Terms Of Use
Effective Date These Terms of Use are effective as of August 1, 2015.
I. General
These Terms of Use, and our Privacy Policy, as each is amended from time to time, as well as all any other rules and restrictions set forth on this website, apply to you when you view, access or otherwise use the website located at http://subdued-sponge.flywheelsites.com and our related online communications, collectively known as “The website.” The Website is owned and operated by Woman Within UK, and for the purposes of these Terms of Use, the terms “we,” “us” and “our” refer to Woman Within UK. “You” refers to you, as a user of the website. By accessing or using the website, you are acknowledging that you have read, understand, and agree without limitation or qualification to be bound by these Terms of Use. If you do not agree with these Terms of Use, you do not have the right to access or otherwise use the website and, accordingly, you should not do so.
Woman Within UK reserves the right to change these Terms of Use at any time by posting a revised copy of the Terms of Use on the website, and you agree that each visit to the website shall be subject to the current Terms of Use. Accordingly, you should check these Terms of Use periodically for changes prior to using the website.
By accepting these Terms of Use and continuing to use the website, you acknowledge and agree that your command of English (or such other language if these Terms of Use are being provided to you by Woman Within UK in another language) is sufficient to understand the terms and conditions set forth in these Terms of Use.
II. Privacy Policy
In addition to these Terms of Use, your use of and access to the website is also subject to our Privacy Policy, which is incorporated by reference herein. Our Privacy Policy contains additional terms relating to our potential collection, use and disclosure of your personal information. You agree that you have read, agreed to and understand Woman Within’s complete Privacy Policy.
III. Use of the website and its content
(a) License to use the websites
We grant you a nonexclusive, nontransferable, limited right to access, use and display the website and the copyrighted materials (including but not limited to photographs, graphics, and logos), trademarks and other proprietary information provided on the website (“website content”), provided that you comply fully with these Terms of Use. You agree to use the website and the website content only for lawful, personal, non-commercial, and informational purposes. Except as otherwise permitted herein, you may not reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, post or in any way exploit the website or the website content in any manner or for any purpose.
(b) Website Accounts Certain areas of the website are accessible only by entering a validly issued username and password. You may not access any password-protected areas of the website without proper authorisation. In the event that you have been issued a valid username and password, you acknowledge and agree that Woman Within UK has granted you limited access to specific information or materials relating to your account solely for your lawful, personal, non-commercial, and informational purposes. The material in the password protected areas is confidential to Woman Within UK members only. By accessing the password-protected areas of the website, you agree to maintain this confidentiality. Requests to share confidential information may be directed to info@womanwithin.org.uk. You should take reasonable steps to protect the confidentiality of your username and password, and you should immediately notify Woman Within UK if you become aware of any disclosure, loss, theft or unauthorised use of your username or password. Woman Within UK will not be liable for any loss or damage arising from your failure to comply with this Section III(b).
(c) Copyright Protection The website (including all website content contained on the website) is protected by copyright as a collective work under UK intellectual property laws, and is owned or controlled by, or licensed to, Woman Within UK or the party listed as the provider of the applicable website content. UNAUTHORISED COPYING, REPRODUCTION, DISTRIBUTION, MODIFICATION, COPYING, PUBLISHING, DISPLAY, ADAPTING, UPLOADING, CREATING DERIVATIVE WORKS, POSTING, OR TRANSMITTING OF ANY OF THE WEBSITE CONTENT IS PROHIBITED. You may download any downloadable website content only for lawful, personal, noncommercial and informational purposes, provided that such downloadable website content is also subject to the terms of this Section III, and provided further that you maintain and abide by all copyright, trademark and other notices contained in such website content, or if none, you abide by the following copyright and trademark notice with respect to such downloaded materials:
© 2015 Woman Within UK / Transitions Europe Limited. The Woman Within and Transitions Europe logos and all associated trademarks and logos used herein are trademarks of Woman Within UK and Transitions Europe Limited. Other company and product names used herein are properties of their respective owners. All rights reserved.
