These Terms of Service (“Terms“) govern your access to and use of the werc spacewebsite and portal made available to you by Women’s Funding Network (“WFN,” “we,” “us,” or “our“). That website and portal, together with their contents and all underlying technology, is referred to below as “werc space” or the “Service.” These Terms apply to all werc space users.
We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Service and, by accessing or using the Service after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Service or otherwise communicated to you.
ARBITRATION NOTICE: These Terms contain a binding arbitration provision. You agree that, except for certain types of disputes described in the arbitration provision below, all disputes between you and WFN will be resolved by mandatory binding arbitration and you waive any right to participate in a class action lawsuit or class-wide arbitration.
- License; Term.Provided you comply with these Terms, WFN grants you a limited, nonexclusive, revocable, nonassignable, nontransferable, nonsublicensable license to access and use werc space solely for your own personal use subject to our community principles (below) and the other restrictions contained in these Terms. These Terms begin upon your creation of a werc space account or, if earlier, your first access to or use of werc space, and will continue in effect until termination in accordance with these Terms.
- Intellectual Property Rights. The Service, including its text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components and content, and the design, selection, and arrangement of content, is exclusively the property of WFN or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property belonging to WFN or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Service may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Except as expressly described in these Terms, no licenses or other rights, express or implied, are granted by WFN to you under any patent, copyright, trademark, trade secret, or other intellectual property right of WFN.
Copyright © 2018 Women’s Funding Network. All rights reserved.
- Compliance with Laws. You are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable rules regarding online conduct and all anti-spam laws and privacy laws.
- Our Mission & Community Principles. All access to and use of werc space must be in furtherance of werc space’s mission of providing a community, resources, and support for women entrepreneurs. By accessing or using werc space, you warrant that you self-identify either as a woman in a way that is meaningful to you or as nonbinary, nongender conforming, or genderqueer.Additionally, you are responsible for complying with our community principles:
- Keep werc space a no-solicitation zone. If you want to network, ask for advice, or share insights, that’s great! We ask that you refrain from directly asking other werc space members for jobs, money, or to buy whatever it is you sell.
- Respect people’s time, energy, and expertise. We are all unique in our approaches and backgrounds. Keep werc space a safe and welcoming space for everyone.
- No being mean or discriminatory. If you disagree with someone, then disagree with the idea, not the person. We reserve the right to delete any inappropriate posts and to block your access to werc space if your posts attack someone in the community.We ask you to help keep the werc space community safe by reporting anyone who violates these rules. We reserve the right to delete any inappropriate posts and block any users.
- Restrictions on Your Use of the Service.
- You may download and print one copy of werc space’s visible content for your own personal use, provided you do not modify or delete any copyright, trademark, or other proprietary notices.
- You will not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, or create derivative works of werc space or any part of werc space without WFN’s prior written consent.
- You will not use werc space for unlawful purposes.
- You will not use werc space if you are under 18 years of age.
- You will not submit inaccurate, incomplete, or out-of-date information via werc space (including misrepresenting your background or experience or your business in any manner), commit fraud or falsify information in connection with your use of werc space, or act maliciously against the business interests or reputation of WFN.
- You will not submit or otherwise provide images, text, or other information or materials consisting of any of the following through or using werc space: information or materials that are defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful; information or materials that violate the legal rights of third parties; information or materials that illustrate, reference, or encourage conduct that constitutes a criminal offense, that gives rise to civil liability, or that otherwise violates any applicable law or regulation (e.g., drug use); or personal information pertaining to any individual other than yourself.
- You will not use werc space to develop, create, produce, enhance, or add to any database. You will not develop, assist in developing, or have developed on behalf of yourself or any other person any software, technology, or services that compete with or are substantially similar to werc space. You will not access, use, or analyze werc space for any purpose that is to WFN’s detriment or disadvantage.
- You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from werc space for purposes of creating or compiling that content for any purpose other than your authorized use of werc space as permitted by these Terms.
- You will not collect usernames or email addresses of other Service users by electronic or any other means for purposes of sending unsolicited emails or other communications.
- You will not post or send unsolicited messages, chain letters, spam, or junk mail.
- You will not access, use, or copy any portion of werc space, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
- You will not use werc space to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate werc space or any computers, hardware, software, system, data, or networks.
