Introduction; Consent to Terms
Welcome to The Woman’s Report website and platform (the “TWR”). Please read these Terms and Conditions of Use before using, or submitting content in any form or media for use by or publication on The Woman’s Report. Please note that by your continuing to use this site and platform, or by your submitting any content for use by or publication on or in TWR, you agree to abide by, and you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend, revise, and update these Terms and Conditions of Use at any time without notice, and through your continuing use of TWR you agree to be bound by any such changes. Unless explicitly stated otherwise, any new features or functionality (including, without limitation, video and related projects) that may be added to augment or enhance TWR shall also be subject to these Terms and Conditions. The most current version of these Terms and Conditions of Use may be viewed at any time at thewomansreport.com.
The contents of TWR Media are protected by U.S. and international copyright laws. The contents of TWR Media, including any podcasts, any content, and other features, are owned by or are specifically licensed to us for any use by us. With respect to User Materials (as defined in the “User Materials” section below), the contents are either owned by TWR Media or exclusively licensed to TWR Media by the respective user. You may not reproduce, distribute, republish, upload, transmit, display, prepare derivative works, publicly perform, sell, transfer, assign, license or use for commercial purposes any copyrighted material on TWR Media without our prior written consent, except as provided below. All rights not expressly granted in these Terms and Conditions of Use are reserved to TWR Media.
No quotes from any material on TWR Media may be used in any other media, publication, or distribution without attribution to us.
Any other use of any part of TWR Media content requires our prior written permission.
TWR Media logos and other names and logos are service marks of The Woman’s Report LLC, or other entities that have licensed the use of their names and logos to TWR Service. All rights are reserved by the respective owners. You may not use any TWR Media provided service marks, logos or graphics, without our prior written consent, except that you shall have the right, and obligation, to use any TWR Media service mark or logo included in, or required to be used in connection with any use or copying of any content or other functionalities of TWR Media, subject to the requirements set forth in these Terms and Conditions of Use relating to the use of any content and other functionalities of TWR Media.
Through the “Submit an Article” button, and/or through other features of TWR Media, users may upload, transmit and/or otherwise submit (collectively “Submit”) content, comments, messages, other text, photos, images, story ideas, essays, and other content and materials to TWR Media, and/or make recommendations (collectively “User Materials”). You understand and acknowledge that any User Materials you Submit to TWR Media are provided to TWR Media with an exclusive, perpetual, worldwide, fully transferable license from the author to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt any or all of the User Materials submitted. You further understand and acknowledge that any User Materials that you Submit to TWR Media may be routed through our servers, the servers of one or more third parties, and the Internet, and may be viewed by our staff and on the Internet by the general public. You understand and acknowledge that TWR Media, and other features of the Service, are for public and not private communications.
We reserve the right to screen, refuse to post, remove or edit any User Materials at any time, for any or no reason at our absolute and sole discretion without prior notice, although we have no duty to so screen, refuse to post, remove or edit any User Materials. If we decide to screen any User Materials, there may be a delay in the posting of such content to allow for a proper review process. If we have questions about your User Materials, we have the right, but not the duty, to contact you for further information, including, for example, to verify that you own the copyright or otherwise have the rights to post the User Materials.
TWR Media and The Woman’s Report, LLC own the copyright, or have a license from the author(s) to all material published on thewomansreport.com. As provided above, repeated for clarification, by submitting any User Materials on or through TWR Media, you hereby grant us and our licensees an exclusive, perpetual, worldwide, transferable license to use, copy, sublicense, modify, transmit, publicly perform, display, create derivative works of, host, index, cache, tag, encode, and/or adapt any or all of your User Materials in any and all media formats or channels, whether now known or hereafter devised, including, but not limited to, TWR Media, the Service, any third party licensee web sites, over the air (on radio or television), and/or on any mobile platforms, and without further consent or notice to you. You further grant TWR Media and any of our licensees the right to contact you in connection with your User Materials and to use your name, city and state and other information that you have provided in connection with the Submitted User Materials.
