This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the WSF and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
WSF reserves the right, at its discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check these Terms and Conditions periodically for changes. Your continued use of this Website following the posting of changes to these Terms and Conditions will mean you accept those changes. We may use third parties for certain services, including, for example, payment processing, and they may have separate terms that apply.
Ownership and Restrictions on Use of Materials
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by WSF, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. Nothing in these Terms and Conditions transfers to you any right, title or interest in the Website or its contents, features or functionality. Images, illustrations, designs, icons, photographs, video clips, and written and other materials contained on the Website are referred to herein collectively as the “Content”.
The Content of the Website is intended solely for personal, noncommercial (other than for the purchase of merchandise from our Website) use by the users of our Website. You may view, copy, and print the Content displayed on this Website subject to the following conditions:
(i) you use the material for noncommercial use only,
(ii) you keep intact all copyright, trademark and other proprietary notices,
(iii) you make no modifications to any materials,
(iv) you do not use the materials in a manner that suggests an association with any of our products, services, or brands, and
(v) you do not download quantities of materials to a database that can be used to avoid future downloads from the Website.
For purposes of these Terms and Conditions, the use of any such material on any other website or computer environment is prohibited. No right, title, or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Content.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by WSF. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark and other laws.
Registration and Account Security
Certain features of the Website provide you with the option of setting up a subscription account for which you will receive a user ID and password. User IDs and passwords are confidential and proprietary, and your user ID, password, and access are only for your use. It is a violation of these Terms and Conditions for you to: (a) provide any false personal information on the Website or create an account for anyone other than yourself without permission, (b) create another account without our permission if we disable your account, (c) do anything else that might jeopardize the security of your account; (d) share your user ID or password or account access, or (e) create more than one personal account. You are solely responsible for any unauthorized use of your user ID, password, and access.
Copyright and Trademark Information
WSF has the sole and exclusive right to have and use all service marks, trademarks, emblems, badges, descriptive or designating marks, and other words now or heretofore used in carrying out its objectives (hereinafter collectively identified as the “Intellectual Property”). You must not use such Intellectual Property without the prior written consent of WSF.
All other trademarks, logos, product and service names and slogans displayed on this Website or through links to other sites are the property and trademarks of their respective owners.
User Prohibited Conduct
You may not attempt to gain unauthorized access to any portion or feature of the website or any other systems or networks connected to the Website or server, or to any of the services offered on or through the Website, by hacking, password “mining,” or any other illegitimate means.
You may not probe, scan, or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look up, trace, or seek to trace any information on any other user of or visitor to the Website, or any WSF subscriber or individual associated with WSF, to its source, or exploit the Website or any service or information made available or offered by or through the Website, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Website.
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
To send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these Terms and Conditions.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
To impersonate or attempt to impersonate WSF, an employee of WSF, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm WSF or users of the Website or expose them to liability.
Additionally, you agree not to:
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
Use any device, software or routine that interferes with the proper working of the Website.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
Reporting of Abusive, Unlawful Submissions or Content, or Other Submissions, Content, or Activity that Violate These Terms
If you have knowledge of abusive, infringing, or otherwise unlawful Submissions or other content on this Website or other unlawful or abusive conduct associated this Website, we want to know. Please send an email to [INSERT EMAIL ADDRESS] describing the content or conduct in detail, including the web address where the content is found and the date and time viewed, and we will investigate removing this material from the Website.
Claims Regarding Copyright Infringements
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), WSF has implemented procedures for receiving written notification of claimed copyright infringement for content, including content posted by users in interactive portions (if any) of the Website (“Submissions” or “User-Provided Content”) governed by these Terms and Conditions. We also have designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit a notice to email@example.com. To be effective, a notice must be a written communication provided to WSF’s copyright agent and must contain:
(1) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
(2) A description of the copyrighted work that you claim has been infringed;
(3) A description specifying the location of the material that you claim is infringing;
(4) Your telephone number and email address;
(5) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(6) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
You acknowledge that failure to meet the elements above will not be a valid notice and WSF may not consider your request.
Our designated copyright agent for notice of alleged copyright infringement appearing on the website is: firstname.lastname@example.org, Attention: Marketing & Communications Dept.].
Disclaimer Of Warranties
You understand that WSF cannot and does not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. WSF WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NONE OF WSF, ITS MEMBERS, AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ADVISORS OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH WSF (EACH A “WSF PARTY” AND COLLECTIVELY, THE “WSF PARTIES”), MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NO WSF PARTY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.
THE CONTENT PROVIDED ON THIS WEBSITE IS PROVIDED AS A SERVICE TO MEMBERS OF THE PUBLIC. INFORMATION PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. NONE OF WSF PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT.
YOU SPECIFICALLY ACKNOWLEDGE THAT WSF SHALL NOT BE LIABLE FOR USER CONTRIBUTIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THIS WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED SOLELY BY YOU. FOR PURPOSES OF CLARITY, EACH OF THE WSF PARTIES EXPRESSLY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR AND ANY DIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY FROM (I) RELIANCE ON THE INFORMATION CONTAINED ON THE WEBSITE, (II) ANY ERROR, OMISSION OR INACCURACY IN SUCH INFORMATION AND (III) ANY ACTION RESULTING THEREFROM.
