The following Terms and Conditions shall govern the materials and services provided to you by the Alliance for Women in Media, Inc. and the Foundation of the Alliance for Women in Media, Inc. (together “AWM”) for our websites, www.allwomeninmedia.org, www.awrt.org and www.thegracies.org (collectively, the “Site”).
The terms “you” and “user” as used in this Agreement refer to all individuals and/or entities accessing this Site for any reason.
By accessing and using our Site, you acknowledge that you have read and understand these Terms and Conditions, and that you accept them and agree to be legally bound by them. You should not use a Site if you have any objections to any of these Terms and Conditions.
The Site may contain or provide information, graphics, images, photographs, icons, designs, news, editorials, critiques, recommendations, tips, , press releases, brochures, documents, text, advertisements, video, audio, music, feeds, services, software technology, and other materials (the "Content"). The Site is solely for your personal, non-commercial use. The Content may be changed, updated or removed without notice. We may also make improvements and/or changes in the products, services and/or the programs described in this Content at any time without notice.
Except as otherwise noted, all content on the Site is:
Copyright 2011 Alliance For Women in Media All Rights Reserved
Please feel free to browse the Site. You may download or make single copies of materials displayed on the Site for your own personal and noncommercial use, provided that all copies shall retain the copyright, trademark and other proprietary notices displayed with the materials on the Site.
You may not distribute, transmit, copy, download or otherwise make available any material from the Site, including any text, images, audio clips, or video clips for public or commercial use, without the prior written permission of the Alliance for Women in Media; you also may not reproduce, distribute, transmit, publicly display, publicly perform, publish, license, modify, rewrite, create derivative works from, transfer or sell any material contained on the Site without prior written permission.
None of the material contained on the Site (including all software, HTML code and other code) may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written permission of the Alliance for Women in Media.
The Alliance for Women in Media has adopted a policy of terminating services to users who willfully and/or repeatedly infringe the Alliance for Women in Media’s copyrights and trademarks or any third party copyrighted or trademarked information available on our Site.
The trademarks/service marks and logos (collectively the “Marks”) displayed on the Site identify the Alliance for Women in Media’s products and services, and inform the public that the Alliance for Women in Media is the source of those products and services. Nothing contained on the Site should be construed as granting any right or license to use any Mark displayed on the Site. Your use or misuse of any Mark is strictly prohibited, including without limitation, your use of the Marks in any of the following ways:
In a non-Alliance for Women in Media product name or publication title;
To identify products or services that are not Alliance for Women in Media’s products or services;
In, as, or part of your own trademarks or services marks;
In a manner likely to cause confusion;
In a manner that implies inaccurately that the Alliance for Women in Media sponsors, endorses or is otherwise connected with your products, services or other activities; or
In a manner that disparages Alliance for Women in Media or dilutes the Marks.
THE SITE MAY CONTAIN TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION. THE SITE MAKES NO REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION POSTED, AND THE SITE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN RISK. THE ALLIANCE FOR WOMEN IN MEDIA RESERVES THE RIGHT TO MAKE CHANGES TO THE SITE AT ANY TIME.
NEITHER THE ALLIANCE FOR WOMEN IN MEDIA NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, INFORMATION PROVIDERS, LICENSORS AND SUBLICENSEES SHALL BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF, ACCESS TO, OR INABILITY TO USE THE SITES. (BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.) THE ALLIANCE FOR WOMEN IN MEDIA MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO ANY OF THE MATERIALS/SERVICES AVAILABLE FROM THE SITES, ALL OF WHICH ARE BEING OFFERED "AS IS." THE ALLIANCE FOR WOMEN IN MEDIA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING THE SITES OR YOUR DOWNLOADING ANY MATERIALS FROM THE SITES. IN NO EVENT WILL OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY) IN ANY WAY CONNECTED WITH THE SITE, THE CONTENT, THE USER SUBMISSIONS OR ANY THIRD-PARTY FEATURES, CONTENT, MATERIAL, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, OR FIFTY DOLLARS (US $50) (WHICHEVER IS LESS).