In addition, you grant each user of TWR Media a non-exclusive, royalty-free, worldwide license to access any of your User Materials on or through TWR Media, to use your User Materials pursuant to these Terms and Conditions of Use.
For any User Materials that you Submit on or through TWR Media, you agree to abide by the Terms and Conditions of Use set forth herein and all of the Website Discussion Rules. You further agree to the representations and warranties, and indemnification obligations, set forth in the “Representations; Indemnity” section below.
Framing of TWR website is prohibited.
Links to TWR website by others
We encourage and permit links to content on TWR website. However, we are committed to the highest reporting and journalistic ethics and standards and to independent journalism, both in fact and appearance. Therefore, any linking to TWR website or TWR Media should not (a) suggest that we promote or endorse any third party’s causes, ideas, web sites, products or services, or (b) use any of TWR content for inappropriate commercial purposes or in any way that is unlawful or harmful to any other person or entity. We reserve the right to withdraw permission for any link at any time, for any reason.
Links to Third Party Sites
TWR website may provide links to Internet sites maintained by third parties. We have no control over those third-party web sites and do not endorse the content, owners, products or services of any such sites. TWR, TWR website, and TWR Media is not responsible or liable for the content, owners, availability, accuracy, quality, advertising, products, services or other materials on or available from any of those sites. We 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 any or attempted use of or reliance on any such content, products or services available on or through such sites.
Use of Third Party Services
TWR Media Player
TWR Media offers an audio and/or video player for accessing audio and video content on TWR websites (“TWR Media Player”). TWR Media Player may be embedded or displayed on your personal web site, weblog, or similar application for personal use, provided that (a) your use is for non-promotional, internet-based purposes only, including desktop gadgets, blog posts and widgets, but excluding e-newsletters; (b) all links redirect the user to TWR website when the user clicks on them, and all content is streamed from the originating TWR website servers; (c) you shall not add to, delete or modify any audio, video, headlines, text, links, or other content contained in TWR Media Player; (d) you shall not delete or modify any TWR logos contained in TWR Media Player; (e) your use or display of TWR Media Player must not suggest that TWR website or TWR Media promotes or endorses you or any third party or the causes, ideas, web sites, products or services of you or any third party; (f) you shall not use TWR Media Player in any way that changes or distorts the fundamental meaning of the content; and (g) you may not insert any intermediate page, splash page or other content between the links contained within TWR Media Player and TWR website. Any other use of TWR trademarks or service marks, TWR Media Player, or of any content contained within TWR Media Player requires our prior express written permission. We reserve the right to discontinue providing TWR Media Player at any time, and to require that you cease accessing or using TWR Media Player, or any content contained in TWR Media Player, at any time for any reason.
By using TWR Media and/or Service, or Submitting any User Materials through TWR Media, the Contact Us page or through any other means, [or by using Content Feeds, API Content, or Podcasts,] or by using any other features of TWR Media, you agree to the following rules:
- You must be at least eighteen (18) years of age to participate in TWR website community or other social networking features of TWR Media; to submit any User Materials or personally identifiable information on or through TWR Media; and/or place an order on TWR Media online shop. If you are under 18 years of age, please do not send any information about yourself, including your name, address or email address to TWR Media. If we discover that we have collected any personally identifiable information from a child under the age of 18, we will remove that information from our database as soon as possible. If you are under the age of 18, you may browse TWR Media or other features of the Service with the express consent of your parent(s) or guardian(s), so long as you do not submit any User Materials or any personally identifiable information.
- You may not submit any User Materials anonymously or under a false name or a false e-mail address. You may not impersonate another user or provide any false information about yourself.
- You may not submit any User Materials or links to material that is libelous, defamatory, false, obscene, indecent, lewd, pornographic, violent, abusive, threatening, harassing, discriminatory, in violation of the law, harmful to children, in violation of third party privacy rights, or that constitutes hate speech or a personal attack.
