings, calendars and information entered by other users; the Services may also include third party materials, software and features made available to you by virtue of a license, grant or some other form of agreement (collectively, the “Content”). Women and Color is not responsible for inaccurate or incomplete information provided through the Services, makes no representations as to the quality, accuracy or completeness of the Content and does not assume any liability for any loss that may result from the reliance by any person upon any Content or Services.

Membership and Posting

You may be permitted to register for certain Services by providing personal information, custom user names, icons, photos, location information and other information about you (collectively, “Profile Information”), and you may be permitted to review, post, transmit and submit information about yourself and other users, which may include (without limitation) entering information that is personal in nature, uploading files, engaging with other users and providing opinions, portfolios and Profile Information (collectively, and together with Profile Information, “User Generated Content”). When you submit, publish, post or display User Generated Content on or through the Services by creating a profile, connecting with other users, posting materials or participating in interactions with other users, you agree to comply with these Terms of Use. For purposes of these Terms of Use, “Content” shall include User Generated Content.

Content and Services

Women and Color does not endorse or have any control over User Generated Content submitted by you or any other user and accepts no responsibility whatsoever in connection with or arising from information created or posted by any individual, corporation, partnership, association, trust, unincorporated organization, limited liability company other entity or group (each a “Person”). Content submitted through the Services is not necessarily reviewed by Women and Color prior to posting, or at any time. If the Company chooses, in its sole discretion, to monitor any type of Content, the Company nonetheless assumes (a) no responsibility for its accuracy or completeness; (b) no obligation to modify or remove any inappropriate or inaccurate Content; and (c) no direct control over the conduct of the user submitting any User Generated Content.

The Company makes no warranties, express or implied, as to the originality, suitability, accuracy or reliability of any Content, or any files, data, analyses, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other materials, including without limitation any Content you access through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason at any time. You agree that Women and Color shall not be liable should we prevent, in our sole discretion, your User Generated Content from being published, viewed or distributed, or if we edit, restrict or remove it. You also grant other users of the Services the right to access, view, store and reproduce materials you provide, including without limitation public portions of your Profile Information.

You may have the ability to send (by e-mail or otherwise) messages directly to Women and Color or another user through the Services. The Company shall have no liability for any delay, loss or damage that may result from your use of communications tools or from interception or unauthorized use by Women and Color or third parties of information you send to us or through our systems. You are solely responsible for your interactions with other users and third parties on and through the Services.

Ownership and Use of Content

Except as otherwise set forth herein, as between you and Women and Color, all Content is owned by Women and Color and is protected by worldwide copyright laws and treaty provisions. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in any digital network for any purpose, or any republication or redistribution of the Content, including, without limitation, framing the Website within another website, is expressly prohibited without the prior written permission of Women and Color. Nothing in these Terms of Use shall be interpreted as granting any license or intellectual property rights to you. Please contact us by email at hello@womenandcolor.com if you wish to license or republish any Content, or any portion of the Website or the Services.

Women and Color does not assert ownership over User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership over User Generated Content created by you, provided that Women and Color reserves the right and license to aggregate, collect and redistribute your User Generated Content in our sole discretion. By providing information or posting User Generated Content on or through the Services, you expressly grant Women and Color a perpetual, world-wide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify and create derivative works from any such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Services, including for use in our marketing and promotional campaigns. Notwithstanding anything herein to the contrary, Women and Color shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Women and Color’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products, features or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to compensate you or any person for our use of any User Generated Content; or (c) be required to accept or respond to any submission of User Generated Content.

Notwithstanding anything herein to the contrary, Women and Color shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Women and Color’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products, features or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to compensate you or any person for our use of any User Generated Content; or (c) be required to accept or respond to any submission of User Generated Content.

By registering for or using the Services, you waive all rights to any claims against Women and Color for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with User Generated Content. By submitting User Generated Content through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to Women and Color the rights, title and interest described in these Terms of Use. You acknowledge that the Company has detrimentally relied upon this representation.

Accordingly, you agree to indemnify, defend and hold Women and Color harmless in connection with the alleged or actual infringement of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights and rights of attribution raised by any other person against the Company in connection with User Generated Content you provide, post or distribute. Furthermore, you agree to release Women and Color, its parents, contractors, licensees and affiliates together with all of their respective officers, directors, agents, subsidiaries, and employees, from any and all liability and obligations whatsoever in connection with your use of the Services and the use by Women and Color of User Generated Content provided by you. If at any time you are not happy with the Services or you object to any Content, your sole remedy is to cease using the Services.