The Alliance for Women in Media respects the intellectual property of others, and we ask visitors to the Site to do the same. If you believe that your work has been used in a way that constitutes copyright infringement, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to a designated Copyright Agent of the Alliance for Women in Media:
Identification of the copyrighted work(s) that you claim has been infringed;
Identification of where the material that you claim to be infringing is located on a Site;
A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent, or the law;
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner of an exclusive copyright that is allegedly infringed or are authorized to act on the copyright owner's behalf;
Your address, telephone number, and email address; and
Your physical or electronic signature.
The designated agent of the Alliance for Women in Media for notification of claims of copyright infringement on the Site is Amy Lotz, Managing Director, who can be reached as follows:
Address: 1760 Old Meadow Road, Suite 500
Similarly, if you believe that any of your trademarks or service marks have been infringed, please notify the designated agent of the Alliance for Women in Media.
The Site may provide users with the opportunity to submit, post and/or exchange information, data, text, software, music, photographs, graphics or artwork, video, audio, messages or other materials, whether publicly posted or privately transmitted. You agree that you have read and are familiar with the following guidelines.
Please note that users who violate our guidelines will be sent a warning, and if necessary, will be banned from further posting.
A. User Submitted Content. The Site may include various features and services, such as bulletin boards, chat rooms, blogs, Web logs, discussion forums, feedback, bulletin board services, news groups, questionnaires, surveys, and other communication facilities or interactive areas, designed to provide you with forums in which to express your opinions and submit and share ideas, information, and materials, including, without limitation, data, text, files, links, images, photographs, videos, audiovisual works, musical compositions, sound recordings, postings, music, classifieds, obituaries, events, calendars, birthday notices, your and/or other persons' names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information (collectively, "User Submissions"). You understand and agree that each User Submission is the sole responsibility of the person with whom the User Submission originated. Thus, you are responsible for the User Submissions you post on our Site. We are not responsible for the User Submissions that you or other users post on the Site. We are not obligated to, and we do not, monitor, pre-screen or pre-approve the interactive areas of the Site. However, we reserve the right to edit, remove, or to refuse to post, any User Submission, in whole or in part, for any or no reason, including, but is not limited to, any User Submission that violates the Terms of Service or is otherwise objectionable, in our sole discretion. Because of the volume, we may not post all User Submissions that we receive.
B. Your License to Us. You retain all of your ownership rights in your User Submission. However, by submitting any User Submissions to us or to or through the Site, you grant to us, and to our sublicensees, an unrestricted, worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, and irrevocable right and license, without the requirement of any permission from or payment (or other consideration) to you or to any other person or entity, to use, re-use, reproduce, transmit, print, publish, modify, edit, alter, create derivative works based upon, display, exhibit, publicly perform, distribute, re-distribute, host, store, cache, archive, index, categorize, comment on, broadcast, stream, adapt, and translate the User Submissions and any ideas, concepts, know-how or techniques contained in or conveyed by the User Submissions, in whole or in part, in any and all formats and channels now known or hereafter developed (including, without limitation, on other our Web sites, on third party Web sites, in our print publications, on our broadcast and cable networks and stations, and on our broadband and wireless platforms, products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution services. In addition, you hereby grant us and our sublicensees the right, on an unrestricted, worldwide, royalty-free, non-exclusive, perpetual and irrevocable basis, to reproduce and use your name, likeness, image and voice (together with all trademark rights therein) on or in connection with the use of the User Submission and in any and all promotion or advertising material related thereto.
C. Not Confidential. You understand that all User Submissions you transmit to us and the Site will be treated as non-confidential and non-proprietary. You acknowledge that anything you submit to the Site by way of any User Submissions is routed through our servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such User Submission. You acknowledge that the User Submissions and features on the Site are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, through any media, including without limitation, a forum or blog, that information can be collected and used by people you do not know. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You understand that we may publish your username in connection with any User Submission. If you use your legal name as your username, then your legal name may be published.
