TERMS AND CONDITIONS
This Website and the Content are 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 or the Content, 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 or the Content.
The Website and its entire contents, features and functionality, including but not limited to all information, software, text, displays, images, trademarks, service marks, video and audio, and the design, selection and arrangement thereof (collectively, the “Content”), are owned by WSF or the other WSF Parties (as defined below), or in some cases D2L Corporation (“D2L”) or certain entities with which D2L collaborates (collectively with D2L, the “D2L Parties”), 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 the Content.
“Women’s Sports Foundation”, “WSF” “We Play Interactive”, the WSF logo(s) and the We Play Interactive logo, are the trademarks of WSF. No permission is granted to you to make use of any of the WSF trademarks.
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.
Restrictions on Use of Materials
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 comply with these Terms and Conditions and applicable law.
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 breach any of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of Content. 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.
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.
Users who violate these Terms and Conditions may incur criminal or civil liability. You agree that we may at any time, and at our sole discretion, terminate your membership, account, or other affiliation with our Website or Content without prior notice to you if we have reason to believe that you have violated or may attempt to violate these Terms and Conditions. In addition, you acknowledge that we will cooperate fully with investigations of systems or network security violations, including law enforcement authorities in investigating suspected criminal violations.
Copyright Infringement Claims
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 Copyright@WomensSportsFoundation.org,
Attention: Marketing & Communications Dept.
Disclaimer of Warranties
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, LICENSORS, CONTENT PROVIDERS, OR THEIR RESPECTIVE OFFICERS, TRUSTEES, 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.
MATERIALS AVAILABLE ON THIS SITE MAY CONTAIN OPINIONS AND JUDGMENTS. NO WSF PARTY ENDORSES, OR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF, ANY OPINION, ADVICE, OR STATEMENT MADE BY ANYONE.
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, TRUSTEES, 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 PRESENTED ON THIS WEBSITE IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE DEEMED TO BE PROFESSIONAL ADVICE. NONE OF WSF PARTIES GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT. You should not rely on any information on these pages to replace consultations with qualified professionals to meet your individual needs.
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. Those who choose to access the Website outside of the United States do so on their own initiative, are responsible for compliance with local laws, if and to the extent local laws are applicable, and consent to having their personal data transferred to and processed in the United States.
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.
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 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.
WSF reserves the right, in its sole 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 or the Content 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.
You agree to defend, indemnify and hold harmless the WSF Parties, their respective affiliates, licensors and service providers, 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, if applicable, (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.
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 “Ownership”, “Disclaimer of Warranties”, “Limitation of Liability”, “Restrictions on Use of Materials”, “User Prohibited Conduct”, “Inaccuracy Disclaimer”, “General Provisions” and “Indemnification” 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)
You can also send an email to Copyright@WomensSportsFoundation.org . Please reference “Terms and Conditions” in the subject line of any emails.