- You may only submit User Materials for which you have the copyright or other necessary rights and permission to distribute electronically. You may not violate, plagiarize, or infringe on the rights of third parties, including copyright, patent, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights. You promise and represent that you own or have all necessary rights and permissions to use, distribute and authorize TWR Media and their users (to the extent permitted by these Terms and Conditions) to use and distribute any User Materials.
- The Service can only be used for personal, non-commercial purposes. You cannot submit any material containing any solicitation of funds, advertising, promotion, solicitation for goods and services, or recruiting. You may not use TWR Media for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives.
- You may not submit any software or other material which contains a virus, worm, Trojan horse or other harmful computer code, files, scripts, agents, programs or device. You may not use the Service to distribute chain letters, mass mailings, “spam,” or duplicative or unsolicited messages in violation of applicable laws, or to gather usernames and/or e-mail addresses for the purpose of sending unsolicited email or other communications to other users of the Service.
- You may not interfere with or disrupt the integrity or performance of TWR Media or any portion or contents thereof, or use TWR Media web presence and connection in any way which degrades their reliability, speed or operation, or their underlying hardware or software. In addition, you may not attempt to gain unauthorized access to TWR Media or related systems or networks.
- By submitting any User Materials on or through the Service, you hereby grant TWR Media, their licensees, and users of TWR Media (to the extent permitted by the Terms and Conditions of Use) all necessary licenses to use those User Materials as set forth above in the “User Materials” section.
- You are solely responsible for any User Materials submitted using your account. We do not and cannot review all User materials submitted by you or others and are not responsible for any User materials submitted by you or others on or through the Service. However, we have the right (but not the obligation) to review, screen, delete, edit and/or move any User Materials that we deem, in our sole discretion, to be in violation of the Terms and Conditions of Use, these Website Discussion Rules (for User Materials Submitted through TWR Media), or for any other reason, as determined in our sole discretion.
- We are not responsible or liable for any User Materials submitted by you or a third party, including any User Materials, on or through the Service. We cannot verify the accuracy of statements that users make or place on or through the Service, and do not guarantee that any User Materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms and Conditions or the Website Discussion Rules.
- By using the Service, you agree to abide by these Website Discussion Rules. You acknowledge that we have the right (but not the obligation) to review, screen, delete, edit or move content or material that we deem, in our sole discretion, to be in violation of these Terms and Conditions of Use, the Website Discussion Rules, or for any other reason. You further acknowledge that we have the right to limit or terminate your, or any other person’s, access to or registration in the Service for any reason, in its sole discretion, including violation of these Website Discussion Rules or the Terms and Conditions of Use.
- You agree to comply with the Website Discussion Rules, as we may update them from time to time.
You represent and warrant that (a) if you Submit any User Materials or personally identifying information on or through the Service, you are at least 18 years of age, (b) you have obtained all clearances, releases, licenses and rights to any User Materials you Submit on or through the Service that may be necessary for their use as contemplated by TWR Media and these Terms and Conditions of Use, (c) there are no encumbrances or restrictions on the User Materials or their use as contemplated by TWR Media and these Terms and Conditions of Use, (d) the User Materials, and their use by TWR MEDIA, any of its licensees, and users (pursuant to these Terms and Conditions of Use) does not and will not defame any person or entity, or violate or infringe upon the copyright, trademark, patent, trade secret, right of privacy, reputation, creative or other rights of any person or entity or violate these Terms and Conditions of Use or the Website Discussion Rules, and (e) your use of the Service fully complies with these Terms and Conditions of Use. You agree that you will indemnify and hold harmless The Woman’s Report LLC and TWR Media and their respective directors, officers, employees, members, licensees from any and all claims, liabilities, costs or expenses, including reasonable attorneys’ fees, arising from (1) your breach of any of the representations and warranties contained herein, (2) your use of the Service, (3) the User Materials you have Submitted on or through the Service, or (4) the Service’s publication, distribution or use of such User Materials, or the authorized publication, distribution or use of any of your User Materials by the Service or its licensees and users.
TWR website offers content, information, articles, and other materials written or maintained by TWR. Certain forms of sponsorship, including paid advertising, may be accepted for some of this content or articles.