D. No Fiduciary Relationship. You agree that any User Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the User Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users.
E. No Guarantee of Accuracy, Integrity or Quality of Submissions. We do not control, and are not responsible for, and do not guarantee the accuracy, integrity or quality of, the User Submissions made available through the Site. By using the Site, you may be exposed to User Submissions that you may find offensive, indecent, inaccurate, misleading, or otherwise objectionable. By using the Site, you agree to accept such risks and you agree that we are not responsible for the acts or omissions of users on the Site. We may now or in the future provide you a mechanism or click button to allow you to report any User Submission you may find objectionable. But please understand that in so doing we do not guarantee that any such User Submission will be removed, edited or deleted, and we are not responsible or liable for our refusing or failing to remove, edit or delete a User Submission you find objectionable. You agree that you must evaluate and bear all risks associated with your use of and reliance on this Site and any of its User Submissions. You also agree that under no circumstances will we, Nexstar, or any of our affiliated entities be liable in any way for any User Submission or for any loss or damage of any kind incurred as a result of the use of any Submission posted, emailed or otherwise made available via this Site.
F. Not Endorsed by Us. You acknowledge that the substance, views and opinions expressed in the User Submissions are those of the author or submitting user solely and do not reflect our or our affiliated companies' views or opinions. You should make your own evaluation of the content, views, and opinions expressed in the User Submissions. Nexstar and our affiliated companies are not responsible for and do not endorse, guarantee, or warrant any content, views, opinions, products, advice, recommendations or services referenced, posted or sent by the authors or submitting users through this Site. In fact, we specifically disclaim any and all liability in connection therewith.
G. Your Representations. You represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the User Submissions; (b) your User Submissions are your original work and not owned by any other party (or that you are making your User Submission with the express consent of the owner of the User Submissions); (c) your User Submissions are accurate, current and complete; (d) your User Submissions, your use of the Site, and the use of the User Submissions by us and/or our sublicensees do not and will not infringe or misappropriate any copyright, trademark, service mark, trade secret, patent, or other intellectual property or proprietary rights of any third party, including, but not limited to, rights of privacy or publicity; (e) your User Submissions, your use of the Site, and the use of the User Submissions by us and/or our sublicensees shall not violate any applicable law or regulation, including, but not limited to, any applicable advertising or fair housing laws or regulations, or cause injury to any person or damage to any property; and (f) your User Submissions and your use of the Site will not violate any agreements between you and a third party.
You will post honestly and in good faith and with the intention to accurately inform. We do not welcome people who wish to disrupt or insult other users. If we believe you are posting with the intent to cause disruption or harm to other users, you will be banned from further posting on the Site.
You are also responsible for keeping your email address updated. Failure to keep your email address updated may result in banning you from participating on our Site until we can confirm that you have a valid email address associated with your Site activities. You are also responsible for keeping your login information, including your password, private. Sharing of memberships or screen names is not allowed and may result in your membership being banned. The Alliance for Women in Media accepts no responsibility for use of your membership or computer by any third parties, with or without your permission.
You agree not to:
post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another's privacy;
post, disseminate, or transmit any Content that infringes or violates any party's copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission or attribution, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
post, disseminate, or transmit any advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass email to people or entities that have not agreed to be part of such mailings;
impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Site;
post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real-time exchanges;
interfere with, disrupt, or harm in any way the Site or servers or networks connected to the Site;
attack the character or damage the reputation of other members, name-call, insult, ridicule, mock, electronically stalk or otherwise harass another user;
insult, attack, belittle, or ridicule the beliefs, personal attributes, or life choices of other members;
"Hit and run." Please do not go to a board where you would not ordinarily post, simply to point out the wrongness of another poster or group's actions, beliefs, or comments;
collect or store personal data about other users;
engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
use the Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other website's providers, websites, chat rooms, or the like;
violate any applicable local, state, national, foreign or international law or regulation, intentionally or unintentionally;
forward or post private messages that someone has sent you unless you have his/her permission. Only send private messages to another user of the Site if he/she has given express permission to you;
transfer issues or posts from one bulletin board to another with the intention of drawing negative attention to the post. Do not quote someone else's post from another board without that person's permission. Please do not direct people to controversial or problematic threads on other boards;
select a screen name that is vulgar or obscene or that misrepresents you to other members;
use any community areas to buy or solicit any goods, services, or money to advertise or sell products or services of others. Please do not post any advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation;
use all capital letters in your chat or bulletin board postings;
post the same message more than once on a bulletin board or on multiple boards. This includes postings on multiple boards asking other members to vote in online contests, asking for signatures for petitions, and any other "public service"-type announcements about public or personal causes or issues;
"flood." This includes repeatedly "bumping" a thread, disrupting an online chat event by entering the same phrase over and over again, or otherwise using up band-with; or
post on behalf of a banned member, or you may also be banned without notice or warning.
