Terms of Use

LEGAL NOTICES

EFFECTIVE DATE: OCTOBER 2009

TERMS OF USE

She Writes, Inc. (SHE WRITES) Web Site General Terms of Use

She Writes, Inc. (SHE WRITES) owns and operates this Site. The Site includes material, items, logos, trademarks, features, text, software, photos, videos, graphics, music, sound, data and information (“Material”) in its content that are the subject of trademark, copyright, patent or other proprietary protection. Further, certain Materials in this Site are the property of third parties, who have authorized SHE WRITES to distribute and use these Materials within this Site. All right, title and/or interest in and to such Materials, including all associated proprietary rights, are held by and shall remain with SHE WRITES. You acknowledge that you do not acquire any ownership rights in, nor do you acquire any license to any rights, either expressed or implied, to the Materials by accessing and using this Site. SHE WRITES specifically reserves all rights not expressly authorized under these Terms of Use, and you are only authorized to use this Site and the Materials as outlined herein. SHE WRITES has the right, at any time and without notice, to change or discontinue this Site or any aspect or feature of this Site, including without limitation, the content, hours of availability, and the equipment needed for access or use of this Site, and any service or product or opportunity offered at this Site.

Restrictions on Use (As Applicable)

You shall use the SHE WRITES Site for lawful purposes only. You shall not post or transmit on this Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violate any law. Without SHE WRITES’ express prior approval, you shall not post or transmit through this Site any material which contains advertising or any solicitation with respect to products or services. You shall not use this Site to advertise or perform any commercial solicitation, including without limitation, the solicitation of users to become subscribers of other on-line information services or products competitive with this Site. Any conduct by you that in SHE WRITES’ discretion restricts or inhibits any other user from using or enjoying this Site will not be permitted. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site.

Subject to the copyright and trademark use authorizations below, since this Site contains Materials that are the subject of copyright, trademark and other proprietary protection, you may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit, any of the Materials, in whole or in part, or this Site, in whole or in part, external to you. You may download the Materials for your internal use only on a single computer or you may network the Materials only on your internal intranet, which is owned, leased or solely controlled by you. Except as otherwise expressly permitted under statutory proprietary law or under these Terms of Use, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded Materials will be permitted without the express written permission of SHE WRITES and the third party owner. In the event of any permitted copying, redistribution or publication of the Materials, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made, and the integrity of this Site shall be preserved.

You shall not upload, post or otherwise make available on this Site any item protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any item is not protected by such proprietary rights rests with you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks or other proprietary rights, or any other harm resulting from such availability. By providing items to any public area of this Site, you automatically grant, or warrant that the owner of such item has expressly granted to you, the royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also permit any other user of this Site to access, view, store or reproduce the item for that user’s personal use on a single computer. You further grant SHE WRITES royalty-free, worldwide, perpetual, irrevocable, non-exclusive right and license to use, in any manner, reproduce, modify, adapt, publish, display, translate and distribute such material (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed any item made available on this Site by you.

The foregoing provisions of this Section are for the benefit of SHE WRITES, its subsidiaries, affiliates and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions, directly, against you or on its own behalf. You acknowledge that SHE WRITES, its parent, its subsidiaries, affiliates and third-party content providers and licensors assume no responsibility or liability for your actions or activities that are inconsistent with the restricted uses recited herein.

Disclaimer of Warranty/Limitation of Liability

A. YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE, AND THE CONTENTS THEREIN, ARE NOT GUARANTEED TO BE UNINTERRUPTED OR ERROR FREE; NOR IS ANY WARRANTY PROVIDED AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, AND THE CONTENTS THEREIN, OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE OR THAT THIS SITE IS FREE FROM ANY CLAIMS OF INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SHE WRITES, ITS AGENTS OR EMPLOYEES SHALL CREATE ANY WARRANTY.

B. THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THIS SITE AND THE CONTENTS HEREIN. THE INFORMATION OR CONTENTS OF THIS SITE SHOULD BE USED BY YOU ONLY AS AN INFORMATIONAL SOURCE AND SHOULD NOT SERVE AS THE SOLE FACTOR IN OR BASIS FOR ANY DECISION MADE IN CONNECTION WITH THIS SITE. THE INFORMATION OR CONTENTS OF THIS SITE ARE INTENDED TO SOLELY PROVIDE GENERAL GUIDANCE ON MATTERS OF INTEREST FOR YOUR USE AND YOU ACCEPT FULL RESPONSIBILITY FOR ITS USE. WHILE EVERY EFFORT IS MADE TO ENSURE THE CORRECTNESS AND COMPLETENESS OF THE INFORMATION OR CONTENTS CONTAINED HEREIN, YOU ACKNOWLEDGE THAT SHE WRITES DOES NOT PROMISE OR GUARANTEE THAT THE INFORMATION OR CONTENT CONTAINED HEREIN IS CORRECT, COMPLETE, OR ACCURATE.