Limitation of Use

You agree that you will neither post nor submit any Content that:

  • Violates the Women and Color’s Code of Conduct, or is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including without limitation any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • Violates the copyright, trademark or other intellectual property rights of any other person or Women and Color;
  • Is false, inaccurate or misleading, or improperly assumes or claims the identity, characteristics or qualifications of another person;
  • Seeks to collects, aggregate or solicits personal information from other users;
  • Imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;
  • Promotes third party goods or services without our prior written approval;
  • Is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;
  • Contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or
  • Is libelous or invasive of privacy or publicity rights or any other third party rights.

Furthermore, you acknowledge and agree that you will not: (a) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any Person you encounter through you use of the Services; (b) collect or store personal data about other users, including collecting the Personal Information of users by electronic or other means, for any purpose, (c) upload, e-mail or otherwise transmit any Content, Third Party Materials or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Women and Color, the Services, their users or any Person; or (d) submit unwanted messages by e-mail or otherwise post User Generated Content that disparages or insults any Person or Women and Color.

Mobile Services

The Website contains services and features that are available to certain mobile devices. Your carrier’s normal rates and fees apply. Not all mobile services will work with all carriers and devices.

Advertisements and Third Party Materials

From time to time, we may incorporate sponsored content, advertising and information, software features and services provided by other users or third parties (“Third Party Materials”). Our use of Third Party Materials does not imply the endorsement, approval, or verification of such Third Party Materials or the policies, products or services of any such third party. We do not always review Third Party Materials and we are not responsible or liable for their quality, availability or completeness, or their compliance with any law, rule or regulation. By providing access to Third Party Materials, Women and Color is not recommending the products, features or services of any third party. Subject to the terms of applicable service or other agreements, we may remove Third Party Materials at any time.

Third Party Services

The Website may contain services provided by third parties as well as links to third party apps and sites (collectively, “Third Party Services”). Women and Color is not responsible for the availability of Third Party Services nor do we endorse any of their activities. You are responsible for deciding if you want to access or use Third Party Services. If you allow Third Party Services to authenticate you using Women and Color Profile Information, information about you contained on the Website may become available to the operator of such Third Party Services. Third Party Services have their own legal terms and privacy policies, and, by using them, you may be giving others permission to use your information. Except as required by applicable law, Women and Color is not responsible for Third Party Services.

Disputes

Women and Color reserves the right, but has no obligation, to monitor disputes amongst users or between any user and any Third Party Services. In the event a dispute arises, you may e-mail Women and Color at hello@womenandcolor.com. We will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct. However, we encourage you to immediately report threatening or illegal conduct to local law enforcement.

The Digital Millennium Copyright Act of 1998 (“DMCA”)

The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may send us a notice to hello@womenandcolor.com requesting that we remove the material or block access to it.

Your DMCA notice must include the following information:

(a) Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works); (c) Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services; (d) The name, address, telephone number, and email address of the complaining party; (e) 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 or the law; and (f) A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet current statutory requirements imposed by the DMCA; see http://www.copyright.gov/ for details. Notices and counter-notices under the DMCA, as well as all other communications addressed to us relating to these Terms of Use, should be sent by e-mail to hello@womenandcolor.com.

We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Please be aware that penalties may apply for false claims under DMCA under 17 U.S.C. § 512(f). If you are unaware whether the material you are reporting is considered infringement, please contact an attorney.

Intellectual Property

Women and Color and third party trademarks and service marks may or may not be designated with the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make any use of any names, logos or taglines, including without limitation “Women and Color” and any logo made available through the Website or the Services, whether or not designated by such symbols, including, but not limited to, as embedded search terms or metatags or in any other fashion without the express prior written permission of the Company. Nothing in these Terms of Use grants you any right, title or interest in any Women and Color materials (including without limitation the Website), names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, characters, technology or designs (whether or not the subject of a patent application) (together, “ Women and Color IP”). At no time during or after the term of this Agreement will any user, either directly or through any third party or agent, (i) challenge or assist others to challenge the Women and Color IP or the registration thereof; (ii) attempt to register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Women and Color IP, or domain names incorporating any of the same; or (iii) incorporate any Women and Color IP into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Women and Color marks, names or designations by operation of law or otherwise, you will immediately upon request from Women and Color and at no expense to Women and Color assign such rights, registrations and applications to Women and Color.

Registration and Security

In connection with your use of the Services, you may establish or otherwise receive Women and Color user IDs, passwords and other security codes (“User Codes”) that you may need in order to access and use certain portions of the Services. You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms (“Registration Information”) and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Women and Color, directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Women and Color reserves the right to suspend or terminate your access to the Website and the Services if you misrepresent personal information or are otherwise untruthful about your identity, employment history, or, if applicable, your portfolio. Notwithstanding the foregoing, you acknowledge that Women and Color does not guarantee the accuracy of any information submitted by any user, nor do we verify any Registration Information.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Women and Color has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Women and Color shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Women and Color harmless against any liability, losses, damages or costs and expenses (including attorneys’ fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Women and Color if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Women and Color reserves the right to block your User Codes for any reason.