The views and opinions expressed on TWR-branded or sponsored material are that of either TWR and/or the specific author(s) of the materials, and are not influenced by any advertising partners.
THE SERVICE AND ANY CONTENT, MATERIALS, USER MATERIALS, FEATURES OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NOR DO WE MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR ENDORSE, RECOMMEND, OR MAKE ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR CONTENT OF, ANY CONTENT, INFORMATION, MATERIALS, USER MATERIALS, FEATURES, SERVICE, PRODUCTS, OPINIONS, OR STATEMENTS AVAILABLE ON OR THROUGH THE SERVICE OR THROUGH LINKS ON THE SERVICE. USE OF THIS SERVICE IS ENTIRELY AT YOUR OWN RISK.
CONTENT ON TWR WEBSITE IS NOT INTENDED TO BE OR TO SUBSTITUTE FOR PROFESSIONAL ADVICE OF ANY KIND.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE WOMAN’S REPORT LLC, TWR MEDIA, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICE, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER MATERIALS) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT WILL THE WOMAN’S REPORT LLC, TWR MEDIA, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS OR THIRD PARTY PROVIDERS BE LIABLE TO ANY YOU OR TO ANY USERS FOR ANY AMOUNT IN EXCESS OF $100.
OUR RIGHT TO CHANGE TWR WEBSITE
We have the right to change or alter TWR website, or terminate or cease providing TWR website, or delete any content, materials or features in any way, at any time, for any reason or no reason at all.
In the event a product or event available on or through TWR website is listed at an incorrect price or with incorrect information, we will have the right to refuse or cancel any orders placed for product listed at the incorrect price. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may charge and withhold the applicable sales tax for orders. Otherwise, you are solely responsible for all sales taxes, or other taxes, on orders shipped to you.
Digital Millennium Copyright Act (DMCA) Notices; Copyright Agent
TWR Media respects the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement by any content or material on TWR Media, please provide the following information in writing to firstname.lastname@example.org ,attention DMCA Officer; Refer to 17 U.S.C. Section 512(c)(3) for further detail regarding the DMCA notice requirements:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
- a description of the copyrighted work that you claim has been infringed.
- a description of the material that you claim to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information sufficient to permit us to locate the material.
- information so that we can contact you, such as address, telephone number and e-mail address.
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- a statement that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act on behalf of the owner of a copyright that is allegedly infringed.
If you believe that any content or materials you posted, uploaded or Submitted to TWR Media, that were subsequently removed from TWR Media, or to which access was disabled, were improperly removed or disabled, please provide the following counter-notification information to our address noted above (see 17 U.S.C. Section 512(g) for further detail):
- your physical or electronic signature.
- a description of the materials that have been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
- a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
- your name, address and telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, and that you will accept service of process from the person who provided notification of the alleged infringement.
Only DMCA notices should be sent to The Woman’s Report DMCA Officer. For other comments or questions regarding TWR Media, please contact us through e-mail at email@example.com.
TWR website and TWR Media and any related services provided by TWR is controlled and operated within the United States. We make no representation that content, materials or products available on or through TWR are appropriate or available for use outside of the United States. If you access TWR website or TWR Media from outside the United States, you are responsible for compliance with any and all applicable laws, including local laws regarding online conduct and content and U.S. export laws and regulations.
These Terms and Conditions of Use shall be governed by and construed under laws of the Commonwealth of Pennsylvania without regard to its choice of law rules, and, where applicable, the laws of the United States. To the extent permissible by law, any disputes under these Terms and Conditions of Use shall only be litigated in the local or Federal courts located, and you hereby consent to personal jurisdiction and venue, within the Commonwealth of Pennsylvania. A modification or waiver of any part of these Terms and Conditions of Use shall not constitute a waiver or modification of any other portion of these Terms and Conditions of Use. If for any reason any provision of these Terms and Conditions of Use is found unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of the Terms and Conditions of Use will continue in full force and effect.
If you have any questions about these Terms and Conditions of Use, please contact The Woman’s Report at firstname.lastname@example.org.