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WOA.TV :: THE WOMEN OF ACTION NETWORK USER AGREEMENT

Important Notice to woa.tv :: The Women of Action Network Website Users:

By entering the woa.tv :: The Women of Action Network Website and using its resources, you are agreeing to be bound by the following Terms and Conditions, including the Privacy Policy set forth below.

If you do not wish to be bound by these Terms and Conditions, please exit woa.tv immediately.

Terms and Conditions of Use

Contract: This User Agreement ("Agreement") is a contract between you and Women of Action Media, LLC, a California limited liability company ("WOA"), owner and operator of the woa.tv :: The Women of Action Network website located at http://www.woa.tv ("Website"), and applies to your use of content, products, services and other resources available through the Website (collectively, the "Resources"). If you do not agree to be bound by the Terms and Conditions of Use, please do not access or use the Resources, and please exit the Website immediately.

You must read, agree with and accept all of the Terms and Conditions contained in this Agreement before you may enter the WOA Website and use the Resources.

We may amend this Agreement at any time by posting the amended terms on our Website. Except as stated below, all amended terms shall be effective immediately upon posting on our Website. Upcoming changes will be posted on the Agreement Updates page, which is accessible by hyperlink from the home page of our Website.

In this Agreement, "you" or "your" will refer to any person or entity using the Resources pursuant to the Terms and Conditions of this Agreement (each one a "User"; collectively, "Users"). Unless otherwise stated, "WOA," "we" or "our" will each refer to Women of Action Media, LLC, a California limited liability company.

READ THE FOLLOWING NOTICES, DISCLAIMERS AND OTHER TERMS AND CONDITIONS IN THIS AGREEMENT CAREFULLY BEFORE ENTERING AND/OR USING THE WEBSITE.

PRIVACY POLICY

No Personal Data Collected, Used or Shared: WOA does not collect, use, share, sell or trade personal data about you. Records of your visits to and your use of the Website are maintained for statistical purposes only.

Confidentiality of User Communications: Except as required by law, and subject to the Terms and Conditions set forth in this Agreement, WOA will use its reasonable best efforts to maintain the confidentiality of all User communications which contain personal User information and which are transmitted directly to WOA. Postings by a User on any public arena that may be provided at the Website, such as a message board or chat room, will not be protected as confidential and WOA may use and disclose information contained in any such postings (including any ideas, concepts, know-how or other intellectual property) for any purpose deemed appropriate by WOA.

Third-Party Links: WOA may sometimes permit third parties to offer products, services, content and/or hyperlinks through the Website. In this event, WOA is not responsible for any actions or policies of such third parties, and you should check the applicable privacy policy and other terms and conditions of such parties before providing any personal information.

Cookie Technology: WOA may employ "cookie" technology to keep track of a User’s current session and to keep track of User information between visits. Cookies are small text files stored on your computer that a website can use to recognize repeat Users and to facilitate each User’s ongoing access to and use of a website. Generally, cookies work by assigning a unique number to the User that has no meaning outside of the assigning site. You should be aware that WOA cannot control the use of cookies by advertisers or third parties hosting data for WOA.

No Children’s Content: The Website is not intended for access and use by children under the age of 13, and no content appropriate for such children is provided.

Some content may be unsuitable for children, and we urge parents and legal guardians to carefully monitor how their children access the Internet to visit this or any other website.

In WOA’s opinion, the content of the Website may be appropriate for some children ages 13 and older. However, we strongly caution parents and legal guardians to carefully review the Website to decide for themselves whether the content is appropriate for their children according to their own standards. A few articles on historic subjects contain old works of art or antique photographs that show nudity. WOA does not intend for children of any age to access the Website without the knowledge and consent of their parents or legal guardians.

We do not knowingly collect, use and/or disclose personal information from children of any age.

Disclaimer: WOA will use its reasonable efforts to comply with the foregoing Privacy Policy and the other Terms and Conditions of this Agreement, but, to the maximum extent allowed by law, WOA disclaims any responsibility or liability for the inadvertent use or disclosure of personal information.

Questions on Our Privacy Policy: In our continuing effort to protect the privacy interests of our Users, we encourage you to voice your privacy concerns. If you have any questions about our Privacy Policy, please feel free to contact us at

OTHER TERMS AND CONDITIONS

License: In consideration of your agreement to and compliance with the Terms and Conditions set forth in this Agreement, WOA grants to you a limited, revocable, nonexclusive, nonsublicensable, nontransferable license to use and access the content posted at the Website (the "Licensed Materials") according to the Terms and Conditions set forth in this Agreement.

