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By using this site, you signify you agree to these Terms and Conditions.
FEMM Foundation, Inc. (“FEMM”) may revise and update these Terms and Conditions at any time. Your continued usage of the FEMM website (“FEMM Site” or the “Site”) will mean you accept those changes.
This Site Does Not Provide Medical Advice
The contents of the FEMM Site, such as text, graphics, images, and other material contained on the FEMM Site are for informational purposes only. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the FEMM Site.
If you think you may have a medical emergency, call your doctor or 911 immediately. Reliance on any information provided by FEMM, FEMM employees, others appearing on the Site at the invitation of FEMM, or other visitors to the Site is solely at your own risk.
The Site may contain health- or medical-related materials that are sexually explicit. If you find these materials offensive, you may not want to use our Site.
Modifications to Terms
We may change these Terms and Conditions from time to time. We will notify you of such changes by posting the amended Terms and Conditions on the Site. These Terms and Conditions, as amended, will be effective immediately for new users and are otherwise effective for all users 30 days after the posting of any amended terms.
Modifications to the Site
We reserve the right to modify the Site or to change or discontinue any of the services offered on the Site with or without notice to you. We shall not be liable to you or to any third party should we exercise our right to modify the Site or to change or discontinue our service offerings. If you object to any change to the Site or our services, your sole recourse will be to discontinue using the Site. Your continued use of any modified service on the Site will indicate your assent to such changes.
Children’s Privacy
We are committed to protecting the privacy of children. You should be aware that this Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.
Use of Content
FEMM authorizes you to view or download a single copy of the material on the FEMM Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright ©2016, FEMM Foundation, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the FEMM Site may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with FEMM or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of FEMM. All rights not expressly granted herein are reserved to FEMM and its licensors.
If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
Liability of FEMM and Its Licensors
The use of the FEMM Site and the Content is at your own risk.
When using the FEMM Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of FEMM and its suppliers. Accordingly, FEMM assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the FEMM Site.
The FEMM Site and the content are provided on an “as is” basis. FEMM, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. Without limiting the foregoing, FEMM, its licensors, and its suppliers make no representations or warranties about the following:
In no event shall FEMM, its licensors, its suppliers, or any third parties mentioned on the FEMM Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the FEMM Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not FEMM, its licensors, its suppliers, or any third parties mentioned on the FEMM Site are advised of the possibility of such damages. FEMM, its licensors, its suppliers, or any third parties mentioned on the FEMM Site shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1000. FEMM, its licensors, its suppliers, or any third parties mentioned on the FEMM Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms and Conditions are exclusive and are limited to those expressly provided for in these Terms and Conditions.
User Submissions
The personal information you submit to FEMM is governed by the FEMM Privacy Policy. To the extent there is an inconsistency between this Agreement and the FEMM Privacy Policy, this Agreement shall govern.
You agree that you will not upload or transmit any communications or content of any type to the Public Areas (including blogs, forums, etc.) that infringe or violate any rights of any party. By submitting communications or content to the Public Areas, you agree that such submission is non-confidential for all purposes.
If you make any such submission you agree that you will not send or transmit to FEMM by email, (including through the email addresses listed on the “Contact Us” page) any communication or content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to FEMM by email, you agree such submission is non-confidential for all purposes.
If you make any submission to a Public Area or if you submit any business information, idea, concept or invention to FEMM by email, you automatically grant-or warrant that the owner of such content or intellectual property has expressly granted FEMM a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content in any media or medium, or any form, format, or forum now known or hereafter developed. FEMM may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Public Areas or to FEMM by email. We try to answer every email in a timely manner, but are not always able to do so.
User Submissions — Image, Video, Audio Files
You agree to only post or upload media (like photos, videos or audio) that you have taken yourself or that you have all rights to transmit and license and which do not violate trademark, copyright, privacy or any other rights of any other person. Photos or videos of celebrities and cartoon or comic images are usually copyrighted by the owner.
To protect your privacy, you agree that you will not submit any media that contains Personally Identifiable Information (like name, phone number, email address or website URL) of you or of anyone else. Uploading media like images or video of other people without their permission is strictly prohibited.
By uploading any media on the FEMM site, you warrant that you have permission from all persons appearing in your media for you to make this contribution and grant rights described herein. Never post a picture or video of or with someone else unless you have their explicit permission.
It is strictly prohibited to upload media of any kind that contain expressions of hate, abuse, offensive images or conduct, obscenity, pornography, sexually explicit or any material that could give rise to any civil or criminal liability under applicable law or regulations or that otherwise may be in conflict with these Terms and Conditions, the FEMM Advertising Policy, and the FEMM Privacy Policy.
You agree that you will not upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or the Site.
By uploading any media like a photo or video, (a) you grant to FEMM a perpetual, non-exclusive, worldwide, royalty-free license to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in the media; and (b) you certify that any person pictured in the submitted media (or, if a minor, his/her parent/legal guardian) authorizes FEMM to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute the media and any material included in such media; and (c) you agree to indemnify FEMM and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or your failure to comply with these the terms described in this document.
FEMM reserves the right to review all media prior to submission to the site and to remove any media for any reason, at any time, without prior notice, at our sole discretion.
Passwords
FEMM has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your FEMM passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your FEMM account and password; (3) promptly inform FEMM of any need to deactivate a password. You grant FEMM and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. FEMM cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using FEMM tools and services.
Indemnity
You agree to defend, indemnify, and hold FEMM, its officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
General
FEMM is based in New York, New York, in the United States of America with principal offices in New York, New York. FEMM makes no claims that FEMM or any Site within the FEMM Network and the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the FEMM Network from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Liability, User Submissions, User Submissions – image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.
Jurisdiction
You expressly agree that exclusive jurisdiction for any dispute with FEMM, or in any way relating to your use of the FEMM Site, resides in the courts of the State of New York and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New York in connection with any such dispute including any claim involving FEMM or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. If any provision of these Terms and Conditions 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 these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
Complete Agreement
Except as expressly provided in a particular “legal notice” on the Site, these Terms and Conditions constitute the entire agreement between you and FEMM with respect to the use of the FEMM Site, and Content. If you have any questions about these Terms and Conditions please contact us at:
FEMM Foundation
228 East 71st St.
New York, NY 10021
femm@femmhealth.org
Thank for your cooperation. We hope you find the Site helpful and convenient to use. Questions or comments regarding this Site, including any reports of non-functioning links, should be submitted to femm@femmhealth.org.
We try to answer every email in a timely manner but due to volume may not always be able to do so.