- You will not engage in activities that aim to render werc space or associated services inoperable or to make their use more difficult.
- You will not harass, annoy, intimidate, or threaten any WFN employees, contractors, agents, or representatives engaged in providing werc space.
- Your Account.You will be required to register for a werc space account in order to create a werc space profile for your business, to send messages to other werc space users, and to use certain other werc space features. You will be required to submit certain information to register for an account and you will be required to establish a username and password. You may choose to populate your werc space profile with additional information, as well as with a profile photo and header image. We reserve the right to remove or change your username, profile photo, and header image if they are inappropriate or do not closely relate to your business. Your username, company name (or, if you do not have a company name, your own name), profile photo, header image, Friends list, and Groups list will be displayed on your public werc space profile. You understand that a person does not need to have a werc space account in order to view your public werc space profile, which will also include any other contents that you choose to make visible to “Everyone” in your Profile Visibility settings. For more information on how content you provide is displayed on werc space, see the below section on User-Generated Content.You are responsible for maintaining the confidentiality of any information you use in connection with your werc space account, including your username and password. You are responsible for all activity on your account. If you believe someone else has accessed your werc space account, please immediately change your password and notify us at email@example.com. You will not sell or otherwise transfer your werc space account to or share your werc space account with any other person. Your werc space account is personal to you.
- Account Suspension, Deactivation, and Termination.WFN may, for any reason and in its sole discretion, suspend, deactivate, or terminate your werc space account or your use of werc space, and may terminate these Terms, without notice or liability, including if you breach these Terms, upon any unauthorized use of your username or password, if you act in an abusive manner, if you act in a manner inconsistent with applicable laws or regulations, or if it becomes no longer commercially viable to provide werc space to you. If we suspend, deactivate, or terminate your account, you will not create another account without our prior written permission. You may delete your werc space account at any time by selecting that option in your werc space profile. If you delete your account, your werc space profile will no longer be viewable to other werc space users. You understand that, upon any termination or deletion of your werc space account, any User-Generated Content (as defined below) you have provided may remain in our back-up systems and may continue to be accessible by other werc space users. Upon any termination of these Terms you must immediately stop accessing and using werc space.
- Availability; Resources Subject to Change.Any programs, resources, other materials, and services that may be mentioned on or made available via werc space are subject to availability. WFN may change the programs, resources, other materials, and services mentioned on or made available via werc space at any time without notice or liability.
- User-Generated Content.
A. If you have registered for a werc space account, werc space allows you to create, post, transmit, upload, publish, distribute, broadcast, submit, and otherwise provide comments, data, text, images, video, audio, and other content and material via werc space, including by creating a werc space profile and messaging other werc space users, and to respond to content provided by others (together, “User-Generated Content“). User-Generated Content includes any video, audio, and related materials you may provide pursuant to werc space’s Submit Your Story feature, which submission may be governed by additional terms or agreements, which are incorporated into these Terms. User-Generated Content is neither generated nor controlled by WFN. WFN is not responsible for any User-Generated Content. You are responsible for all User-Generated Content that you provide and for the legality, originality, and appropriateness thereof. You retain any copyright or other intellectual property rights you may have in User-Generated Content that you provide, subject to the license granted to WFN below.
B. Please keep in mind that certain User-Generated Content you provide, such as the contents of your public werc space profile as discussed above, will be publicly available on werc space. You can control who can see certain other types of your werc space profile content and other User-Generated Content you provide by adjusting your Profile Visibility settings in werc space. If you delete or replace User-Generated Content you have provided (where those options are available), you understand that it may remain in our back-up systems for a period of timeand that users who have had accessedthat User-Generated Content may continue to have access to and use it. C. By providing User-Generated Content you warrant that you are the creator or owner of that User-Generated Content or that you otherwise have the rights, permissions, and consents necessary to provide that User-Generated Content to us and to allow us to use that User-Generated Content as permitted by these Terms. By providing User-Generated Content, you agree not to claim that any use of that User-Generated Content by us or any third party infringes or violates your or any other person’s intellectual property rights, rights of privacy, rights of publicity, or other rights.