(d) Trademarks “Woman Within UK”, “Woman Within Weekend”, and “Woman Within Circles”, and other marks, product names and company names appearing on the website, are trademarks and service marks of Woman Within UK /Transitions Europe and Woman Within International Ltd. and/or their respective owners and licensors, and are protected by law. They may be used publicly only with permission from Woman Within UK or Woman Within International Ltd. Fair use of the trademarks and service marks requires proper acknowledgment in accordance with the above copyright and trademark notice.
(e) Accuracy of Information Woman Within UKk strives to provide accurate and complete information about its business and its activities, and to provide updated information on the website; however, Woman Within UK does not warrant that any information on the website is complete or free from error.
(f) Links to Other Websites and/or Materials Links may appear on the website that may be used to link to third party website(s) (“linked websites”). These links are provided solely as a courtesy to our website visitors. Woman Within UK reserves the right to add, change, decline or remove any link at any time. Woman Within UK has no control over linked websites or the materials, information, goods or services available or contained on these linked websites and provides no warranty or endorsement with respect thereto. If you decide to access any of the linked websites, you do so entirely at your own risk.
IV. Online Payments
To make online donations or submit payments for any products or services offered by Woman Within UK via the website, you must submit all necessary contact and payment information. By making an online donation or payment via the website, you represent that any such information supplied by you to Woman Within UK is complete, accurate and true. You must be 18 years of age or older to make online donations or other forms of payment. By making an online donation or payment you also represent that you have legal authority to enter into the conditions of use for the website, including, without limitation, authoriszing Woman Within UK or its authoriszed vendors to collect any and all payments from a credit or debit card and to use the website in accordance with these Terms of Use.
Billing to your credit or debit card occurs at the time that you submit your payment information via the website, or shortly thereafter. You acknowledge that you are responsible for all charges incurred by your use of the website and you expressly authorisze Woman Within UK to charge your credit or debit card for any online donations or payments submitted by you via the website.
V. User Content
From time to time, Woman Within UK may provide you with the opportunity to post certain information, data, text, music, sounds, photographs, graphics, videos, messages or other materials including but not limited to comments on our products, facts, advice, “tips”, testimonials and opinions (collectively, “User Content”), in or otherwise using Public Communications Features (as defined in our Privacy Policy) available to you through the website from time to time.
Subject to our Privacy Policy, all User Content that you post on the website will be treated as non-confidential and non-proprietary to you and may be viewed by you and/or other users of the website, and you hereby grant Woman Within UK the non-exclusive, royalty-free, unrestricted, world-wide, perpetual, irrevocable, and fully transferable, assignable, sub-licensable right and license to reproduce, distribute, modify, copy, publish, display, transmit, adapt, upload, create derivative works of, or post such User Content (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed for any purpose. You agree that you are solely responsible for your User Content. You acknowledge and agree that User Content you view or post on the website is posted, viewed and used by you at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such User Content. You acknowledge that we do not screen, monitor, review, or edit the User Content posted by you and other users on the website. However, we have the right (but not the obligation) at our sole discretion to modify, refuse or remove any User Content, in whole or in part, that, in our judgment, does not comply with these Terms of Use or is otherwise undesirable, inappropriate, or inaccurate.
For the avoidance of doubt, this section applies only to User Content posted via Public Communications Features, and does not apply to submissions from users which are contributed to Woman Within UK newsletter. All such submissions are pre-approved by Woman Within UK.
VI. Prohibited Actions
Without limiting anything contained in Section V, you agree that you will not: (i) transmit any User Content that is unlawful, false, misleading, harmful, threatening, embarrassing, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, invasive of another’s privacy, hateful, or contains explicit or graphic descriptions or accounts of sexual or violent acts; (ii) transmit any User Content that victimiszes, harasses, degrades, or intimidates an individual or group of individuals on the basis of any impermissible classification; (iii) transmit any User Content that infringes any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; (iv) transmit any User Content that you do not have a right to transmit under any law or under any contractual or fiduciary relationship; (v) transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the website; (vi) interfere with or disrupt the website or servers or networks linked to the website, or disobey any requirements, procedures, policies, or regulations of networks linked to the website; (vii) violate any applicable local, state, national, or international law; (viii) transmit any User Content, or take any other actions with respect to your use of the website, that would constitute, or would otherwise encourage, criminal conduct or conduct that could give rise to civil liability; (ix) use the website for commercial purposes without our prior written consent; (x) solicit other guests of the website to become members of any commercial on-line service or other group or organiszation without first obtaining our express written consent; or (xi) use information, email addresses, or data from our collective databases for promotion of events or services without prior written consent.