You are cautioned that any online communications may not be fully confidential. You should be aware that some administrative personnel of the Alliance for Women in Media may, in the course of their regular duties, have access to communications for technical or operational purposes. In addition, you should be aware that federal postal regulations do no protect electronic mail. The Alliance for Women in Media may disclose communications to the extent permitted or required by law.
The Alliance for Women in Media reserves the right to discontinue the participation privileges of any user who engages in any fraudulent activity or uses the Site in a manner inconsistent with any federal, state, local laws, statutes or ordinances or with the intent to annoy, harm or abuse the Alliance for Women in Media, its representatives or any other Site user. In addition to discontinuance of participation privileges, the Alliance for Women in Media shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion.
As a service to our users, the Site may provide Public Areas that enable users to interact with other users and share commentary on a variety of subjects. A variety of subjects may be discussed via the Public Areas, however, use of such areas may only be for lawful and non-commercial purposes. The Alliance for Women in Media specifically prohibits certain uses and activities. You understand, acknowledge, and agree that by access or registration on Public Areas or any interactive area of the Site, you are prohibited from use of the Site for any of the purposes below in addition to the conduct listed in the User Conduct section (Section 7) of these Terms and Conditions:
Posting a profile for anything other than to participate in online discussion via the Public Area.
Sending a message to a user for any reason other than to participate in online discussions.
Deleting or revising any content or material posted by any other person or entity.
Forging or modifying any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason.
The Site may provide banner and general advertising, and other content provided by advertisers, sponsors and promotional partners. You understand, acknowledge and agree that such third party content on the Site is not an endorsement by the Alliance for Women in Media of the goods, services or messages conveyed in the content of the business practices (including the privacy policies) of such third party content providers. Users may from time to time enter into correspondence with or participation in the advertising or promotions offered through the Site. However, all such correspondence, including, without limitations, and resulting contractual agreements are solely between such third party and the user. You further agree that the Alliance for Women in Media is not responsible for upholding any applicable terms, conditions, representations or warranties made by third parties in connection with an agreement between users, or the purchase of goods and services offered by Advertisers or other third parties.
The MP3 audio files and XML files that together comprise an Alliance for Women in Media-hosted podcast (herein referred to as the "podcast") are protected by U.S. and international copyright laws. All rights to podcast(s) originating from the Alliance for Women in Media, including the content and technology included therein, are reserved to the Alliance for Women in Media. Alliance for Women in Media-hosted podcast(s) are available for personal, noncommercial use only. You may link to Alliance for Women in Media podcast(s) from your personal Web site and audio files may be downloaded and played on any system for personal, noncommercial purposes, provided that, unless permission to do so is expressly stated:
(a) you do not modify or delete any of the podcast content nor individual audio files;
(b) you do not redistribute the MP3 audio files made available as part of the podcast nor any audio file downloaded from allwomeninmedia.org;
(c) your use or display of a podcast(s) does not suggest that the Alliance for Women in Media, Alliance for Women in Media Affiliaties, Alliance for Women in Media sponsors nor Alliance for Women in Media members promote or endorse any third party causes, ideas, Web sites, products or services;
(d) audio files made available for download are not to be re-produced, edited, re-transmitted, or in any way repurposed without prior consent from the Alliance for Women in Media.
