Agreement
to use the Womensmedia.com Company Internet sites:
PLEASE READ THE TERMS OF THIS AGREEMENT, THE DISCLAIMER,
AND THE PRIVACY STATEMENT CAREFULLY BEFORE USING THESE
SITES. By using these Sites (as hereinafter defined),
you signify your assent to these terms. If you do
not agree to these terms, please do not use the Sites.
RESTRICTIONS ON USE OF MATERIALS.
These Sites are owned and operated by Womensmedia.com
Company (referred to as "Womensmedia.com,"
"we," "us," or "our"
herein). No material from Womensmedia.com.com or any
Web site owned, operated, licensed or controlled by
Womensmedia.com ("Sites") may be copied,
reproduced, republished, uploaded, posted, transmitted,
or distributed in any way, except that you may download
one copy of the materials on any single computer for
your personal, non-commercial home use only, provided
you keep intact all copyright and other proprietary
notices. Modification of the materials or use of the
materials for any other purpose is a violation of
Womensmedia.com's copyright and other proprietary
rights. For purposes of this Agreement, the use of
any such material on any other Web site or networked
computer environment is prohibited.
In the event you download software from these Sites,
the software, including any files, images incorporated
in or generated by the software, and data accompanying
the software (collectively, the "Software")
are licensed to you by Womensmedia.com. Womensmedia.com
does not transfer title to the Software to you. You
own the medium on which the Software is recorded,
but Womensmedia.com retains full and complete title
to the Software, and all intellectual property rights
therein. You may not redistribute, sell, decompile,
reverse engineer, disassemble or otherwise reduce
the Software to a human-perceivable form.
SUBMISSIONS.
Womensmedia.com appreciates hearing from its customers
and welcomes your comments regarding Womensmedia.com
products, including Womensmedia.com's on-line services.
However, Womensmedia.com's company policy does not
allow it to accept or consider creative ideas, suggestions,
inventions or materials other than those it has specifically
requested. Accordingly, we must insist that you do
not send us any such original creative materials.
While we do value your feedback on our services and
products, we request that you be specific in your
comments on those services and products, and not submit
any creative ideas, inventions, suggestions or materials.
If, despite our request that you not send us any creative
materials, you send us creative suggestions, ideas,
notes, drawings, concepts, inventions or other information
(collectively, the "Information"), the Information
shall be deemed, and shall remain, the property of
Womensmedia.com. None of the Information shall be
subject to any obligation of confidence on the part
of Womensmedia.com and Womensmedia.com shall not be
liable for any use or disclosure of any Information.
Without limitation of the foregoing, Womensmedia.com
shall exclusively own all now known or hereafter existing
rights to the Information of every kind and nature
throughout the universe and shall be entitled to unrestricted
use of the Information for any purpose whatsoever,
commercial or otherwise, without compensation to the
provider of the Information.
In addition, even if Information is provided at the
request of Womensmedia.com, unless expressly stated
otherwise in such request for Information from Womensmedia.com,
all such Information shall be subject to the ownership
and other provisions set forth above.
CONTESTS.
All participants in any games, quizzes, contests or
other such activities contained on any Womensmedia.com
Sites must be eighteen (18) years of age or older
to enter.
JURISDICTIONAL ISSUES.
These Sites are controlled and operated by Womensmedia.com,
a part of Gemini Press Inc., from its offices within
the State of California, United States of America.
Womensmedia.com makes no representation that materials
in the Sites are appropriate or available for use
in other locations. Those who choose to access these
Sites from other locations do so on their own initiative
and are responsible for compliance with local laws,
if and to the extent local laws are applicable. Software
and technical data from these Sites are further subject
to United States export controls. No software or technical
data from these Sites may be downloaded or otherwise
exported or re-exported (i) into (or to a national
or resident of) Cuba, Iraq, Libya, North Korea, Iran,
Sudan, the Federal Republic of Yugoslavia (Serbia
and Montenegro) or any other country subject to United
States economic sanctions; or (ii) to anyone on the
U.S. Treasury Department's list of Specially Designated
Nationals and Blocked Persons or the U.S. Commerce
Department's Denied Persons List, or the U.S. Commerce
Departments Entity List. By downloading or using the
Software or technical data, you represent and warrant
that you are not located in, under the control of,
or a national or resident of any such country or on
any such list.
In addition, please note that the Sites are intended
for use only by U.S. residents. Womensmedia.com acknowledges
the global reach of the World Wide Web, however, countries
outside of the United States may have other legal
or regulatory requirements which require reference
to different or additional information. Therefore,
the Sites may not be appropriate for use outside the
United States or by anyone other than a U.S. resident.
