Terms and Conditions of Use

 

1.   Introduction

 

1.1 These terms and conditions shall govern your use of our website.

 

1.2 By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

 

1.3 If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

 

1.4 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

 

1.5 Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.

 

3.   Copyright notice

3.1 Copyright (c) 2018 WIP, Inc.

3.2 Subject to the express provisions of these terms and conditions:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

 

4.   License to use website

4.1 You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(e) use our website services by means of a web browser,

    subject to the other provisions of these terms and conditions.

 

4.2 Except as expressly permitted by Section 4.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

 

4.3 You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

 

4.4 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

 

4.5 Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

 

4.6 Notwithstanding Section 4.5, you may redistribute our newsletter in electronic form to any person.

 

4.7 We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

 

5.   Acceptable use

5.1 You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

 

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

 

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

 

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent];

 

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

 

(f) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

 

5.2 You must not use data collected from our website to contact individuals, companies or other persons or entities for any other purpose than the intended and described purpose of the website.

 

5.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

 

6.   Registration and accounts

6.1 To be eligible for an account on our website under this Section 6, you must be resident, 21 years, female and situated in the United States.

 

6.2 You may register for an account with our website by completing and submitting the account registration form on our website.

 

6.3 You must not allow any other person to use your account to access the website.

 

6.4 You must notify us in writing immediately if you become aware of any unauthorised use of your account.

 

6.5 You must not use any other person's account to access the website.

 

6.6. By entering your email address in WIP website or a partner website, you also consent to receive email communication from WIP and its programs about events and updates that may interest you.

 

7.   User login details

7.1 If you register for an account with our website, you will be asked to choose a user ID and password.

 

7.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

 

7.3 You must keep your password confidential.

 

7.4 You must notify us in writing immediately if you become aware of any disclosure of your password.

 

7.5 You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

 

8. Fees; Payments.

8.1 . Fees. WIP may charge you a fee for certain features on the Service (the “Fee”). Any Fee will be set forth on the Service. Any Fees will be paid through our third party payment processors and must be in U.S. Dollars.

 

8.2 Subscriptions. WIP may offer monthly, quarterly or yearly subscriptions to the Service (“Subscriptions”). Subscriptions last one quarter or one year from the sign-up date, and they automatically renew for successive monthly terms until cancelled by you as further described below. You agree to pay for the Fee for the Subscription that you select for the Service and any other purchases you agree to make on the Service.

 

8.3 Invoicing. You authorize us to automatically charge the payment method our service provider has on file for your quarterly and yearly payments, based on the billing option you select at the time of checkout.

 

8.4 Auto-Renewal. By purchasing a yearly subscription to certain services, you agree that, once your subscription expires, your subscription will automatically renew for successive yearly periods unless you cancel your subscription as further described below. You authorize WIP to charge the payment method that our service provider has on file for you to pay for any renewal subscription. You will be billed for the same subscription plan (or the most similar subscription plan, if your prior subscription plan is no longer available) at the then-current yearly subscription price plus any applicable taxes. We will process your payments for any renewal subscription using the same billing cycle as your current subscription. In other words, if we process your payment for your current subscription on the 20th of each year, then we will continue to process your payment on that day for any renewal subscription. Additional terms and conditions may apply upon renewal, and subscription fees may change at any time, to the fullest extent permitted under applicable law. We will notify you of any changes to your subscription via email. You are solely responsible for ensuring that the email address associated with your account is accurate. For quarterly subscriptions, please re-read this paragraph and substitute the word ‘quarterly for yearly, as the same policy applies.

 

8.5 Cancellations.

8.5.1 24-Hour Cancellation. Regarding the Service, you, the buyer, may cancel this agreement, without any penalty or obligation, at any time prior to midnight of the next business day following the date of this agreement, excluding Sundays and holidays. To cancel this agreement, proceed to the profile page and change your membership or email us at info@womenpm.org. Please include the e-mail address associated with your GUILD account in this notice. For the Service, the day that you submit a completed subscription form will be the date of this agreement. Any refunds under this 24-hour cancellation policy will be made within 10 days after WIP’s receipt of your cancellation notice.

 

8.5.2 Cancellation of yearly plans. You may cancel your yearly subscription at any point in time. WIP will refund the amount of the membership fee not used proportionally to the yearly plan based on the months used versus unused. For WIP will subtract the retail value of any value coffee vouchers that have been sent to you via email as they keep the value and can be used past the cancellation date. Example: If you cancel in the month of July after you subscribed in January, we refund 6/12 of the yearly membership fee minus the retail value of the coffee vouchers sent to you. Any refunds under this cancellation policy for yearly plans will be made within 10 days after WIP’s receipt of your cancellation notice.

 

8.5.3 Cancellation As a Result of Death or Disability. If by reason of death or disability you are unable to receive the Service for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for services other than those received before death or the onset of disability, except as provided in subsection (C).

A. If you have prepaid any amount for the Service, so much of the amount prepaid that is allocable to services that you have not received will be promptly refunded to you or your representative.

B. “Disability” means a condition which precludes you from physically using the Service during the term of disability and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to WIP.

C. If the physician determines that the duration of the disability will be less than six (6) months, WIP may extend the term of the Service contract for a period of six (6) months at no additional charge to you in lieu of cancellation.

 

8.6.   Cancellation and suspension of account

8.6.1 We may:

(a) suspend your account;

(b) cancel your account;

(c) edit your account details,

    at any time in our sole discretion without notice or explanation.

 

8.6.2 You may cancel your account on our website using your account edit profile panel on the website and send a note to info@womenpm.org.

