WGN provides access to the WGN services (the "Services") via its
Web site at http://www.wgn-global.com (in
addition to various other URLs offered through our Members (collectively,
"the Site"). The Services include, without limitation, the WGN online
networking services and monthly social events and are provided to our members
or other visitors to the Site under the following terms of service and use (the
"Terms"). Please read them carefully. You understand and agree that
the Services are provided to you exclusively under these Terms. By using the
Services, you are stating that you have read and understand the Terms and that
you agree to be bound by them. We reserve the right to terminate your use or
access to the Services at any time for any reason, including if we learn that
you have provided false or misleading information or have violated the Terms.
1. YOUR RESPONSIBILITIES
You agree not to use the Services to: (a) violate any local, state, national
or international law; (b) stalk, harass or harm another individual; (c)
impersonate any person or entity, or otherwise misrepresent your affiliation
with a person or entity; and (d) interfere with or disrupt the Services or
servers or networks connected to the Services, or disobey any requirements,
procedures, policies or regulations of networks connected to the Services. You
agree not to reproduce, duplicate, copy, sell, resell or exploit for any
commercial purposes, any portion of the Services, use of the Services or access
to the Services. Without our written consent, you may not (a) allow, enable, or
otherwise support the transmission of mass unsolicited, commercial advertising
or solicitations via e-mail (spam); (b) use any high volume, automated, or
electronic means to access the Services (including without limitation robots,
spiders or scripts); or (c) frame the Site, place pop-up windows over its
pages, or otherwise affect the display of its pages.
2. MODIFICATIONS TO TERMS
WGN may change the Terms from time to time. We will notify you of any such
changes via e-mail and/or by posting the changes on the home page. If you
object to any such changes, your sole recourse shall be to cease using the
Services. Continued use of the Services following notice of any such changes
shall indicate your acknowledgement of such changes and agreement to be bound
by the terms and conditions of such changes. In addition, certain areas of the
Services may be subject to additional terms of use. By using such areas, or any
part thereof, you agree to be bound by the additional terms of use applicable
to such areas. In the event that any of the additional terms of use governing
such area conflict with these Terms, these Terms shall control.
3. MODIFICATIONS TO SERVICES
We reserve the right to modify or discontinue the Services with or without
notice to you. We shall not be liable to you or any third party should we
exercise our right to modify or discontinue the Services. If you object to any
such changes, your sole recourse shall be to cease using the Services.
Continued use of the Services following notice of any such changes shall
indicate your acknowledgement of such changes and satisfaction with the
Services as so modified.
4. PRIVACY
As part of the registration process, you will be asked to provide certain
personal information to us. All uses of your personal information will be
treated in accordance with our Privacy Policy.
5. THIRD PARTY CONTENT AND MONITORING
We are a distributor and publisher of content supplied by users of the
Services and by other third parties. Accordingly, we have no editorial control
over such content. Any services, offers, or other information or content
expressed or made available by third parties, including information provided by
other users of the Services, are those of the respective author(s) or
distributor(s) of that information and not of us. We neither endorse nor are
responsible for the accuracy or reliability of any opinion, advice,
information, or statement made on the Services by anyone other than authorized
WGN spokespersons while acting in their official capacities. We have the right,
but not the obligation, to monitor and review the content on the Services and
your account to determine compliance with these Terms and any other operating
rules established by us, to satisfy any law, regulation or authorized
government request, or for other purposes. You understand and acknowledge that
we do not monitor content for accuracy or reliability.
6. YOUR CONTENT; LICENSE; REPRESENTATION AND WARRANTY
You are solely responsible for content you provide to us to be published on
our Site through our data entry forms ("Your Content"), and we act as
a passive conduit for the distribution and publication of Your Content.
However, we reserve the right to remove Your Content if we believe Your Content
may create liability for us. You represent and warrant that Your Content (a)
does not infringe on any third party's copyright, patent, trademark, trade
secret or other proprietary rights or rights of publicity or privacy; (b) does
not violate any law, statute, ordinance or regulation, including without
limitation the laws and regulations governing export control; (c) is not defamatory
or trade libelous; (d) is not pornographic or obscene; (e) does not violate any
laws regarding unfair competition, anti-discrimination or false advertising;
and (f) does not contain viruses, trojan horses, worms, time bombs, cancelbots
or other similar harmful or deleterious programming routines. You hereby grant
to us a worldwide, perpetual, irrevocable, royalty-free right, sublicensable
through multiple tiers of sublicensees, to exercise all copyright rights with
respect to Your Content in any media now known or not currently known. The
foregoing does not apply to content contained on hyperlinked pages or any other
content you do not submit to us.
7. DEALINGS WITH PARTNERS AND ADVERTISERS
Your correspondence or ensuing relationship with other members, advertisers,
sponsors or other third parties ("Third Parties") found on or through
the Services and any other terms or conditions associated with such dealings,
are solely between you and such Third Party. YOU AGREE THAT WGN WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT
OF ANY SUCH DEALINGS, OR AS THE RESULT OF THE PRESENCE OF SUCH THIRD PARTIES ON
THE SERVICES.
