Terms and Conditions

These Terms and Conditions apply to the website located at the URL http://shesamovementmediagroup.com and/or other websites owned and/or controlled by She’s A Movement Media Group as well as via web properties (including, without limitation, widgets, web gadgets, html links, etc.) that can be accessed by users via third-party websites and any successor thereto and all other web pages interconnected with and forming a part of such websites and properties including, without limitation, the home page, splash page, and all other sub-pages under the same top-level domain name and all content thereon (collectively, the “Site”).

 

This Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Site constitutes your agreement to all such terms, conditions and notices.

 

Modifications:  She’s A Movement Media Group (“Company”) reserves the right to change, modify or amend these Terms and Conditions from time to time and at any time without notice to you, by posting such changes on the Site.  You are responsible for regularly reviewing these Terms and Conditions and additional terms posted on this Site.  Your continued use of this Site constitutes your agreement to all such modified terms, conditions, and notices.

 

Privacy:  See the Privacy Policy for disclosures relating to the collection and use of your personally identifiable information. You acknowledge and agree that you are solely responsible for the accuracy and content of any and all information you submit when using this Site.

Proprietary Rights: As between you and Company, Company is the owner and/or authorized user of any trademark, and/or service mark appearing on the Site, and are the copyright owner or licensee of the content and/or information on the Site, unless otherwise indicated.  Except as otherwise provided herein, use of the Site does not grant to you any right or license to any content, features or materials you may access on the Site. Any commercial use of the Site is strictly prohibited, except as expressly allowed herein or otherwise approved by Company in writing. You may not copy, reproduce, distribute, republish, post, download, transmit or save a copy of any of the content or screens except as otherwise provided in these Terms and Conditions, for any purpose.  If you use the Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. We do not grant any right or license or other authorization to any visitor or user of our trademarks, service marks, other copyrightable material or any other intellectual property, by including them on the Site. Except as otherwise expressly permitted herein, you may not upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto.

Submissions:  Unless specifically requested in writing, Company does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by e-mail, or in any other way. Please do not submit any materials to Company via any of the foregoing means. Any information or material submitted or sent to Company will be deemed not to be confidential or secret. You agree and acknowledge that by using this Site, any and all communications and/or information transmitted by you to or through the Site will not be treated as confidential or proprietary.

User Conduct: You warrant and agree that, while visiting or using the Site, you shall not upload, post or transmit to or distribute or otherwise publish through the Site any materials that: (a) are protected by copyright, or other proprietary or intellectual property right, or derivative works with respect thereto, except as provided herein or without first obtaining written permission from us or the copyright owner; (b) are unlawful, threatening, harassing, profane, tortious, defamatory, vulgar, obscene, libelous, deceptive, fraudulent, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), invasive of another’s privacy, or hateful, (c) restrict or inhibit any other user from using and enjoying the Site, (d) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability, or (e) contain a virus or other harmful component, advertising of any kind, or false or misleading indications of origin or statements of fact. You also warrant and agree that you shall not: (i) impersonate, or misrepresent your affiliation with any other person or entity; (ii) upload, post, publish, transmit, reproduce, distribute or in any way exploit any information or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information or other material); (iii) engage in spamming or flooding; or (iv) attempt to gain unauthorized access to other computer systems through the Site.

No Monitoring:  We have no obligation to monitor any content on or through the Site and we assume no obligation. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless it is in accordance with our privacy policy. We reserve the right to refuse to post or to remove any information or materials, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and Conditions.

No Advice:  The content contained on the Site has been prepared by Company as a service to its readers and the Internet community and is not intended to constitute trade or any other professional advice.  We have used commercially reasonable efforts in collecting, preparing and providing this information and material, but do not warrant or guarantee the accuracy, completeness, adequacy or currency of the information contained on or linked to the Web site.  THOSE WHO USE INFORMATION FROM THIS SITE OR LINKS DO SO AT THEIR OWN RISK.

Indemnity:  You agree to defend, indemnify and hold Company, its directors, officers, employees, agents and affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site or the placement or transmission of any message, information, content, software or other materials through the Site by you.

Termination of Access:  THE COMPANY RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME, WITH OR WITHOUT NOTICE.

DISCLAIMER OF WARRANTIES: THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  COMPANY DOES NOT WARRANT THAT THE SITE OR THE FUNCTIONS, FEATURES OR CONTENT CONTAINED THEREIN WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, THAT THE CONTENT WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT DEFECTS WILL BE CORRECTED. COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

LIMITATION OF LIABILITY: BY VISITING OR USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL COMPANY OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOST BUSINESS OR LOST SALES, EVEN IF COMPANY OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL COMPANY BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE.

Links from and to the Site: You acknowledge and agree that we have no responsibility for the accuracy or availability of information provided by Internet sites to which you may link from the Site (“Linked Sites“). Links to Linked Sites do not constitute an endorsement by or association with Company of such sites or the content, products, advertising or other materials presented on such sites. Company does not author, edit, or monitor these Linked Sites. You acknowledge and agree that Company is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such Linked Sites. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

No Endorsement:  Reference to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not imply its endorsement, sponsorship, or recommendation by us.

Other Countries:  We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.  The Company makes no claims that the content of this Site is appropriate outside of the United States.  If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.

Miscellaneous: If any provision of the Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of any such provision shall not effect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.  No waiver of any provision of the Terms and Conditions shall be deemed a further or continuing waiver of any such provision or any other provision.  The Terms and Conditions and the relationship between you and Company shall be governed by the laws of the State of Georgia, without regard to its conflict of law provisions. You and Company agree that any cause of action that may arise under this Agreement shall be commenced and be heard in the appropriate court in the State of Georgia, County of Fulton. You agree to submit to the personal and exclusive jurisdiction of the courts located within Fulton County in the State of Georgia.

 

Terms and Conditions:  As of July 1, 2016. ATL 18,358,448v1 7-1-16