#WOMENDO
TERMS OF USE

Thank you for visiting #WomenDo, found at www.WomenDo.com (the “Platform”). Please read the following information carefully, as these Terms of Use govern your access to and use of the Platform. The Platform is available for your use on the condition that you agree to the terms explained below. This is a binding agreement. When we say “you” we mean the person who is viewing, interacting, or registering with our Platform, along with anyone that they may represent. When we say “WomenDo,” “us,” “our” or “we,” we are referring to the owner of the Platform, Portmano Pictures LLC, and its successors and assigns. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. We may change these Terms of Use from time to time and will post a notice on the Platform any time these Terms of Use have been amended or updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Platform and cease all use of the Platform.

If you have a specific question,
feel free to click to the appropriate section below:

1. Where can I find your Privacy Notice?

We respect your privacy. Our Privacy Notice governs the use of information collected from or provided by you when you visit the Platform. A complete statement of our current Privacy Notice can be found here. Our Privacy Notice is incorporated herein by reference.

2. What age do I have to be to use this Platform?

This Platform is not intended for use by people under 13 years of age. We will not knowingly collect information from minors in the United States or elsewhere with or without the consent of their parents or guardians. Personal registration information submitted by a person under the age of 13 will not be accepted. Any general information provided by a person under the age of 13 and gathered (for example, through the use of cookies) during his or her visit may be used as indicated in this Terms of Use.

3. Do I have to create an account?

You are not required to create an account or register in order to access the Platform. However, in order to experience certain features of the Platform, for example posting a playlist you curate, you will be required to “register”. As part of the registration process, you may be asked to provide certain information about yourself. Such registration is optional, and accessing these features is not mandatory in order to visit the Platform. If you wish to access certain features of the Platform, you must complete the process by providing the complete and accurate information requested on the registration form. You may be asked to provide such information as your first and last name, email a statement of information about yourself, and information about your submission (which may contain information about you depending on what you choose to include).

If you are given a password to access the Platform, you are entirely responsible for maintaining the confidentiality of your password. You may not use the password of someone else at any time and may not share your password with someone else at any time. You agree to notify us immediately of any unauthorized use of your password. We are not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by WomenDo, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. We reserve the right to terminate your access to the Platform at any time.

4. How do I comply with intellectual property laws?

Nothing posted on the Platform grants a license to any WomenDo trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise. You should assume that everything you see or read on the Platform (“Content”) is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of the WomenDo Executive Management Team. When accessing the Platform, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Platform is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.

The Platform, as well as the selection and arrangement thereof, is the sole property of WomenDo, and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with our express written consent. No part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website, smart phone, tablet or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Platform are proprietary to us or such Marks’ respective owners. You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

We may issue a warning, temporarily suspend, indefinitely suspend or terminate any user’s right to use or access all or any part of the Platform including any submitted content contained thereon, without notice, for any reason at our sole discretion, including without limitation violation of this Terms of Use, WomenDo’s belief that such access would violate any applicable law or would be harmful to the interests of, or potentially cause financial loss or legal liability to, WomenDo, or another user.

5. What if I believe someone infringed on my intellectual property?

We have no sense of humor when it comes to intellectual property infringement. In using the Platform, you must respect the intellectual property and other rights of WomenDo, as well as such rights of others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. WomenDo respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Platform, then you may request removal of the posting according to the terms of our DMCA Policy located here.

We will, in appropriate circumstances, disable and/or terminate access to the Platform for users who are repeat infringers. It is also our policy to accommodate and not interfere with standard technical measures we determine are reasonable under the circumstances, i.e., technical measures that are used by copyright owners to identify or protect copyrighted works. We retain the discretion to handle non-compliant notices in whatever manner appears to be reasonable given the circumstances presented. Submission of false or misleading information in connection with our DMCA Policy may result in termination of access to our Platform, making additional submissions and other penalties we deem appropriate under the circumstances.

6. Community Rules

Our community has diverse and interesting perspectives. And we strive to provide a safe place where everyone feels welcome. These varied viewpoints can sometimes be reflected in comments and community posts. However, please keep the following in mind:

1) Don’t spam. Please do not submit, post or attempt to post any graphics, text, photographs, images, video, audio or other material that constitutes junk mail or spam. Please do not repeat the same posting multiple times in a day or week. Please do not post political campaigns or commercial solicitations.

2) Don’t be obscene. You agree not to use any obscene, indecent, or offensive language or to post any graphics, text, photographs, images, video, audio or other material that is defamatory, abusive, bullying, harassing, racist, hateful, or violent. Please refrain from ethnic slurs, religious intolerance, homophobia, and personal attacks.

3) Don’t infringe on anyone’s copyright. You are responsible for ensuring that any graphics, text, photographs, images, video, audio or other material you provide to or post on the Platform, including without limitation in bulletin boards, blog postings, curated playlists, chats or elsewhere, does not violate the copyright, trademark, trade secret or any other personal or proprietary rights of any third party or is provided or posted with the permission of the owner(s) of such rights.

4) Don’t engage in criminal behavior. You may not post any graphics, text, photographs, images, video, audio or other material that is encrypted, invades anyone’s privacy, or illustrates, references or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that otherwise violates any local, state, federal, national or international law or regulation (e.g., drug use, underage drinking). You agree to use the Platform only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability.

7. Content you submit.

A. General. We may now or in the future offer users of the Platform the opportunity to create, build, post, upload, display, publish, distribute, transmit, broadcast, or otherwise make available on or submit through the Platform (collectively, “submit”) messages, text, illustrations, files, images, graphics, photos, comments, responses, sounds, music, videos, information, content, ratings, reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). We may allow you to do this through blogs, message boards, social networking environments, content creation tools such as curating personal playlists, social communities, contact us tools, e-mail, and other communications functionality. Subject to the rights and license you grant in these Terms of Use, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you remain ultimately responsible for it. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us for all claims resulting from content you post. We take no responsibility and assume no liability for any content posted by you or any third party.