D. YOU HEREBY WAIVE ANY CLAIMS YOU HAVE TO YOUR LIKENESS AND IMAGE CONTAINED IN USER-GENERATED CONTENT. YOU HEREBY RELEASE WFN AND ITS DESIGNEES, AGENTS, LICENSEES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS FOR DAMAGES FOR LIBEL, SLANDER, INVASION OF PRIVACY, RIGHT OF PUBLICITY, AND ANY OTHER CLAIM BASED ON THE USE OF USER-GENERATED CONTENT.
E. You must maintain a polite, pleasant, and respectful environment. User-Generated Content that harasses, abuses, stalks, threatens, or violates the legal rights of others is prohibited. User-Generated Content must be relevant to the applicable topic. User-Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable or harmful is prohibited. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself. You may not provide any other person’s private or confidential information without that person’s permission.
F. User-Generated Content is not monitored. WFN reserves the right, but does not have the obligation, to, at any time and for any reason, review, prescreen, edit, redact, otherwise modify, reorganize, and recategorize User-Generated Content. WFN also reserves the right, but does not have the obligation, to, at any time and for any reason, delete User-Generated Content from werc space. WFN has no obligation to archive or otherwise store any User-Generated Content. WFN reserves the right to impose limits on werc space features (e.g., the ability to provide User-Generated Content) and to restrict your access to all or parts of werc space at any time for any reason, including breach of these Terms.
G. If you provide User-Generated Content, you grant WFN a perpetual, worldwide, nonexclusive, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up license to copy, reproduce, adapt, reformat, translate, modify, excerpt, prepare derivative works of, store, publish, perform, display, license, sell, exploit, and otherwise use and distribute (in all media and distribution methods now known or later developed) that User-Generated Content. You understand that this license allows us, without limitation, to: include User-Generated Content in promotional materials; use User-Generated Content to develop and market products and services; make User-Generated Content available to other persons and entities (including other werc space users); and publish User-Generated Content on other WFN websites and on WFN’s social media pages; in each case without any compensation to you.
H. If you believe that anything on werc space infringes any copyright that you own or control, please follow the process described below. If you believe that anything on werc space violates a law or regulation or breaches any provision of these Terms, please notify us at firstname.lastname@example.org.
- Copyright Policy.We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA“), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Service if we become aware of the same. If you believe that anything on the Service infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:
- A description of the copyrighted work(s) that you claim have been infringed;
- A description of the allegedly infringing material, including its location on the Service;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- Your email address, telephone number, and mailing address;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner.
Your notice must meet the then-current requirements implemented by the DMCA. Contact information for our designated agent for notice of claims of copyright infringement is:
Women’s Funding Network
156 2nd Street, San Francisco, California 94105
Phone: (415) 965-3146
- NO WARRANTY.THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. WFN DOES NOT WARRANT THAT ANY MATERIAL, DATA, OR OTHER INFORMATION ON THE SERVICE IS ACCURATE OR RELIABLE. WFN DOES NOT WARRANT OR GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SERVICE. WFN DOES NOT WARRANT OR GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. WFN IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SERVICE.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WFN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, NONINFRINGEMENT, AND ANY ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE. WFN HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.WE DO NOT WARRANT OR ENDORSE ANY USER-GENERATED CONTENT. ALL USER-GENERATED CONTENT IS SOLELY THE REPONSIBILITY OF THE PERSON WHO PROVIDED THAT USER-GENERATED CONTENT.WE MAKE NO REPRESENTATION THAT THE SERVICE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS OR USE THE SERVICE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS.YOUR USE OF THE SERVICE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SERVICE, AND ANY OTHER DAMAGE THAT MAY BE INCURRED.
NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM WFN OR IN ANY MANNER FROM THE SERVICE CREATES ANY WARRANTY.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WFN, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS (TOGETHER, “WFN PARTIES“) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER INFORMATION INTO THE SERVICE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF A WFN PARTY HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE.YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SERVICE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL WFN PARTIES’ LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
- Indemnification. You will indemnify, defend, and hold harmless WFN Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Service, your misuse of or reliance on any material, data, or other information obtained from the Service, your submission of information (including personal information) using the Service, your provision of User-Generated Content, your participation in any interactive werc space features, your violation of or noncompliance with applicable laws or regulations, or your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.
