Terms of Use

Terms of Use

HERdacity Terms Of Use

Effective as of May 12, 2017

Welcome to the HERdacity service (the “Service”). These Terms of Use, including as they may be amended from time to time, apply when you (“User”) view or use the Service, including via our website located at HERdacity.org (the “Site”), by way of your mobile device OR our application (the “App”), or otherwise. Please review the following provisions carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.

PRIVACY POLICY

Please refer to HERdacity’s Privacy Policy for information pertaining to how and whether The Anywhere Woman Project (hereinafter “HERdacity,” “we,” or “us”) collect, use, and/or disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE

The Service seeks to provide you with a place online that encourages women to be Positive, Perky, Feisty, and Edgy in their own lives! Our focus is on connections that move women forward and build each other up. Keeping it fun and forward thinking in a manner that allows women to speak their minds, to not accept the status quo, and to practice supporting other women.

Most site content is viewable to all visitors. Only registered Users can post comments, join campfires, and engage with other Users. Remember, it is free to register.

REGISTRATION: HERDACITY VALUES, USE OF THE SERVICE AND RULES FOR USER CONDUCT

You need to be at least 18 years of age and a female to register for and use the Service.

If you are a User who signs up for the Service, you agree to create a personalized account which includes a unique username and password to access the Service and to receive messages from HERdacity. You agree to notify us immediately by email at communitymanager@herdacity.org of any unauthorized use of your account. HERdacity is not responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account.

Permission to use the Service is conditioned upon your compliance with the HERdacity Values at all times. HERdacity reserves the right to remove any User Content from the Service at any time and in its sole discretion.

HERDACITY VALUES

Be Constructive.
We want to keep the posts and comments constructive, not argumentative or judgmental. Supporting and building up others adds value to us all. HERdacity is a place for encouragement and for kindred spirits to connect.

HERdacity is not a platform for polarizing and divisive topics such as political issues—so please do not post these. Building each other up is what we need to practice—separate and apart from our political beliefs or affiliations. Plus, there are plenty of other platforms to engage in those types of conversations.

Words have impact. Let’s use ours to create a community where we support one another’s daring and dreams.

Keep it Clean.
Posts should not contain profanity, spam, vulgarity, defamatory statements, long embedded URL strings, personal attacks, threats, or obscene, vulgar, lewd, racist or sexually-explicit language. Words have power. When in doubt, leave it out.

Maintain the Community in Support of Women.
This is a shared space for important discourse to inspire and empower women. Please use the “Flag” link on comments to let us know of any abusive posts or questionable accounts.

If you have any questions, please contact our Community Manager by email at communitymanager@herdacity.org. She would love to hear from you.

Your voice matters, share it!

The guidelines above are posted to help you understand the conduct that is expected of HERdacity Users who post and participate in discussions, as well as submit User Content to the site.

USE RESTRICTIONS

You agree that you will not under any circumstance:

  • Post any information that is abusive, threatening, obscene, defamatory, libelous, racist, sexually explicit, discriminatory, or otherwise objectionable or offensive;
  • Use the Service for any unlawful purpose or for the promotion of illegal activities;
  • Attempt to, or harass, abuse or harm another person or group;
  • Use another User’s account without permission or impersonate someone else;
  • Provide false or inaccurate information to HERdacity, including when registering an account;
  • Interfere or attempt to interfere with the proper functioning of the Service;
  • Make any automated use of the Service or Site, or take any action that could impose or potentially impose an unreasonable or disproportionately large load on our servers, network infrastructure, or other equipment;
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or to harvest or manipulate data; or
  • Publish, link to, or otherwise provide malicious content intended to damage or disrupt the Site, the Service, or any browser, computer, or device.

POSTING AND CONDUCT RESTRICTIONS

When you create your own personalized account, you will be able to provide content (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service or Site. You agree that we are only acting as a passive conduit for the online distribution and publication of your User Content. HERdacity, however, reserves all rights to remove any User Content from the Service at its sole discretion.

The following rules pertain to User Content. By using the Service, including by way of transmitting or submitting any User Content, you agree as follows:

  • You are solely responsible for your account and the activity that occurs while signed in to or using your account;
  • You will not use a forum to promote your product, service, or business;
  • You will not post information that is malicious, false, or inaccurate;
  • You will not submit content that is copyrighted or otherwise subject to proprietary rights (including, but not limited to, rights of confidentiality, or trademark, patent, trade secret, or other intellectual property rights) unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
  • You will not submit content that violates anyone’s privacy rights;
  • You will promptly take any action requested by HERdacity with regard to your User Content; and
  • You affirm that we have the right to remove any and/or all of your User Content and/or terminate your account with or without notice or cause.

You understand and agree that any liability, loss, or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. HERdacity is not responsible for any display, use, or misuse of your User Content, or for your display, use, or misuse of any User Content. HERdacity does not pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service. If you find a post that you believe violates our rules or is not appropriate, please flag it. We may monitor flagged posts as well as those who flag them.