VII. Disclaimers and limitation of liability
USE OF THE WEBSITES AND WEBSITE CONTENT IS AT YOUR OWN RISK AND THE WEBSITE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WOMAN WITHIN UK, NOR ANY OF ITS AFFILIATES, CONTENT OR SERVICE PROVIDERS, NOR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (THE “WOMAN WITHIN UK PARTIES”), MAKES ANY WARRANTY WHATSOEVER, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, NON-INFRINGEMENT, OR THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; PROVIDED THAT THIS LIMITATION SHALL NOT APPLY TO WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS OF USE.
TO THE EXTENT PERMITTED BY LAW, THE WOMAN WITHIN UK PARTIES WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE WEBSITE, OR THE BREACH OF ANY REPRESENTATION OR WARRANTY, WHETHER AS A BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES, WITHOUT LIMITATION, TO ANY INJURY OR DAMAGE RESULTING FROM ANY MISTAKES, INTERRUPTION, OMISSION, DELETION OR OTHER DATA LOSS, DEFECT, DELAY IN OPERATION OR TRANSMISSION, FAILURE OF PERFORMANCE, COMPUTER VIRUS, FILE CORRUPTION, NETWORK OR SYSTEM OUTAGE, COMMUNICATION-LINE FAILURE, OR THEFT, DESTRUCTION, UNAUTHORISZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD.
Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions the above limitations and exclusions may not apply to you. In such jurisdictions the Woman Within UK parties’ liability is limited to the extent permitted by law, thereby minimizing the Woman Within UK parties’ liability to you to the lowest amount permitted by applicable law.
VIII. Dispute Resolution
If a dispute arises out of these Terms of Use, you and Woman Within UK agree to use good faith efforts to resolve the dispute amicably. If the attempt to resolve the dispute amicably is unsuccessful, you and Woman Within UKk agree to attempt resolution through mediation. The mediation process may be initiated upon thirty (30) days’ prior written notice to the other party. Mediation shall occur in London, England. The costs of mediation shall be shared equally by both parties. Mediation shall be completed within fifteen (15) days of commencement, unless both parties agree to extend the mediation period or unless the mediator declares both parties to be at an impasse. However, if at any time Woman Within UK believes that immediate injunctive relief is required to protect its rights, Woman Within UK may invoke the immediate powers of the appropriate court of law without first mediating the dispute.
IX. Miscellaneous
(a) Governing Law and Jurisdictional Issues This Agreement is governed in all respects by the substantive laws of the United Kingdom. The UN Convention on Contracts for the International Sale of Goods is expressly disclaimed. The website is controlled and operated from Woman Within UK’s offices at (address). You may not use or export any of the website materials in violation of UK export laws and regulations.
(b) Suggestions and Feedback Woman Within UK welcomes feedback, testimonials or inquiries about our services or our organiszation. Any unsolicited suggestions will be treated as non-confidential and non-proprietary. Any and all rights to materials and ideas submitted to us become the exclusive property of Woman Within UK.
(c) Interpretation and Entire Agreement These terms and conditions, together with our Privacy Policy, form the complete and exclusive agreement between you and Woman Within UK, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between you and Woman Within UK relating to the subject products. This agreement may not be explained or supplemented by any prior course of dealings or trade by custom or usage. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not affect the interpretation of these Terms of Use. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
(d) Contact Us If you have any questions, comments or concerns regarding about these Terms of Use and/or the website, please send an email to info@wWomanwWithin.org.ukUK.
Updated August, 2015