System/Browser Requirements:

Windows XP SP2/Microsoft Internet Explorer 6.0, Mozilla Firefox 1.0.3, Netscape Navigator 7.2

Mac OS X v10.3.9/Safari 1.3.1, Mozilla Firefox 1.0.3, Netscape Navigator 7.2

Ownership: Except as otherwise provided below, the Licensed Materials, including all intellectual property rights in the Licensed Materials, such as copyright and trademark, are the sole and exclusive property of WOA. By indicating that you accept these Terms and Conditions, you do not acquire any ownership interests of any kind in the Licensed Materials, but you are entitled to use them according to the terms of this Agreement.

Permitted Uses:

Text and Images. Some of the text of the Website is configured in a manner that permits you to print it out for your personal use ("Printable Text"). You may print out the Printable Text from the most current version of the Website solely for your personal educational use and for no other purpose whatsoever. No other copies may be made, exhibited and/or transmitted. All printouts of Printable Text must include the copyright, trademark and other notices that appear on the Printable Text. WOA reserves the right to withdraw permission to print out content at any time in its sole and absolute discretion. Except as provided in this Agreement, you may not print out any of the content appearing on the Website.  

Audio and Audiovisual Content. Some of the audio and/or audiovisual content of the Website is configured in a manner that permits downloading for your personal use (“Downloadable Content”). You may download the Downloadable Content from the most current version of the Website solely for playback of a single copy on your computer only, and/or playback of a single copy on your portable audio or audiovisual player only and solely for your personal entertainment or educational use and for no other purpose whatsoever. No other copies may be made, exhibited and/or transmitted. WOA reserves the right to withdraw permission to download content at any time in its sole and absolute discretion. Except as provided in this Agreement, you may not download any of the content appearing on the Website.

Prohibitions: Except as otherwise expressly provided in this Agreement, you are expressly prohibited from copying, downloading, printing out, transmitting, broadcasting, disseminating, reverse engineering and/or modifying any or all of the Licensed Materials. No part of the Licensed Materials may be copied for resale or other commercial use, or offered for sale or reproduced on any bulletin boards, websites, discussion forums, Internet domains or online chat rooms. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on the Website. You are not allowed to sublicense, assign, share, sell, rent, lease or otherwise transfer your right to use the Licensed Materials.

Violations: In the event that you breach any of the Terms and Conditions of this Agreement, WOA may, in its sole and absolute discretion, terminate this Agreement and your access to the Website, and WOA reserves the right to seek all remedies available by law and in equity for such breaches.

Trademarks: Except as otherwise indicated below, all trademarks, service marks, trade dress, logos and other source-identifying features of the Website and the Licensed Materials (collectively, "WOA Marks") are the property of WOA. You are prohibited from using any of the WOA Marks without the prior written permission of WOA.

Some trademarks belonging to third parties are used on the Website with the permission of the trademark owner.

Some trademarks belonging to third parties are used pursuant to the Fair Use Doctrine for purposes of identification, information, commentary, criticism, instruction and other purposes entitled to protection under the Fair Use Doctrine.

No sponsorship or endorsement by, or affiliation with, such trademark owners is claimed or implied by WOA.

Copyright: With the exception of content in the public domain and/or content belonging to third parties and used under license and/or pursuant to the Fair Use Doctrine, all content of the Website, and the selection, presentation and arrangement of content, are Copyright © 2005 by Women of Action Media, LLC. All rights reserved. All such copyrights are fully protected under the United States Copyright Act and international copyright law. Except as provided in this Agreement for so long as this Agreement remains in effect, the content on the Website may not be used for any purpose whatsoever without the prior written authority of WOA.

Notice and Procedure for Making Claims of Copyright Infringement: WOA will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"). Pursuant to DMCA, written notification of claimed copyright infringement must be submitted to the following Designated Agent for this site:

Service Provider(s): VVD Communications LLC

Name of Agent Designated to Receive Notification of Claimed Infringement:

Jonathan Kirsch

Full Address of Designated Agent to Which Notification Should Be Sent: Law Offices of Jonathan Kirsch, 1880 Century Park East, Suite 515, Los Angeles, CA 90067

Telephone Number of Designated Agent: (310) 785-1200

Facsimile Number of Designated Agent: (310) 286-9573

Email Address of Designated Agent: jk@jonathankirsch.com

To be effective, the notification must include the following:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. 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;

3. identification of the allegedly infringing material and information reasonably sufficient to permit the service provider to locate such allegedly infringing material;

4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;

5. 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

6. a statement under penalty of perjury that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner whose right is allegedly infringed.

Advertisements: The Website may contain advertisements by third parties, and these advertisements may contain links to other websites. Unless otherwise specifically stated, WOA does not endorse any product or service or make any representation regarding the content or accuracy of any materials contained in, or linked to, any advertisement on the Website.

Links: The Website may contain links to third-party websites. If so, these links are provided solely as a convenience to you. WOA is not responsible for the content of any linked third-party websites, and does not make any representations regarding the content or accuracy of any content or materials on such third-party websites. If you access any linked third-party website, you do so at your own risk. Your use of third-party websites is subject to the terms and conditions of use for those sites.