ONLINE CONTENT DISCLAIMER

Opinions, advice, statements, offers, or other information or content made available by others through the Service are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. HERdacity does not guarantee the accuracy, completeness, or usefulness of any information on the Service or Site, and neither does HERdacity adopt or endorse, nor is HERdacity responsible for, the accuracy or reliability of any opinion, advice, or statement made by Users of the Service or others on the Site. HERdacity takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends via the Service or Site. Under no circumstances will HERdacity be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service or Site, or transmitted to Users.

You may be exposed to User Content that is inaccurate or objectionable. HERdacity has the right, but not the obligation, to monitor the materials posted via the Service, to limit or deny a User’s access to the Service, and to take other appropriate action if a User violates these Terms of Use or engages in any activity that violates any right of any person or entity or which we deem to be actually or potentially unlawful, offensive, abusive, harmful, inappropriate, or malicious. HERdacity has the right to remove, modify, block, or otherwise manipulate any material on the Site, including, but not limited to, any material that in its sole discretion does or may violate any law or this agreement, or which might be offensive, or that might violate any right of, harm, or threaten the safety of, any User or other person.

Unauthorized use of the Service or Site may result in criminal and/or civil prosecution under Federal, State, local or other law. If you become aware of any misuse of our Service, please contact us at feedback@herdacity.org. You may also flag any posts that seem inappropriate or in violation of these Terms of Use.

HERdacity reserves the right to remove any post for any reason. We’d like to keep removal of posts to a minimum, but we will take action to keep our forums welcoming and conducive to helpful discussion should we determine, in our sole discretion, that any such action is warranted.

LINKS TO OTHER SITES AND/OR MATERIALS

As part of the Service, HERdacity may provide you with links to third party website(s) (“Third Party Sites”) or content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service Users. HERdacity has no control over Third Party Sites or Third Party Applications, Software or Content, or over the promotions, materials, information, goods or services available on or by way of these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content likely are not investigated, monitored or checked for accuracy, appropriateness, or completeness by HERdacity, and HERdacity is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, inaccuracy, offensiveness, opinions, reliability, unreliability, privacy practices, or other practices or policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by HERdacity. If you leave the Site, access a Third Party Site, or use or install any Third Party Applications, Software or Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate or relating to any application you use or install.

COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT

Termination of Repeat Infringer Accounts. HERdacity respects the intellectual property rights of others and requests that Users do the same. Pursuant to Section 512(i) of the United States Copyright Act, 17 U.S.C. § 512(i), HERdacity has adopted and implemented a policy that provides for the termination in appropriate circumstances of Users of the Service who are repeat infringers. HERdacity may terminate access for participants or Users who are found repeatedly to provide or post protected third party content without appropriate rights or permissions.

DMCA

Digital Millennium Copyright Act

  1. If you are a copyright owner or an agent of a copyright owner and believe that any Content infringes your copyright, you can notify us pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our designated Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
    • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

You may direct your DMCA notification to our designated Agent at: Community Manager, P.O. Box 160956, Austin, TX, 78716, (512) 329-5780, communitymanager@herdacity.org. Only DMCA notices should go to the Agent; any other communications should be directed elsewhere. Your DMCA notice may not be valid if it does not comply with the requirements of the Copyright Act.

  1. Counter-Notice. If your Content was removed or disabled and you believe it does not infringe the rights of a DMCA complainant, or that you have permission from the necessary parties to use the material complained of in your Content, you can send a counter-notice to us via the Agent that includes at least the following items:
    • Your signature (physical or electronic);
    • Identification of the Content and its location on the Site;
    • A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
    • Your contact information, including at least your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Austin, TX, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Agent, HERdacity may forward it to the complainant and inform them that it may restore the Content to the Site within a certain time period, such as ten days, and that such a restoration may take place within such a time period unless HERdacity is first notified that a lawsuit has been filed against the provider of the Content and provided with a copy of the corresponding complaint or other legal documentation.

LICENSE GRANT

You grant, and you represent and warrant that you have a right to grant, to HERdacity a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to copy, use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all your User Content, including your name, voice and/or likeness as contained in your User Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service or Site.

VISITORS FROM OUTSIDE THE UNITED STATES

HERdacity’s headquarters is located in the United States. If you visit the Service or Site from another country, please be aware that information you provide or that the Service obtains may be processed in and transferred to the United States and/or subject to U.S. law. U.S. privacy, data protection, or other laws may differ from the laws in your country. By using the Service or Site, or providing HERdacity with information, you consent to the collection, transfer, storage, and processing of information to and in the United States.

INTELLECTUAL PROPERTY

You acknowledge and agree that we and our licensors retain ownership of all respective intellectual property rights of any kind related to the Service or Site, including copyrights, trademark rights, patent rights, and other proprietary rights. Some identifiers of source mentioned on the Service or Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this agreement.