C. IN NO EVENT WILL SHE WRITES OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THIS SITE, OR THE CONTENT INCLUDED THEREIN, BE LIABLE IN CONTRACT, IN TORT (INCLUDING FOR ITS OWN NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS, ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL ASPECTS REGARDING THE USE OF THE CONTENTS OF THIS SITE. 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.

Term/Obligations Upon Termination

Your right to use any of this Site may be subject to immediate termination by SHE WRITES if your use of this Site is inconsistent with the Terms of Use recited herein or if you misappropriate, misuse or infringe any of the Materials and/or the associated proprietary interests or rights of SHE WRITES or any third party. You are free to discontinue your use of this Site at any time. All Material is and shall remain the sole and exclusive property of SHE WRITES. Your right to use such Material is only authorized for the purposes stated herein, and you may store the Material during your continued and uninterrupted use of this Site; however, you may not store for future use such Material beyond your termination of access and use of this Site, nor may you develop a library of such Material during your use of this Site or after your termination of use of this Site.

Site Applicable Related Terms

These Terms of Use incorporate by reference the following terms and/or statements and/or agreements:

Privacy Practice Statement Governing Laws Terms Trademark Use Terms Copyright Use Terms Permission to Link Terms Third-Party Link Terms Contact Information Limited License Agreement

TRADEMARK USE TERMS

She Writes, Inc. ( SHE WRITES ) Trademark Use Authorization

She Writes, Inc. ( SHE WRITES ) trademarks, servicemarks, logos and/or tradenames (collectively, marks) identify SHE WRITES products and services, and let the public know the source of those products and services. You may make fair use of our trademarks in advertising and promotional materials, and in referring to our products and services and opportunities (for example, in a magazine article) without our permission, provided you follow standard trademark usage practices and provide proper attribution. In the event you wish to use the marks for linking, please refer to SHE WRITES’ Permission to Link Terms.

You may not use SHE WRITES marks, whether design or word marks, in the following ways:

• in a non-SHE WRITES product or service or opportunity name or publication title; or

• in, as, or as part of your own trademarks, servicemarks, logos or tradenames; or

• to identify non- SHE WRITES products or services or opportunity; or

• in a manner likely to cause confusion; or

• in a manner that implies inaccurately that SHE WRITES sponsors, endorses, or are otherwise is connected with your own activities, products, and services; or

• in a manner that distorts, changes or modifies the marks so as to affect its registered U.S. and international trademark status or in a manner detrimental to the enforcement of U.S. and international trademark protections; or

• in a manner that disparages or adversely impacts SHE WRITES or any of its parent, subsidiary, affiliate, associate or related business entities, or any of its directors, officers, employees or agents thereof, or its Site, products or services.

Your use of any marks constitutes your acceptance of the terms of this authorization. SHE WRITES disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the marks and their use, and the marks are provided “AS IS.” Further, SHE WRITES reserves the right, for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein. Any other uses require written permission from SHE WRITES. Please make such requests by contacting SHE WRITES as specified in this Site. SHE WRITES will evaluate your request as soon as possible.

In the event any other trademarks appear on this Site that are not SHE WRITES marks, you have no authorization to use, in any manner, or link nor does SHE WRITES grant you any rights, explicitly or implied, to use any or to link to such trademarks.

Additionally, SHE WRITES has rights to certain registered domain names in which it has a proprietary interest. The domain names are subject to the same restrictions as recited above and in the linking terms. SHE WRITES claims rights in “shewrites.com and “shereadsshewrites.com.”

Proper Attribution of SHE WRITES Marks

When you use SHE WRITES marks, please include an appropriate notice attributing the marks to SHE WRITES.

• SHE WRITES™ is a trademark of She Writes, Inc.

• SHE WRITES Logo™ is a trademark of She Writes, Inc.

COPYRIGHT USE TERMS

She Writes, Inc. ( SHE WRITES ) – Copyright Use Authorization

She Writes, Inc.’s ( SHE WRITES’) Site contains copyrighted material that includes, but is not limited to, screen shots, documents, data, graphical displays, pictures, digital images, text and computer code. These materials are owned by SHE WRITES or its suppliers, and your download, access or use of these materials from this Site does not transfer any rights, title or interest, whether expressed or implied, in the materials or the copyrights held in the materials, except as authorized herein, to you. SHE WRITES disclaims any warranties or guarantees, whether express or implied, including warranties against infringement with regard to the materials and their use, and the materials are provided “AS IS.” Further SHE WRITES reserves the right for any reason and without notice, at any time, to terminate this authorization or modify the terms recited herein.

Personal Use of Web Site Copyrighted Material

SHE WRITES hereby authorizes you to view, copy, download, and print SHE WRITES materials that are available on this Site, subject to the following conditions:

• The materials may be used solely for your personal or intranet requirements for informational purposes, and for no other purposes, including commercial exploitation or distribution, either independently or in combination with or integrated in other products.

• The materials may not be modified, altered, changed, translated or edited nor may you create derivative works thereof, except where otherwise stated.