No Warranties: WOA PROVIDES THE RESOURCES AND LICENSED MATERIALS "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.

No Endorsement: WOA does not endorse and is not responsible for the accuracy or reliability of any opinion, advice, information or other statements made through the Website by any party other than WOA.

Disclaimer of Liability: Other than as required under applicable consumer-protection law, under no circumstance will WOA be liable for any loss or damage caused by a User’s reliance on content obtained through the Website, including but not limited to opinions, advice, information or other content. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.  

WOA, on behalf of itself and its members, officers, directors, employees, representatives, agents, insurers and attorneys, specifically disclaims any liability (whether based in contract, tort, strict liability or otherwise) for any indirect, incidental, consequential or special damages arising out of or in any way connected with access to or use of the Website, this Agreement, the Resources and/or the Licensed Materials (even if WOA has been advised of the possibility of such damages), including liability associated with any defect in content and/or any viruses which may infect a User’s computer equipment.

The foregoing disclaimer of liability applies to, but is not limited to, the following specific matters:

Depiction of Conduct: Some of the content on the Website may depict individuals engaging in physically strenuous and/or physically dangerous activities. Such activities are generally restricted to individuals who are specially trained and are conducted under conditions where safety precautions and procedures are in place. We strongly caution Users against engaging in the same or similar conduct, and we actively discourage them from doing so. Users engaging in such conduct do so at their own risk. We specifically disclaim any responsibility or liability for injuries, losses or damages relating to the foregoing.

Health and Fitness: Some content on the Website may describe dietary regimens and other products and practices relating to health and fitness. WOA does not recommend or endorse any such regimens, products and practices. We strongly caution Users against using any of these regimens, products and practices without first consulting a physician to confirm for themselves that it is safe and appropriate to do so. Users adopting such regimens, products and practices do so at their own risk. We specifically disclaim any responsibility or liability for injuries, losses or damages relating to the foregoing.

Content Depicting Illegal Conduct: The Website, like any other journalistic medium, may report on conduct by individuals that is extreme, violent or illegal. Such reports are for journalistic purposes only. We do not endorse or recommend any such conduct, and we strongly caution Users against engaging in any such conduct. Users who engage in such conduct do so at their own risk. We specifically disclaim any responsibility or liability for injuries, losses or damages relating to the foregoing. (By issuing the foregoing warning and disclaimer, however, we do not suggest that any specific conduct by specific individuals depicted on the Website is, in fact, extreme, violent and/or illegal.)

No Endorsement by WOA: We do not adopt, sponsor or endorse the conduct or opinions of individuals and/or groups about whom we may report on the Website, whether political, religious or otherwise. Such reports are for journalistic purposes only and do not reflect the opinions of WOA and/or its members, officers, directors, employees, representatives, agents, insurers and/or attorneys.

Linked Internet Sites: WOA is not responsible for the content available on any other Internet sites linked to the Website. Access to any other Internet sites linked to the Website is at the User’s own risk.

Reservation of Rights: WOA reserves the right to terminate the operation of all or any portion of the Website in its sole and absolute discretion and/or to limit or terminate the User’s access to and use of the Website.

WOA will use reasonable efforts to rectify any errors that occur on the Website but does not guarantee access to the Website in case of software errors/viruses/other natural or technical catastrophes that cannot be repaired in spite of a reasonable effort.  

Subject to the foregoing, WOA will use reasonable efforts to keep its Website online at all times. The User understands, however, that scheduled maintenance and problems out of the control of WOA can cause the Website to go down.

Postings: If and when WOA elects to permit the posting of messages, information and/or other content by Users to the Website ("Postings"), WOA is under no obligation to review any Postings and assumes no responsibility or liability relating to any such Postings. Notwithstanding the above, WOA may from time to time monitor the Postings on the Website and may decline to accept and/or remove any Postings that contain any of the following:

  • Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially or ethnically biased or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
  • Advertisements or solicitations of any kind.  
  • Messages posted by Users impersonating others.  
  • Personal information such as phone numbers, social security numbers, account numbers, addresses or employer references.
  • Messages by non-spokesperson employees of WOA purporting to speak on behalf of WOA.  
  • Messages that offer unauthorized download of any copyrighted or private information.
  • Multiple messages placed within individual folders by the same User restating the same point.
  • Chain letters of any kind.
  • Any other content that WOA, in its sole and absolute discretion, deems to be inappropriate for any reason whatsoever.

Entire Agreement: This Agreement constitutes the entire understanding between the parties with respect to the subject matter hereof, and all prior agreements, representations, statements and undertakings, oral or written, are hereby expressly superseded and canceled. This Agreement is governed by the internal substantive laws of the State of California, United States of America, without respect to its conflict-of-laws principles. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the state or federal courts within San Francisco, United States of America. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

Questions: Should you have any questions regarding this Agreement, you may contact WOA at any time at

 
© 2005–2006, Women of Action Media, LLC