TERMINATION.
This Agreement is effective until terminated by either
party. You may terminate this Agreement at any time
by destroying all materials obtained from any and
all Womensmedia.com Site(s) and all related documentation
and all copies and installations thereof, whether
made under the terms of this agreement or otherwise.
This agreement will terminate immediately without
notice from Womensmedia.com if in Womensmedia.com's
sole discretion you fail to comply with any term or
provision of this agreement. Upon termination, you
must destroy all materials obtained from this Site
and any and all other Womensmedia.com Site(s) and
all copies thereof, whether made under the terms of
this agreement or otherwise. Womensmedia.com reserves
the right to alter or delete material from these Sites
at any time and may, at any time, revise the terms
of this Agreement by updating this posting. You are
bound by any such revision and should therefore periodically
visit this page to review the then current terms of
this Agreement.
DISCLAIMER.
These Sites may from time to time contain information
relating to various medical, health and fitness conditions
and their treatment. This is for informational purposes
only and is not meant to be a substitute for the advice
provided by your own physician or other medical professional.
You should not use the information contained herein
for diagnosing a health or fitness problem or disease.
You should always consult your own physician and medical
advisors.
While Womensmedia.com uses reasonable efforts to include
accurate and up to date information in its Sites,
Womensmedia.com makes no warranties or representations
as to its accuracy. Womensmedia.com assumes no liability
or responsibility for any errors or omissions in the
content of Sites. Womensmedia.com has not reviewed
all of the sites that may be linked to its Sites,
and is not responsible for the content of any off-Site
pages or any other sites linked to these Sites (including,
without limitation, womensmedia.com sites). Your linking
to any off-Site pages is at your own risk.
Although Womensmedia.com may from time to time, monitor
or review the discussions, chats, postings, transmissions,
bulletin boards and other dialogue ("Dialogue")
on its Sites, Womensmedia.com is under no obligation
to do so and assumes no responsibility or liability
arising from the Dialogue contained in its Sites,
or for any error, defamation, libel, slander, omission,
falsehood, obscenity, pornography, profanity, danger
or inaccuracy contained in any information within
its Sites. Womensmedia.com does not monitor or review
the content of any off-Site pages or any other sites
linked to its Sites (including, without limitation,
womensmedia.com Web sites) and assumes no responsibility
or liability arising from the contents of such off-Site
pages or sites (including, without limitation, womensmedia.com
Web sites), or for any error, defamation, libel, slander,
omission, falsehood, obscenity, pornography, profanity,
danger or inaccuracy contained in any information
contained therein.
You shall not post or transmit any unlawful, threatening,
libelous, defamatory, obscene, inflammatory, pornographic
or profane material or any material that could constitute
or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or would otherwise
violate the law.
THE MATERIALS IN THIS SITE AND ALL OTHER SITES ARE
PROVIDED "AS IS" AND WITHOUT WARRANTIES
OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST
EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WOMENSMEDIA.COM
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WOMENSMEDIA.COM
DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE
MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE
SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. WOMENSMEDIA.COM DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING
THE USE OR THE RESULTS OF THE USE OF THE MATERIALS
IN THESE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE. YOU (AND NOT WOMENSMEDIA.COM)
ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING,
REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW
THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY.
Womensmedia.com provides the contents of its Sites
for informational purposes and for your general interest
and entertainment only. By using the Sites you hereby
agree not to rely on any of the information contained
herein. Under no circumstances, including, but not
limited to, negligence, shall Womensmedia.com be liable
for your reliance on any such information nor shall
Womensmedia.com be liable for any direct, incidental,
special, consequential, indirect or punitive damages
that result from the use of, or the inability to use,
the materials in these Sites or the materials in any
sites linked to these Sites, even if Womensmedia.com
or a Womensmedia.com authorized representative has
been advised of the possibility of such damages. Applicable
law may not allow the limitation or exclusion of liability
or incidental or consequential damages, so the above
limitation or exclusion may not apply to you. In no
event shall Womensmedia.com's total liability to you
for all damages, losses, and causes of action (whether
in contract, tort (including, but not limited to,
negligence) or otherwise) exceed the amount paid by
you, if any, for accessing these Sites.
OTHER.
This Agreement shall be governed by and construed
in accordance with the laws of the State of California,
without giving effect to any principles of conflicts
of law. If any provision of this Agreement shall be
unlawful, void, or for any reason unenforceable, then
that provision shall be deemed severable from this
Agreement and shall not affect the validity and enforceability
of any remaining provisions. This is the entire agreement
between the parties relating to the subject matter
herein.