EMAIL MAY NOT BE USED TO PROVIDE NOTICE

Communications made through the Service’s email or messaging system will not constitute legal notice to HERdacity or any of its officers, employees, agents or representatives in any situation where notice to HERdacity is required by contract or any law or regulation.

USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM

You (a) consent to receive communications from HERdacity (and/or any third party communication service it might use) in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications so received constitute notice to the full extent allowed by law, including for purposes of contract and service of process. The foregoing does not affect any non-waivable rights you may have.

We may also use your email address to send you other messages, including information about HERdacity, its partners or affiliates, and special offers. If you do not wish to receive these emails, please click on the appropriate link that appears in the footer of the message or send us an email with OPT OUT in the subject line to info@herdacity.org.

Opting out may prevent you from receiving messages regarding HERdacity or special offers.

WARRANTY DISCLAIMER

THE SERVICE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, HERDACITY EXPRESSLY DISCLAIMS ALL WARRANTIES TO THE FULL EXTENT ALLOWED BY LAW, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, AND AGAINST INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HERDACITY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED VIA THE SERVICE.

LIMITATION OF DAMAGES; RELEASE

IN NO EVENT SHALL HERDACITY, ITS AFFILIATES OR PARTNERS, OR THE OFFICERS, DIRECTORS, AGENTS, ATTORNEYS, OR EMPLOYEES OF ANY OF THEM, BE LIABLE TO YOU FOR ANY LOSS OF MONEY, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR SITE; (C) THE SERVICE OR SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE OR SITE AVAILABLE; OR (D) ANY OTHER INTERACTION WITH HERDACITY OR ANY OTHER USER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY OR CLAIM, WHETHER OR NOT HERDACITY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF ANY REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

YOU RELEASE US (INCLUDING OUR OFFICERS, DIRECTORS, AGENTS, ATTORNEYS AND EMPLOYEES, AS WELL AS OUR PARENTS, SUBSIDIARIES AND OTHER AFFILIATES, AND THE OFFICERS, DIRECTORS, AGENTS, ATTORNEYS AND EMPLOYEES OF EACH OF THEM) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, BOTH KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE OR DISAGREEMENT YOU MAY HAVE WITH ANY PERSON OR ENTITY YOU POST ABOUT USING THE SERVICE. YOU WAIVE CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), WHICH READS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” YOU REPRESENT THAT YOU FULLY UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF YOUR WAIVER OF CALIFORNIA CIVIL CODE § 1542 (AND ALL SIMILAR LAWS OF ANY STATE OR TERRITORY OF THE UNITED STATES), AND YOU ASSUME FULL RESPONSIBILITY FOR ANY FUTURE INJURIES, DAMAGES OR LOSSES THAT MAY ARISE.

MODIFICATION OF TERMS OF USE

HERdacity has the right, but not the obligation, to amend these Terms of Use at any time. It is your sole responsibility to check the Site and review any such amendments. If you use the Service, you signify your agreement to the Terms of Use in the form in which they exist at that time. If the Terms of Use change, they typically will be posted on the Site within a reasonable time. We may send an email to the email address you provided to us upon registration. You should keep your contact and profile information current. No waiver of HERdacity’s rights shall be valid or effective unless embodied in a written agreement bearing the physical signature of an officer of HERdacity. You cannot amend or modify the Terms of Use by email. Any purported waiver, modification, or amendment of any portion of the Terms of Use via oral or email communication is void.

GENERAL TERMS

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be reformed or replaced by a valid provision so to achieve as nearly as possible the same effect as the original provision or, if that is not possible, shall be deemed to be severed from the agreement.

Any failure on the part of HERdacity to enforce any provision of this agreement will not constitute a waiver of the right to enforce such provision. Our rights under this agreement will survive any termination of this agreement.

You agree that any cause of action related to or arising out of your relationship with HERdacity must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

THIS AGREEMENT SHALL BE GOVERNED, INTERPRETED AND CONSTRUED BY AND IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS. YOU HEREBY STIPULATE AND AGREE THAT ANY SUIT OR PROCEEDING BROUGHT TO ENFORCE ANY OBLIGATION OR COVENANT UNDER THIS AGREEMENT SHALL BE BROUGHT EXCLUSIVELY IN A COURT OF COMPETENT JURISDICTION IN TRAVIS COUNTY, TEXAS AND YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION OF SUCH COURTS.

HERdacity may assign or delegate any right or obligation under the Terms of Use and/or HERdacity’s Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any right or obligation under the Terms of Use or Privacy Policy without HERdacity’s prior written consent, and any such unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF USE AND PRIVACY POLICY, AND YOU AGREE TO BE BOUND THEREBY. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE TERMS OF USE AND PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE AGREEMENT BETWEEN HERDACITY AND YOU AND SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.