 

9. Events

WIP organizes events "Events" as part of the service and if you attend any of WIP events hosted, or co-hosted, you agree that you are responsible for any accidents or damages that you cause.

We reserve the right to refuse entry to any of our events.

We shall not be liable to you for fees, travel, accommodation or other costs and expenses incurred (included wasted costs and expenses) if we are required to cancel or relocate any event as a result of an event outside our control (including, without limitation, to acts of God, floods, lightning, storm, fire, explosion, war, military operations, acts of terrorism or threats of any such acts, any strike action, lock-outs or other industrial action and a pandemic, epidemic or other widespread illness or force majeure).

We reserve the right to refuse entry at our sole discretion.

You acknowledge and accept that we have the right to publicly announce our business relationship with you and your company which shall include but not be limited to announcements on social media. Such announcements shall not be disparaging or otherwise adverse to your business.

Changes to Events and Cancellations

It may be necessary for reasons beyond our reasonable control to alter the advertised content, timing and/or location of the conference or the advertised speakers or cancel the event. We reserve the right to do this at any time. Where we alter the time and/or location of the conference, we will provide you with notice of the same and will offer you the choice of either a credit for a future event of your choice (up to the value of sums paid by you in respect of the conference) or the opportunity to attend the conference as varied.

 

9.1 Liablity

You also agree to not hold WIP, or any of the event supporters and sponsors liable for any loss, damage, injury, or any other unforeseeable incident.

 

9.1.1 Our aggregate liability to you, whether such liability arises in contract, tort (including negligence) or otherwise, for any damages, loss, costs, claims or expenses of any kind howsoever arising, out of in connection with any booking (or requested booking) made by you or otherwise in relation to a conference, shall be limited to the price paid by you in respect of your booking to attend the conference.

 

9.1.2 We shall not be liable to you for (i) any loss of profit, loss of or damage to data, loss of anticipated savings or interest, loss of or damage to reputation or goodwill or; (ii) any indirect, special or consequential damages, loss, costs, claims or expenses of any kind.

 

9.1.3 You agree to indemnify us, our staff and our affiliates and to hold us harmless to the fullest extent permitted by law, against all loss, costs, claims or expenses of any kind arising from any act or omission by you (including your delegates) during or otherwise in relation to events.

 

9.2 Photos

 

By Participating at an event, you grant WIP permission to capture photo/video of you and use these photos in WIP's sole digression.

You grant us the right to use your company name and any quotes, video or photography taken at our event in future marketing of our events.

You grant us the right to use your company name and any quotes, video or photography taken at our event in future marketing of our events, within the boundaries set by our Privacy Policy and your rights.

 

9.3 Email Communication

 

By registering for an event through WIP website or a partner website or submitting your email in the process of signing up to the WIP FB group or other services that WIP provides, you also consent to receive email communication from WIP and its programs about events and updates that may interest you. If the event is co-hosted with a partner you also consent to receiving communication from that event partner.

 

9.4 Tickets

 

Tickets to WIP events are non-refundable. If you are unable to attend, you have the option of giving it to a friend or team member to attend in your place.

 

10.   Your content: license

 

10.1 In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

 

10.2 You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, sell, translate and distribute your content on and in relation to this website in any existing or future media.

 

10.3 You grant to us the right to sub-license the rights licensed under Section 9.2.

 

10.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

 

10.5 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

 

10.6 You may edit your content to the extent permitted using the editing functionality made available on our website.

 

10.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

 

10.8 DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have any complaints with respect to material posted on the Service, you may contact our Designated Agent at the following address:

 

WIP

ATTN: Legal Department (Copyright Notification)

815 Oregon Avenue

Palo Alto, CA 94303

Email: info@womenpm.org

 

Any notice alleging that materials hosted by or distributed through the Service infringe intellectual property rights must include the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of the material that you claim is infringing and where it is located on the Service;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

Repeat Infringers. WIP will promptly terminate the accounts of users that are determined by WIP to be repeat infringers.

 

11. Your content: rules

11.1  You warrant and represent that your content will comply with these terms and conditions.

11.2  Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

 

11.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libelous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage];

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

 

12. Limited warranties

12.1  We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

 

12.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

 

12.3  To the maximum extent permitted by applicable law and subject to Section 12.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

 

13. Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

 

13.2  The limitations and exclusions of liability set out in this Section 12 and elsewhere in these terms and conditions:

(a) are subject to Section 13.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

 

13.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

 

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

 

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

 

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

 

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

 

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

14. Breaches of these terms and conditions

 

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website or facebook group;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website or facebook.

 

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

 

15. Variation

 

15.1  We may revise these terms and conditions from time to time.

15.2  We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

15.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

 

16. Assignment

16.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

 

16.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

 

17. Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

 

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

18. Third party rights

 

18.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

 

17.2  The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

 

18. Entire agreement

 

18.1  Subject to Section 12.1, these terms and conditions, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

 

19. Law and jurisdiction

 

19.1  These terms and conditions shall be governed by and construed in accordance with the law of the United States of America.

 

19.2  Any disputes relating to these terms and conditions shall be subject to the non-exclusive jurisdiction of the courts of Delaware.

 

20. Statutory and regulatory disclosures

 

20.1  We are registered in California

 

21. Our details

 

21.1  This website is owned and operated by WIP, Inc..

 

21.2  We are a 501c3 non profit organization with registered address at 815 Oregon Avenue

Palo Alto, CA 94303.

 

21.3  You can contact us:

info@womenpm.org

© 2018 WIP, Inc.

All Rights Reserved