- Force Majeure.WFN will not be liable to you for any delay or other failure to perform under these Terms that is due to causes beyond WFN’s control, including without limitation acts of God, acts of a public enemy, terrorism, civil disorders, acts of the United States of America or any state, territory or political division thereof, fires, floods, earthquakes, blizzards, other extraordinary elements of nature, telecommunications failures, Internet failures, and similar causes and events.
- Linking to the Service. If you operate a website and are interested in linking to werc space: (a) the link must be a text-only link unless you request a graphic badge from WFN, in which case you may use any graphic badge provided by WFN to link to werc space, and, in any case, the link must be clearly marked; (b) the link must point to the URL “https://wercspace.org” and not to any other page; (c) the link and its use must be in connection with a website of appropriate subject matter that furthers the mission of WFN; (d) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with WFN’s names and trademarks; (e) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by WFN; and (f) the link, when activated by a user, must display werc space full-screen and not within a frame. WFN reserves the right to revoke consent to link to werc space at any time in its sole discretion, either by amending these Terms or through other notice.
- Feedback. WFN welcomes comments regarding werc space. If you submit comments or feedback to us regarding werc space, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.
- Governing Law.These Terms are governed by the laws of the state of Minnesota, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, located in Saint Paul, Minnesota, with respect to any dispute arising under these Terms unless otherwise determined by WFN in its sole discretion. The parties expressly agree to the exclusive jurisdiction of those courts.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury.Please read the following paragraphs carefully because they require you to arbitrate disputes with WFN and limit the manner in which you can seek relief from us.A. Any dispute, claim, or controversy arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity of these Terms (together, “Disputes“), will be resolved by binding arbitration on an individual basis as described in these Terms (this “Arbitration Agreement“). But, in the event of any actual, alleged, or threatened violation of confidentiality or violation of WFN’s intellectual property or other proprietary rights, WFN may immediately resort to court proceedings in a court of competent jurisdiction in order to seek immediate injunctive relief without posting bond, proving damages, or meeting any similar requirement. Any institution of any action for injunctive relief will not constitute a waiver of the right or obligation of either party to submit any claim seeking relief other than injunctive relief to arbitration. This Arbitration Agreement applies to you; WFN; WFN’s affiliates; WFN’s and its affiliates’ respective directors, officers, owners, employees, contractors, consultants, agents, representatives, predecessors in interest, successors in interest, and assigns; authorized and unauthorized users or beneficiaries of the Service; and any third-party beneficiaries.B. Arbitration proceedings will be administered by JAMS/Endispute (“JAMS“) before an arbitrator selected pursuant to the JAMS rules. The decision of the arbitrator will be final and binding. Any final award or judgment may be filed and enforced in any court of competent jurisdiction. The parties will share equally in the costs assessed for the arbitration and each party will bear its own attorneys’ fees and costs. Any arbitration proceeding may not be consolidated or joined with any other proceeding and will not proceed as a class action. The parties understand that they would have had a right or opportunity to litigate Disputes through a court, to have a judge or jury decide their case, and to participate in a class action or other proceeding involving multiple claimants, but they have instead chosen to have all Disputes decided through individual arbitration.
C. Place; Federal Arbitration Act.The place of arbitration will be Saint Paul, Minnesota, unless otherwise agreed to in writing by all parties to the arbitration. This Arbitration Agreement evidences a transaction involving interstate commerce and the Federal Arbitration Act, 9 U.S.C. Sections 1-16, will govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement.D. Any and all actions taken under this Arbitration Agreement, including all filings, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.E. Time Limitation on Claims. Arbitration proceedings must be initiated within one year after any Dispute arises; otherwise, the Dispute is permanently barred.
- Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.
- Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of our liability, or dispute resolution) will continue in effect beyond any termination of these Terms or of your access to or use of the Service.
- Notices. All notices, consents, and other communications permitted or required to be given under these Terms must be in writing and addressed to the recipient and will be deemed given: upon delivery if personally delivered with fees prepaid, including by a recognized courier service; upon receipt if delivered by certified or registered United States mail, postage prepaid and return receipt requested, as indicated by the date on the signed receipt; or, where you are the recipient, upon delivery by email. Please print or otherwise save a copy of these Terms and all notices, consents, and other communications for your reference.
- Contact Us.Please direct any questions and concerns regarding these Terms or werc space to us by email at email@example.com, by telephone at (415) 441-0706, or by mail at 156 2nd Street, San Francisco, California 94105.