IMPORTANT—PLEASE REVIEW THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER. THIS AFFECTS YOUR LEGAL RIGHTS. ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION, YOU AGREE THAT DISPUTES BETWEEN YOU AND FEMININE COLLECTIVE WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
The Services are not intended for users under the age of eighteen (18). By making any use of the Services, you represent and warrant that you are at least eighteen (18) years of age.
You may need to register for an Account to use or access portions of the Services. Certain features of the Service, such as posting as a contributor on the Website, or joining a group or forum require you to register for an Account. You must provide accurate and complete information and keep your Account updated. You also agree that you ensure this information will be kept up to date at all times. This especially applies to your email address since we will direct all communication to you about your Account to your email address. We will use the information you provide to us in accordance with our User Agreement. FC may refuse to grant you an account that impersonates someone else, or is or may be protected by trademark or proprietary rights laws, or is offensive, vulgar, or otherwise inappropriate as determined by FC. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You should never publish, distribute or post login information for your Account. FC will not be liable for any loss or damage arising from your failure to maintain control over access to your account.
Content includes all information, data, text, photographs, videos, audio content, written posts, articles, comments, software, scripts, graphics, and interactive features made available on or through our Services. (“Content”). For the purposes of this Agreement, “Content” also includes all User Content (as defined below).
All Content emailed, added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS
The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
Subject to this User Agreement, we grant each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content, to the extent we hold such rights, solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.
Feminine Collective does not claim ownership over the content you post on or through the Website. After posting your content, you continue to retain your ownership of your content and you continue to have the right to use and license your content in any way you choose. But, by submitting User Content through the Services, you hereby do and shall grant Feminine Collective a perpetual, non-exclusive, worldwide, royalty-free, fully paid, sublicenseable and transferable right and license to use, edit, modify, truncate, aggregate, reproduce, create derivative works of, distribute, redistribute, syndicate, publicly perform, publicly display and otherwise fully exploit the User Content in connection with the Website, the Services and our businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any medium and through any form of technology or distribution, and including after your termination of your Account or the Services. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that the foregoing license of this Section shall apply to the same. Further, Feminine Collective owns all rights, title and interests in any compilation, collective work or other derivative work created by Feminine Collective that incorporates your content. You also hereby grant each User of the Site and/or Services a non-exclusive, perpetual license to access your User Content through the Site and/or Services, and to use, edit, reproduce, distribute, prepare derivative works of, display and perform such User Content, including after your termination of your Account or the Services. To clarify, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed to in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
Unless otherwise agreed upon in writing by you and Feminine Collective, you may not use any third party platforms, other than your own website or your own social media pages, to link to or distribute the User Content.
CONTENT AVAILABILITY & DISCLAIMERS
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Services (or any part thereof) with or without notice. You agree that Feminine Collective shall not be liable to you or any third party for any such modification, suspension or discontinuance of our site. In addition, we reserve the right to terminate your access to our Services for any reason, and to take any other actions that Feminine Collective, in its sole discretion, believes to be in the interest of our company and of our users as a whole.
OUR SITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE MATERIALS AVAILABLE THROUGH OUR SITE. WE DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO OUR SITE OR ANY INFORMATION OR GOODS THAT ARE AVAILABLE OR ADVERTISED OR SOLD THROUGH OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS, NOR DO WE ENDORSE THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT OR OTHER MATERIAL OR DATABASE DISPLAYED, UPLOADED OR DISTRIBUTED ON THIS SITE OR AVAILABLE THROUGH LINKS ON OUR SITE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS OR OMISSIONS ON OUR SITE. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES” OR OTHER DESTRUCTIVE MATERIALS TO OUR SITE, WE DO NOT GUARANTEE OR WARRANT THAT OUR SITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR SITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR SITE AND ANY MATERIALS AVAILABLE THROUGH OUR SITE, YOU DO SO SOLELY AT YOUR OWN RISK.
OUR SITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, OPINIONS, STATEMENTS, FACTS, ARTICLES, OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE DIFFERENT SOURCES FROM WHICH CONTENT ON OUR SITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE. INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON OUR SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY US AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES
OPINIONS OF CONTENT SUBMITTED BY USERS
Opinions and other statements expressed by users and third parties (e.g., bloggers) are theirs alone, not opinions of Feminine Collective. Content created by third parties is the sole responsibility of the third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and distribute content through our Site, Feminine Collective is not undertaking any obligation or liability relating to the content. Feminine Collective and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content. Feminine Collective and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Feminine Collective reserves the right to block or remove communications, postings or materials at any time in our sole discretion.
You understand that by using the Services, you may be exposed to Content that may be considered offensive, indecent or otherwise objectionable. Feminine Collective, under no circumstances will be liable in any way for any User Content, including, but not limited to, for any errors or omissions in any such Content, or for any loss or damage of any kind incurred as a result of the use of any such Content.
USER-SUBMITTED CONTENT AND CONTENT LICENSES
Rules of Conduct: You understand that all Content posted by Users, whether publicly posted or privately transmitted, are the sole responsibility of the User from which such Content originated. As a condition of use, you promise not to use the Services for any purpose that is prohibited by this User Agreement. You agree that any Content you upload, download, post, submit or otherwise distribute or facilitate distribution of on or through the Service, including without limitation any User Content will follow the rules of conduct below.
You agree that your Content:
- does not infringe any any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty.
- is not false, misleading, untruthful or inaccurate;
- is owned by you or you have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Terms and Conditions; and
- you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and User Agreement. In addition to the foregoing, you agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant us all of the rights granted herein;(ii) publish falsehoods or misrepresentations that could damage us or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice.
You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Terms and Conditions or Any Breach by You of Your Representations and Warranties: You agree to indemnify and hold harmless Feminine Collective and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms and Conditions or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section In such event, you shall provide us with such cooperation as is reasonably requested by us.
USER INFORMATION DISCLOSURE
You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.
You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
Feminine Collective and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this site or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our site (including, without limitation, as a result of breach of any warranty or other term of this User Agreement). Any claim against us shall be limited to the amount you paid, if any, for use of our site.
CANCELLATION AND TERMINATION
(3) After cancellation or termination of your account for any reason, you will no longer have access to your account and all information and content in your account or that you have stored on Feminine Collective may be deleted by Feminine Collective. Feminine Collective will have no liability for information or content that is deleted due to the cancellation or termination of your account for any reason.
Feminine Collective may provide, or third parties may provide, links to other content, products, services or Web sites, which are not owned or operated by Feminine Collective. Because Feminine Collective has no control over such content, products, services or Web sites, Feminine Collective 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. Feminine Collective will 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, products, services or Web sites.
The Services contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Content contained in sponsor advertisements or information presented to you through the Services or advertisers may be protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by the right holder, you will not modify, rent, lease, loan, sell, distribute or create derivative works based on the Services or any advertiser’s content, in whole or in part.
GOVERNING LAW AND JURISDICTION
This USER AGREEMENT and the relationship between you and Feminine Collective will be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and Feminine Collective agree to submit to the personal and exclusive jurisdiction of the courts located within Hollywood, Florida with regard to all disputes arising in any manner from the Services or this User Agreement.
ENTIRE AGREEMENT & SEVERABILITY
This User Agreement constitutes the entire agreement between you and us with respect to the Services, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.
Assignment. This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.
Relationship. No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.
Notice Delivery. Unless otherwise specified in this User Agreement, all notices under this User Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to [email protected]
No Waiver. Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.
Effective Date of User Agreement: 08/13/13