8. LINKS
Our provision of a link to any other site or location is for your
convenience and does not signify our endorsement of such other site or location
or its contents. WE WILL NOT BE LIABLE FOR ANY INFORMATION, SOFTWARE, OR LINKS
FOUND AT ANY OTHER WEBSITE, INTERNET LOCATION, OR SOURCE OF INFORMATION, OR FOR
YOUR USE OF SUCH INFORMATION.
9. TERMINATION
You agree that we, in our sole discretion, may terminate your use of the
Services without prior notice, and remove and discard Your Content from the
Site, for any reason or no reason, and without prior notice, including, without
limitation, if we believe that you have violated or acted inconsistently with
the letter or spirit of the Terms. FURTHER, YOU AGREE THAT WE SHALL NOT BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE
SERVICES. You may discontinue your participation in and access to the Services
at any time, however there will be no refund of quarterly fees that have been
paid by you.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE
SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE"
BASIS. WGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE AND NON-INFRINGEMENT
WITH RESPECT TO THE SERVICES. WGN MAKES NO WARRANTY THAT THE SERVICES WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR FREE; NOR DOES WGN MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF
ANY INFORMATION OBTAINED THROUGH THE SERVICES OR THAT DEFECTS IN THE SERVICES
WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR
INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SERVICES OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR INFORMATION. WGN MAKES NO WARRANTY REGARDING
ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY THIRD PARTIES THROUGH
THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM WGN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
11. LIMITATION OF LIABILITY
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO
EVENT WILL WGN OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES,
AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR (OR ACCESS TO THE
SERVICES AS YOUR) USE OF THE SERVICES. THE AGGREGATE LIABILITY OF WGN TO YOU
FOR ALL CLAIMS ARISING FROM THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS
($100).
12. EXCLUSIONS AND LIMITATIONS
Some jurisdictions do not allow the exclusion of certain warranties or the
limitation or exclusion of liability for incidental or consequential damages.
Accordingly, some of the above limitations and disclaimers may not apply to
you. To the extent that we may not, as a matter of applicable law, disclaim any
implied warranty or limit its liabilities, the scope and duration of such
warranty and the extent of our liability shall be the minimum permitted under
such applicable law.
13. INDEMNIFICATION
You agree to indemnify, defend and hold harmless WGN, its parents,
subsidiaries, affiliates, officers, directors, co-branders or other partners,
employees, consultants and agents from and against any and all third-party
claims, liabilities, damages, losses, costs, expenses, fees (including reasonable
attorneys' fees and expenses and court costs) that such parties may incur as a
result of or arising in any way from your use of the Services.
14. TRADEMARKS
Certain of the names, logos, and other materials displayed in the Services
constitute trademarks, trade names, service marks or logos ("Marks")
of us or other entities. You are not authorized to use any such Marks.
Ownership of all such Marks and the goodwill associated therewith remains with
us or those other entities.
15. COPYRIGHTS; RESTRICTIONS ON USE
The content of the Services ("Our Content"), including without
limitation, text, databases, software, code, music, sound, photos, and
graphics, is copyrighted by WGN and/or its licensors under United States and
international copyright laws, is subject to other intellectual property and
proprietary rights and laws, and is owned by WGN or its licensors. Our Content
may not be copied, modified, reproduced, republished, posted, transmitted,
sold, offered for sale, or redistributed in any way without our prior written
permission and the prior written permission of our applicable licensors. You
must abide by all copyright notices, information, or restrictions contained in
or attached to any of Our Content.
16. MISCELLANEOUS
The Terms constitute the entire and exclusive and final statement of the
agreement between you and us with respect to the subject matter hereof, and
govern your use of the Services, superseding any prior agreements or
negotiations between you and us with respect to the subject matter hereof. The
Terms and the relationship between you and WGN shall be governed by the laws of
the State of California
as applied to agreements made, entered into and performed entirely in
California by California residents, notwithstanding your actual place of
residence. All lawsuits arising out of the Terms or out of your use of the
Services shall be brought in the Federal or state courts located in San Diego
County, California and you hereby irrevocably submit to the exclusive personal
jurisdiction of such courts for such purpose. Our failure to exercise or
enforce any right or provision of the Terms shall not constitute a waiver of
such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as reflected in
the provision, and that the other provisions of the Terms remain in full force
and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Services
or the Terms must be filed within one (1) year after such claim or cause of
action arose or be forever barred. The section titles in the Terms are for
convenience only and have no legal or contractual effect.
17. SURVIVAL
The terms of Sections 6 through 16 as well as any other limitations on
liability explicitly set forth herein shall survive the expiration or earlier
termination of the Terms for any reason. Our (and our licensors') proprietary
rights (including any and all intellectual property rights) in and to Our
Content and the Services shall survive the expiration or earlier termination of
the Terms for any reason.
18. VIOLATIONS
Please report any violations of the Terms to Women’s Global Network at customerservice@wgn-global.com.
Revised November 1, 2006.
