Effective Date: December 2012
1. Eligibility of Registered Members and Non-Registered Users
2. Competent Users
3. Registered Member Data
You warrant that you will provide the most current, accurate, and complete information about yourself where requested by HerScoop, LLC. You agree to continually update your information if and when it changes. You agree to keep your username and password secure. You are responsible for your registered member account and you take full responsibility for any actions that occur using your membership account.
5. Our Rights in the Site Content
The Site Content, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement, are owned by HerScoop, LLC. The Site Content also includes any and all trademarks, service marks, designs, and logos that are contained on the herscoop.com website. All of the Site Content is subject to copyright, trademark, and other intellectual property rights.
Except for the User Generated Content that you provide, the Site Content may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any for or by any means, in whole or in part, without HerScoop, LLC’s prior written consent.
6. Our Rights in User Generated Content
You are responsible for your User Generated Content. This includes but is not limited to any text, photos, profile information, name, likeness, music, video, advertisements, listings, information, and other content that you contribute to the Site Content. Your User Generated Content belongs to you, subject to copyright, trademark, or other intellectual property rights and our rights as outlined below.
You give HerScoop, LLC an irrevocable and non-exclusive license to use your User Generated Content for the purposes of the herscoop.com website or our Trusted Partners program. These purposes may include but are not limited to making copies for storage or archival purposes. You give HerScoop, LLC permission to reproduce, publish, distribute, modify, destroy, or otherwise utilize your User Generated Content for the purposes of the herscoop.com website or our Trusted Partners program. You agree to waive all moral rights in your User Generated Content, and you warrant that you have not otherwise asserted moral rights in your User Generated Content.
You agree and warrant that your User Generated Content will not violate or infringe upon the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain defamatory material or any other unlawful material.
7. Registered Member Accounts
You can appoint others to act as your agent and to use the Site Content. You agree and warrant that any user that you authorize to have access to your account has the capacity to contract and is your authorized legal agent. You are responsible for any and all access to the Site Content by any authorized or unauthorized user of your account. It is your responsibility to control access to your account and to protect your username and password. You agree to hold HerScoop, LLC harmless for any access to your account, whether authorized or unauthorized.
You agree and warrant that you are responsible for backing up your User Generated Content. You agree to hold HerScoop, LLC harmless for any damage to, corruption of, or loss of your User Generated Content.
8. Interactive Computer Service Provider
HerScoop, LLC is an interactive service provider under § 230 of the Communications Decency Act. Any commentary or other communication made through the use of herscoop.com is entirely the responsibility of the person from whom such commentary or communication originated, and not HerScoop, LLC. HerScoop, LLC is not obligated to review, monitor, edit, delete, refuse, or modify the Site Content at any time or for any reason, but it may, within its sole and absolute discretion, choose to do so. HerScoop, LLC may, within its sole and absolute discretion, delete or remove Site Content, including User Generated content, without notice and for any and for no reason which violates the law, this Agreement, or which might be offensive, harmful, or threatening to the safety of others. You expressly warrant and agree to hold HerScoop, LLC harmless for any and all liability arising out of its exercise of any discretion.
HerScoop, LLC’s provision of Site Content as an interactive service provider does not imply its approval or endorsement of third party or User Generated Content.
HerScoop, LLC publishes Site Content that may contain user generated content and links to third party websites that are not owned or operated by HerScoop, LLC. HerScoop, LLC has no responsibility for these third party websites or for the user generated content of those sites. You use third party websites at your own risk, and you expressly warrant and agree to hold HerScoop, LLC harmless for any and all liability arising out of your use of third party websites.
9. Limited License to Use Site Content
HerScoop grants you a limited license to access and use the Site Content for your own personal non-commercial use. Any other use of the Site Content is prohibited.
You may not republish, incorporate, or otherwise use the Site Content without the prior, written authorization of HerScoop, LLC. You may not use any data mining, robots, scraping, or other data gathering or extraction methods on the Site Content. Any use of the Site Content must keep intact all copyright, trademark, or other notices and provide the name of HerScoop, LLC, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Site Content, if any.
You agree and warrant that you will use the Site Content for commercial use with the written consent of HerScoop, LLC. The prohibited commercial uses include but are not limited to: sale of the Site Content; use of the Site Content for the purpose of gaining subscription or advertising revenue; and use of the Site Content to displace the market for HerScoop, LLC.
You agree and warrant that you will not modify the Site Content.
HerScoop, LLC trademarks, including but not limited to HERSCOOP, are registered trademarks, common law trademarks, or trade names in the United States and in accordance with the laws of the United States. You may not use HerScoop, LLC’s marks, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. HerScoop, LLC’s marks may not be used or imitated without the prior written permission of HerScoop, LLC.
11. Representations, Warranties, and Disclaimer
HERSCOOP, LLC OFERS THE SITE CONTENT ON AN AS-IS BASIS. HERSCOOP, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE SITE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU
HERSCOOP, LLC IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. HERSCOOP, LLC ASSUMES TO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO A MEMBER, OR ALTERATION THEREOF.
HerScoop, LLC reserves the right to discontinue the Site Content at any time.
12. Limitation on Liability
YOU AGREE THAT HERSCOOP, LLC WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES ARISING OUT OF THIS LICENSE OF THE SITE CONTENT, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY. YOU AGREE THAT HERSCOOP, LLC WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE SITE CONTENT AND SERVICE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1000. IF NO FEES ARE PAID TO HERSCOOP, LLC, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
SOME STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IF THAT IS THE CASE, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER YOUR STATE’S LAWS.
15. Additional Terms and Conditions
No term or provision of this agreement will be deemed to have been waived and no breach of this agreement is consented to unless such a waiver or consent is in writing and signed by the party to be charged with the waiver or consent.