NONE OF WSF PARTIES MAKES ANY, AND EACH FOUNDATION PARTY HEREBY SPECIFICALLY DISCLAIMS ANY, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THIS WEBSITE, ANY CONTENT OR ANY OF THE INVESTEES OR GRANTEES DESCRIBED HEREIN, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation On Liability
IN NO EVENT WILL THE WSF PARTIES, THEIR AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, ADVISORS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Information on the Website is provided with the understanding that WSF is not rendering professional advice or recommendations. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs. WSF also reserves the right to do any of the following, at any time, without notice: (1) modify, suspend, or terminate operation of or access to the Website or any portion of the Website, for any reason; (2) modify or change the Website or any portion of the Website; and (3) interrupt the operation of the Website or any portion of the Website as necessary to perform routine or non-routine maintenance, error correction, or other changes.
The material in this Website could include technical inaccuracies, typographical errors, or omissions. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice.
WSF is not responsible, or liable to any third party for the content or accuracy of any user contributions posted on the Website.
Links To Other Websites And Services
This Website may be linked to other sites and services that are not maintained by WSF. We are not responsible for the content of those sites. The inclusion of any link to such sites does not imply endorsement or affiliation.
This publication is distributed internationally and may contain references to programs, products, and services that are not available in your country, state, or particular location. These references do not imply that WSF intends to announce or provide programs, products, or services in your country, state, or particular location.
Unless otherwise specified, the Content on the Website is presented solely for these purposes of promoting programs, products, services, and other content available in the United States and its territories, possessions, and protectorates. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
These Terms and Conditions will be governed and interpreted pursuant to the laws of the State of New York, United States of America, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions or your use of this Website shall be filed only in a federal or state courts located in the Southern District of New York. You agree to the personal jurisdiction by and venue in the state and federal courts in New York and waive any objection to such jurisdiction or venue. Notwithstanding the foregoing, at WSF’s sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
Any claim under these Terms and Conditions against WSF must be brought within one (1) year after the cause of action arises, or such claim or cause of action is permanently barred.
If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions and such severable part shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms and Conditions, so that these Terms and Conditions shall remain in full force and effect.
Monitoring and Enforcement; Termination
WSF has the right to:
Remove or refuse to post any user contributions for any or no reason in its sole discretion.
Take any action with respect to any user contribution as it deems necessary or appropriate in its sole discretion, including if we believe that such user contribution violates the Terms and Conditions, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for WSF.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Possible evidence of use of this Website for illegal purposes will be provided to law enforcement authorities.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS WSF, ITS AFFILIATES, LICENSEES, SERVICE PROVIDERS, AGENTS AND ADVISORS AND THE OTHER WSF PARTIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, WSF does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, WSF assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. WSF has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
This is the entire agreement between the parties relating to the use of the Website.
WSF IS PERMITTED TO REVISE THESE TERMS AND CONDITIONS AT ANY TIME BY UPDATING THIS POSTING.
You agree to defend, indemnify and hold harmless WSF, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, advisors, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to (a) your violation of these Terms and Conditions including any representations or warranties herein or your use of the Website, including, but not limited to, your user contributions, (b) any use of the Website’s content, services and products other than as expressly authorized in these Terms and Conditions, (c) your use of any information obtained from the Website, (d) the use of the Website or the internet or your placement or transmission of any message or information on this Website by you or your authorized users; (e) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (f) your violation of any law, rule or regulation of the United States or any other country; (g) any claim or damages that arise as a result of any user contributions that you provide to WSF; or (f) any other party’s access to and use of the Website with your unique username, password or other appropriate security code.
Special Provisions Applicable to Users Outside the United States
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with WSF outside the United States:
You consent to having your personal data transferred to and processed in the United States.
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department’s list of Specially Designated Nationals you will not engage in commercial activities on the Website (such as advertising or payments).
These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website and destroying all Content obtained from the Website and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. WSF may terminate at any time your access to the Website without notice for any reason or no reason, including if in our sole discretion you fail to comply with any term or provision of these Terms and Conditions. Upon termination, you must cease use of the Website and destroy all Content obtained from the Website and all copies thereof, whether made under these terms or otherwise. You agree that WSF will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms and Conditions. The Sections entitled “Copyright and Trademark Information”, “Disclaimer of Warranties”, “Limitation of Liability”, “Inaccuracy Disclaimer”, “General Provisions” “Indemnification” and “Ownership and Restrictions On Use of Materials” shall survive any such termination.
How to Contact Us
Please see contact information in the relevant sections above regarding reporting copyright infringement or other unlawful content. If you have any comments or questions regarding our Terms and Conditions generally, you can contact us at:
Women’s Sports Foundation
247 West 30th Street, 5th Floor
New York, NY 10001
toll-free: 800.227.3988 (U.S. only)