Effective Date: April 3, 2020
Terms and Conditions of Use
By using the Site, you represent that you are at least 13 years of age. Where the Site enables you to register for particular service offerings, you agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Site registration form (such information being the “Registration Data”) and (b) we ask that you endeavor to 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 WOMCY has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, WOMCY, its employees or designees shall have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Without limiting the foregoing, WOMCY and its designees reserve the right to remove you or other User Content from the Site’s Lists for any reason it deems necessary, including but not limited to, the posting information that is off-topic, the sharing information outside of the Site’s Lists, or any other act in violation of the Site’s FAQs.
You will receive a password and account designation upon completing the registration process. You are responsible for maintaining the confidentiality of the passwords and accounts and are fully responsible for all activities that occur under your passwords or accounts. You agree to (a) immediately notify WOMCY of any unauthorized use of your passwords or accounts or any other breach of security, and (b) ensure that you exit from your account at the end of each session. WOMCY cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
Use of the Site
Except for User Content, all information, data, text, photographs, graphics, video, messages, or other materials available or accessible on the Site (“WOMCY Content”) is owned by WOMCY. You may download one copy of the WOMCY Content on any single computer for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. Except as expressly provided above nothing contained herein shall be construed as conferring any license or right to any WOMCY Content.
It is WOMCY policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act. For more information, please go to the DMCA Notification Guidelines. WOMCY will promptly terminate without notice your access to the Site if you are determined by WOMCY to be a “repeat infringer.” A repeat infringer is a user who has been notified by WOMCY of infringing activity violations more than twice and/or who has had User-Content or any other user-submitted content removed from the Site more than twice.
Where the Site enables you to submit or post content, You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (“User Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such User Content originated. This means that you, and not WOMCY, are entirely responsible for all User Content that you upload, post, email, transmit or otherwise make available via the Site. WOMCY does not control and is not responsible for the User Content posted via the Site. Under no circumstances will WOMCY be liable in any way for any User Content. Children under the age of 13 are not authorized to submit User Content.
You will not engage in activities on the Site and on the services available through the Site and specifically, you will not submit User Content, that:
i. infringes any party’s copyright, trademark, trade secret, or other intellectual property or proprietary rights (and by submitting User Content you represent to WOMCY that you are the rightful owner of such material or that you have first obtained permission to submit the material from the rightful owner);
ii. 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 or may create liability for WOMCY to lose (in whole or in part) the services of our ISPs or other suppliers;
iii. is content that WOMCY considers to be disruptive, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, pornographic, sexually explicit, hateful, racially, ethnically, or otherwise objectionable;
iv. impersonates or claims the identity, characteristics or qualifications of any other person or entity; or falsely state or otherwise misrepresent your affiliation with a person or entity or are false, inaccurate or misleading;
v. is for commercial purposes or contain advertising or are intended to solicit a person to buy or sell services or to make donations, including “spam” or any other form of solicitation or promotion, or link to, directly or indirectly, any Site that violates the restrictions set forth herein;
vi. contains any virus or other harmful component or otherwise disrupt the normal flow of communication in or operation of the Site in any way; or
vii. is defamatory, obscene, or unlawful, or an invasion of privacy or publicity rights or any other third-party rights.
Modification and Termination of the Site
WOMCY reserves the right at any time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice. You agree that WOMCY shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site. WOMCY may also make improvements and/or changes in the products, services, and/or the programs described in these Sites at any time without notice. However, WOMCY disclaims any responsibility to update, improve or change these Sites.
By choosing to access the Site from any location other than the United States, you accept full responsibility for compliance with all local laws that are applicable.
Other Sites and Resources
The Site may include links to other sites and resources. Because WOMCY has no control over such sites and resources, you acknowledge and agree that WOMCY is not responsible for the availability of such Site 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 Site or resources. You further acknowledge and agree that WOMCY 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 Site available on or through any such site or resource.
Disclaimer of Warranties
THE INFORMATION ON THIS SITE IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND MERCHANTABILITY. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; (b) WOMCY MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) ANY MATERIAL OBTAINED THROUGH THE USE OF THE SITE IS OBTAINED AND USED AT YOUR SOLE RISK AND DISCRETION AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA; AND (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY BY WOMCY.
Limitation of Liability
WOMCY AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING LOST REVENUES OR LOST PROFITS, WHICH MAY OR DOES RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITE, THE USER CONTENT, THE SITE MATERIALS, SERVICES, PRODUCTS, DATA, AND OTHER MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT YOU OR WOMCY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL OF THEIR ESSENTIAL PURPOSE. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF WOMCY AND ITS LICENSORS TO YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH, BASED UPON, OR ARISING FROM THE SITE, USER CONTENT, THE SITE MATERIALS ON, IN AND MADE AVAILABLE THROUGH THE SITE, OR THE SERVICES, PRODUCTS, DATA OR OTHER MATERIALS OFFERED IN CONNECTION THEREWITH EXCEED THE PRICE PAID BY YOU DURING THE PRECEDING YEAR FOR USE OF THE SITE AND THE SERVICES AND PRODUCTS. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE TOTAL LIABILITY OF WOMCY AND ITS LICENSORS SHALL NOT EXCEED TEN DOLLARS ($10). If you are dissatisfied with the Site or with any of these Terms or feel WOMCY has breached these Terms, your sole and exclusive remedy is to discontinue using the Site.
You shall indemnify WOMCY and its directors, officers, employees, agents, contractors, and volunteers (“WOMCY Indemnitees”) against all claims, actions, suits, and other proceedings (“Claims”) arising out of or incurred in connection with the Site and your use of the Site, the Site Materials or any services, product or data obtained through the Site, your fraud, violation of law, negligence, willful misconduct, or any other use of the Site, the User Content, the Site Materials, the services, products, information and other materials on, in and made available through the Site, except to the extent attributable to WOMCY, or any breach by you of these Terms and shall indemnify and hold WOMCY Indemnitees harmless from and against all judgments, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees and attorneys’ disbursements) arising out of or incurred in connection with such Claims. You may not settle any Claim without the prior written consent of WOMCY. WOMCY or its licensors may assume the defense of any Claim, at your sole cost and expense, and you shall cooperate in all reasonable respects in such defense. You shall have the right to employ separate counsel in any Claim and to participate in the defense thereof. If WOMCY or its licensors do not notify you that it elects to undertake the defense thereof, you shall have the right to defend the Claim with counsel reasonably acceptable to WOMCY, subject to the right of WOMCY to assume, at their sole cost and expense, the defense of any Claim at any time prior to the settlement or final determination thereof.
The Site is controlled and operated from within the United States. Without limiting anything else, WOMCY makes no representation that the Site, Site Materials, User Content, services, products, information, or other materials available on, in, or through the Site is appropriate or available for use in other locations, and access to them from territories where they are illegal is prohibited. Those who choose to access the Site from other locations do so of their own volition and are responsible for compliance with applicable laws. The waiver or failure of WOMCY to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of other rights established under these Terms. Headings used in these Terms are for reference only and shall not affect the interpretation of these Terms. No person or entity not a party to this agreement will be deemed to be a third-party beneficiary of these Terms or any provision hereof. When used herein, the words “include” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.