For your protection, Women and Color may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet is secure, or that such transmissions will be free from delay, interruption, interception or error.

General Release

Women and Color is not involved in contacts between users or in the completion of transactions between you and any Person. In the event that you have a dispute with one or more users or a Person introduced to you through the Services, you agree to release Women and Color, and our officers, directors, agents, subsidiaries and employees from any and all claims, demands, and damages, actual or consequential, of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. Women and Color expressly disclaims any liability that may arise between users of the Services or users and any third party.

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Minors

Women and Color does not knowingly gather or solicit data from anyone under the age of 13 through the Services for marketing purposes. Please see our Privacy Policy for additional information.

Availability

Not all of the Services are available in all geographic areas, and Women and Color reserves the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any Person in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-Canada jurisdiction or country that would subject the Company, its licensees or affiliates, to any registration requirement within such jurisdiction or country.

NO WARRANTY

THE SERVICES, FEATURES, PRODUCTS, MATERIALS, CONTENT AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY HARM TO YOU, YOUR PROPERTY OR ANY PERSON OR PROPERTY THAT RESULTS FROM YOUR USE OF THE SERVICES. TO THE EXTENT THAT THE LAW OF YOUR JURISDICTION DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE SERVICES ARE WARRANTED ONLY TO THE MINIMUM EXTENT LEGALLY REQUIRED.

NO LIABILITY

Women and Color shall not be responsible for any damages that may arise in connection with your use of the Services or these Terms of Use.

IN USING THE SERVICES, YOU SPECIFICALLY AGREE THAT YOU WILL NOT HOLD THE COMPANY, ITS PARENTS, CONTRACTORS, LICENSEES AND AFFILIATES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES AND EMPLOYEES LIABLE FOR ANY DAMAGES, INJURY OR LOSS, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SERVICES (OR ANY OTHER DATA, APPLICATION OR LINKED WEBSITE), OR OTHERWISE RELATING TO OR ARISING OUT OF THE WEBSITE OR THE CONTENT, WHETHER IN AN ACTION FOR BREACH OF CONTRACT, NEGLIGENCE, PERSONAL INJURY OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE EVEN IF IT, OR AN AUTHORIZED REPRESENTATIVE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE LIABILITY OF WOMEN AND COLOR AND ITS AFFILIATES (AND THOSE THAT WOMEN AND COLOR WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE (5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THE SERVICES, IF ANY, AND (B) THREE HUNDRED DOLLARS ($300.00).

Indemnification

You agree to indemnify, defend and hold harmless Women and Color and its affiliates, and each of their officers, directors, employees, consultants, advisors, agents and representatives from any and all claims, liability, damages, and costs (including, but not limited to, attorneys’ fees, costs and expenses) that result from, arise out of or are in any way connected with your use of the Services, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Women and Color IP or other right of Women and Color or any Person. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. The Services and all related products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. You covenant to cooperate fully in the defense of any claim.

Term & Termination

These Terms of Use shall commence when you first visit the Website or use any feature incorporated into the Services and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Women and Color may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any of the Services in our sole discretion. Without limiting the foregoing, Women and Color has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Women and Color, in its sole discretion, considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Women and Color or any Person. If your use of the Services is terminated, you will no longer be authorized to access any Women and Color Websites or Services, or to use any of the features we offer. In addition, you understand and acknowledge that Women and Color may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

Changes

The Services and these Terms of Use are subject to change and updating by Women and Color at any time without prior notice. Changes may include superseding terms of use. Your continuing use of any Women and Color Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

Privacy

Please click here for our Privacy Policy.

Applicable Law; Jurisdiction

Persons who access the Services do so at their own initiative, and are responsible for compliance with applicable laws and regulations. The laws of the Province of Ontario will govern these Terms of Use, without regard to conflicts of law principles. The United Nations Convention on Contracts for the Sale of Goods does not apply to this Agreement. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in Toronto, ON, Canada. Any such claim or controversy shall be adjudicated on an individual basis and shall not be consolidated with a claim of any other party. The foregoing shall not preclude the Company from seeking injunctive relief in any court of competent jurisdiction located in other countries and jurisdictions for protection of the Women and Color IP.

General

These Terms of Use set forth the entire understanding and agreement between you and Women and Color with respect to the subject matter hereof. If any provision(s) of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the internet and the fees charged by, by way of example and without limitation, your internet service provider and wireless carrier. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems.

The Services are maintained by Women and Color based in Toronto, Ontario, all rights reserved.