The Alliance for Women in Media reserves the right to discontinue providing podcast(s) and to require that you cease accessing or using the podcast(s) or any elements of the podcast at any time for any reason.
Under no circumstances and under no legal theory, tort, contract, strict liability, or otherwise, shall the Alliance for Women in Media be liable to you or any other person for any indirect, special, incidental, or consequential damages of any character including, without limitation, damages for lost profits, loss of goodwill, work stoppage, accuracy of services, content or results, computer failure or malfunction, damages resulting from disabling of the services provided as part of the podcast(s).
You agree to defend, indemnify, and hold us and our affiliates and our officers, directors, employees, contractors, agents, shareholders, information providers, licensors, and sublicensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of (i) any breach by you of these Terms of Service or claims arising from your use of or reliance on the Site, the Content or Submissions, (ii) your User Submissions, (iii) your infringement or violation of any intellectual property right or other right of any person or entity, or (iv) any willful misconduct by you.
YOU AGREE THAT ANY CLAIM YOU HAVE ARISING OUT OF OR RELATED TO THIS SITE, THE CONTENT OR ANY SUBJECT MATTER COVERED BY THESE TERMS AND CONDITIONS MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES; OTHERWISE, SUCH CLAIM SHALL BE PERMANENTLY BARRED.
Any action based on a breach of the terms herein shall be brought to the federal or state courts presiding in the Commonwealth of Virginia, whichever is appropriate, and to whose jurisdiction you consent in such an action. If a breach is found by the court, the court shall have the right to issue an injunction to prevent such a breach, and grant to the Alliance for Women in Media its damages and attorneys’ fees and such other and further relief as the court may deem appropriate.
The Site shall be governed by the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Virginia applicable to contracts entered into and to be wholly performed therein without regard to conflict of laws or choice of laws principles. By visiting and using the Site, you consent to the jurisdiction of the federal and state courts presiding in the Commonwealth of Virginia and you agree to accept service of process by mail. You hereby waive any and all jurisdictional and venue defenses that might otherwise be available.
Notwithstanding any other provision contained in these Terms and Conditions, in the event that the performance of any obligation of the Alliance for Women in Media is prevented due to acts of God, exchange controls, export or import controls, or any other government restriction, wars, hostilities, blockades, civil disturbances, revolutions, strikes, lockouts, or any other cause beyond the reasonable control of the Alliance for Women in Media, then the Alliance for Women in Media shall not be responsible to you for any failure or delay in the performance of its obligations. The Alliance for Women in Media shall promptly notify you of such force majeure condition. The terms of this clause shall not exempt, but merely suspend, the Alliance for Women in Media from its duty to perform until as soon as practicable after a force majeure condition ceases to exist.
The headings of each of these Terms and Conditions are for convenience of reference only. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
You may not assign your rights or obligations under this Agreement without the prior express written consent of the Alliance for Women in Media.
In the event that any portion of these Terms and Conditions is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention and the remainder of the provisions shall remain in full force and effect.
Any failure by the Alliance for Women in Media to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or right.
No changes to these Terms and Conditions shall be made except by a revised posting on this page, and no advice or other information provided by the Site or its representatives to any user in any manner which is not posted on this page will constitute any amendment of, waiver or change to these Terms and Conditions, unless such an amendment, waiver or change is in writing from an authorized officer or representative of the Alliance for Women in Media.
These Terms and Conditions constitute the entire agreement between you and us about the subject matter contained in these Terms and Conditions, and supersede all prior and contemporaneous agreements or other communications (written or oral) between you and us.
BY USING THE SITES, YOU SIGNIFY YOUR ASSENT TO THESE TERMS AND CONDITIONS AND ANY SUBSEQUENT MODIFICATIONS. AS A CONDITION OF YOUR USE OF THE SITES, YOU WARRANT THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL.
We would be happy to answer your questions or hear your concerns.
Last Updated: January 2011