• The following copyright notice and permission notice must appear in each document: "Copyright © 2009 She Writes, Inc. (SHE WRITES). All rights reserved. Protected by the copyright laws of the United States and International Treaties and Authorized for Use by SHE WRITES."

• Copyright or any other proprietary notices may not be removed, deleted or altered in any manner. You may not reproduce, copy, or redistribute the design or layout of this SHE WRITES Site, individual elements of any of this Site design, or SHE WRITES logos, servicemarks or trademarks without the express written permission of SHE WRITES, or where otherwise stated.

Commercial Use of Web Site Copyrighted Material

Reproduction, copying, or redistribution for commercial purposes (external to your intranet) of any Materials on this Site is strictly prohibited without the express written permission of SHE WRITES.

GOVERNING LAWS TERMS

She Writes, Inc. ( SHE WRITES)– Applicable Laws

This Site (excluding linked sites) is controlled by She Writes, Inc. ( SHE WRITES) from its offices within the state of New York, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of New York, by accessing this Site both you and SHE WRITES agree that the statutes and laws of the state of New York, without regard to the conflicts of laws principles thereof, will apply to all matters relating to use of this Site.

You and SHE WRITES also agree and hereby submit to the exclusive personal jurisdiction and venue in New York City in the State of New York; and if applicable, the nearest federal court to New York City having jurisdiction with respect to such matters. SHE WRITES makes no representation that materials on this Site are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. You shall adhere to U.S. Export Administration Laws and Regulations, and to International Internet Laws, Rules and Regulations.

PERMISSION TO LINK TERMS

She Writes, Inc. (SHE WRITES) – Terms for Linking

She Writes, Inc. (SHE WRITES) welcomes a link from your web page to SHE WRITES‘ Site. The following describes how you may link and the process for achieving such interaction between this Site and your link. Except as SHE WRITES may authorize elsewhere, non-SHE WRITES sites may link to this Site only by using SHE WRITES’ logo, tradename, trademark or URL - “She Writes.com” (collectively, Link Elements). By using these Link Elements, you agree to be bound by the following Terms.

1) SHE WRITES grants you a non-exclusive, non-transferable right and license to display the Link Elements on your site only for the purposes of establishing a link to this Site. You may display one or more Link Elements on your site provided that when a user clicks on your choice of a Link Element, the user always links to this Site, except where otherwise authorized. Further, you are not permitted to change or modify the Link Elements in a manner that is detrimental to the enforcement of U.S. and international trademark and copyright interests and title. Further, you may not eliminate, remove, alter or modify any advertising placed on this Site or any affiliated SHE WRITES Sites.

2) The link elements are not to be considered or to be construed, either explicit or implied, as any endorsement, agency or affiliate relationship, strategic alliance or any other legal or business relationship and are only provided for the convenience of the user at your site.

3) You may not use the link elements for or in the encouragement of unlawful or illegal purposes, or use or display the link elements in a disparaging, derogatory, detrimental or adverse manner, whether or not related to SHE WRITES or SHE WRITES’ Sites.

4) As a result of your use of these Linking Elements, you are not granted any other license or right in the trademark or copyrights held and owned by SHE WRITES in these Linking Elements and any related materials. Further, no license, either expressed or implied, is granted to any other intellectual property, including those properties associated with this Site, and any or all of the contents, therein.

5) SHE WRITES, at any time without notice, reserves the right, for any reason and in its sole discretion, to terminate or modify immediately, SHE WRITES' Terms for Linking. Upon termination, you shall promptly remove the link elements from your site. SHE WRITES disclaims any warranties or guarantees, whether express or implied, including warranties against infringement, with regard to the link elements and their use, and the contents of this Site. The content of this Site is provided “AS IS”.

6) SHE WRITES reserves the right to pursue any action against any use that does not conform to these terms or infringes any SHE WRITES intellectual property right or any or other interest, or violates any other applicable laws related to, arising from or associated with the link, Linking Elements, SHE WRITES or this Site.

THIRD PARTY LINK TERMS

She Writes, Inc. ( SHE WRITES ) – Links to Third-Party Sites

In the event there are any links provided in this Site to other third-party sites, which let you leave this Site, you acknowledge by your use of such links that SHE WRITES provides such links for your convenience only and makes no representations whatsoever about such third-party sites. These non-SHE WRITES linked sites are independent from SHE WRITES and SHE WRITES is not responsible for the contents of any linked site or any link contained in a linked site, or the operation, performance reliability of such site or the contents therein or any changes or updates to such sites. The inclusion of any such link does not imply endorsement, either expressly or implied, by SHE WRITES of the linked site. The linking to and use of such site is completely your responsibility and any liabilities or risks associated with such linking or use of the Site, and the contents therein, shall be assumed totally and completely by you. SHE WRITES assumes no liability or risk for any damages, either direct or consequential, or claims as a result of such linking and use of this Site and you will hold SHE WRITES completely harmless with respect to any claim made or action commenced as a result of such linking to or use or the site and any contents therein.

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