B. Non-Confidentiality of Your User-Generated Content. Except as otherwise described in the Platform’s posted Privacy Notice or any additionally posted company policies, you agree that: (a) your User-Generated Content will be treated as non-confidential – regardless of whether you mark them “confidential,” “proprietary,” or the like – and will not be returned, and (b) WomenDo does not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Upon WomenDo’s request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms of Use. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of User-Generated Content may not be secure, and you will consider this before submitting any User-Generated Content and do so at your own risk. In your communications with WomenDo, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, web sites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, “Unsolicited Ideas and Materials”). Any Unsolicited Ideas and Materials you post on or send to us via the Platform are deemed User-Generated Content and licensed to us as set forth below. In addition, WomenDo retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials.

C. License to WomenDo of Your User-Generated Content. Except as otherwise described in any other applicable company policy that may specifically govern the submission of your User-Generated Content, you hereby grant to WomenDo, the non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, and cost-free right and license to use, copy, record, distribute, reproduce, disclose, sell, re-sell, sublicense (through multiple levels), display, publicly perform, transmit, publish, broadcast, translate, make derivative works of, and otherwise use and exploit in any manner whatsoever, all or any portion of your User-Generated Content (and derivative works thereof), for any purpose whatsoever in all formats, on or through any means or medium now known or hereafter developed, and with any technology or devices now known or hereafter developed, and to advertise, market, and promote the same. Without limitation, the granted rights include the right to: (a) configure, host, index, cache, archive, store, digitize, compress, optimize, modify, reformat, edit, adapt, publish in searchable format, and remove such User-Generated Content and combine same with other materials, and (b) use any ideas, concepts, know-how, or techniques contained in any User-Generated Content for any purposes whatsoever, including developing, producing, and marketing products and/or services. In order to further effect the rights and license that you grant to WomenDo to your User-Generated Content, you also hereby grant to WomenDo, and agree to grant to WomenDo, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User-Generated Content, without any obligation or remuneration to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights. You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 6(c).

D. Exclusive Right to Manage Our Platform. WomenDo may, but will not have any obligation to, review, monitor, display, post, store, maintain, accept, or otherwise make use of, any of your User-Generated Content, and we may, in our sole discretion, reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content without notice or any liability to you or any third party in connection with our operation of User-Generated Content venues in an appropriate manner. Without limitation, we may do so to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms of Use. Such User-Generated Content submitted by you or others need not be maintained on the Platform by us for any period of time and you will not have the right, once submitted, to access, archive, maintain, or otherwise use such User-Generated Content on the Platform or elsewhere.

8. Do you link to third party sites?

We may link to or be linked from other websites that are not maintained by, or related to, WomenDo (a “Linked Platform”). We do not endorse, and are not responsible for, the content of any of those third-party websites. You acknowledge that WomenDo has not reviewed and does not endorse the content of all sites linked to from this Platform and is not responsible for the content or actions of any other sites linked to from this Platform We do not promise that the contents of any Linked Platform are accurate, compliant with local, state or federal law, including any intellectual property laws. Your use of any Linked Platform is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

9. Disclaimers and Limitations on Liability.

YOU UNDERSTAND AND AGREE THAT THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, MAY NOT BE FUNCTIONAL ON CERTAIN DEVICES AND/OR IN CERTAIN COMPUTING ENVIRONMENTS AND WOMENDO SHALL HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE WEBSITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE WEBSITE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOMENDO EXPRESSLY DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WOMENDO MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, COMPLETENESS, TIMELINESS, CORRECTNESS OR RELIABILITY OF ANY INFORMATON MADE AVAILABLE THROUGH, OR THE PERFORMANCE OF, THE WEBSITE.

WOMENDO DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE WEBSITE WILL BE CORRECTED OR (e) THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WOMENDO AND ITS AFFILIATES, LICENSEES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE “RELATED PARTIES”) SHALL NOT BE LIABLE TO YOU UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR:

ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF WOMENDO OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES; OR

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; ORTHE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA GENERATED, COLLECTED, PROCESSED OR MAINTAINED BY OR THROUGH YOUR USE OF THE WEBSITE.

WITHOUT LIMITING THE FOREGOING, IN NO CASE SHALL THE LIABILITY OF WOMENDO OR ANY OF THE RELATED PARTIES EXCEED ONE HUNDRED DOLLARS ($100).

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Talon and the Related Parties shall be limited to the fullest extent permitted by law.

10. Indemnity.

You agree to indemnify, defend, and hold harmless WomenDo, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform, your violation of these Terms of Use, or your infringement, or infringement by any other user of your information, of any intellectual property or other right of any person or entity. WomenDo will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

12. Can I bring a class action lawsuit?

No Class or Representative Proceedings: Class Action Waiver. YOU AND WOMENDO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and WomenDo agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

13. What if I live outside of the United States?

The Platform is hosted and operated entirely in the United States and is subject to United States law. Please do not provide us with any information or attempt to submit User-Generated Content if you live outside of the United States. If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action. This may include restricting your access to the Platform and/or deleting your information. We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us at hi@womendo.com

14. Whom should you contact with questions or concerns?

If you have any questions or comments relating to the WomenDo Platform or this Terms of Use, send an email to hi@womendo.com

15. When was this notice last updated? November 12, 2019.

November 12, 2019.