IF YOU ARE A PARENT OR LEGAL GUARDIAN AGREEING TO THESE TERMS FOR THE BENEFIT OF A CHILD, YOU ARE FULLY RESPONSIBLE FOR HIS OR HER USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Patent, Trademark and Copyright
This Site is operated by the She’s the First, Inc. ("She’s the First"). She’s the First is the owner of all right, title and interest in this Site and its contents, including without limitation, all patents, copyrights, trademarks, service marks, trade dress, trade names and any and all other Intellectual Property whether now known or here after existing and all of the good will therein ("Intellectual Property"). The Site is for your personal, noncommercial use only, with no transfer of title.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell, or make any other use of any of the content obtained from the Site. You may not use any of the Site content on any other Web site or networked computer environment, or in any format or medium, whether now known or hereafter existing. You may not remove any Intellectual Property or legal notice from any content downloaded from the Site.
You are permitted to access certain content and services without registering for a user account on the Site (a "User Account"), provided that you have agreed to the Terms. However, access to certain content and services requires that you establish a User Account on the Site. Approval of your request to establish a User Account will be at the sole discretion of She’s the First. Each User Account and the user identification and password for each User Account (the "User Account ID") is personal in nature. Each User Account is for your personal use and each User Account ID may be used only by you alone. You may not distribute or transfer your User Account or User Account ID or provide a third party with the right to access your User Account or User Account ID. You are solely responsible for all use of the Site, content, and services through your User Account. You will ensure the security and confidentiality of your User Account ID and will notify She’s the First immediately if your User Account ID is lost, stolen, or otherwise compromised. You are fully responsible for all liabilities and damages incurred through the use of your User Account or under your User Account ID (whether lawful or unlawful) and any transactions completed through your User Account or under your User Account ID will be deemed to have been lawfully completed by you.
In connection with establishing a User Account, you will be asked to submit certain information about yourself ("Registration Information"). You agree that: (a) all Registration Information you provide will be accurate, complete, and current; and (b) you will maintain and promptly update your Registration Information to keep it accurate, complete, and current. You may not: (i) use or input Registration Information of another person with the intent to impersonate that person; and (ii) use or input Registration Information that She’s the First, in its sole discretion, deems offensive.
Third Party Web Sites and Access
This Site may contain links and pointers to Internet sites maintained by third parties. She’s the First does not operate or control in any respect, or endorse, the content found on such third-party sites. You assume sole responsibility for use of third party links and pointers.
You further acknowledge that all connections to, and transmissions through, the Internet, including your access to this Site, are subject to opportunities for access by third parties. As a result, by accessing the Site, you acknowledge that you have no legitimate expectation of privacy in such connections and/or transmissions, and She’s the First shall not be responsible for any such third party access to such connections and/or transmissions.
Acceptable Use Policy
Modification of the Terms
She’s the First reserves the right to change the Terms at any time by publishing a revised version of the Terms on the Site. You are responsible for regularly reviewing the Terms. Continued use of the Site following any such changes means you accept and will abide by these changes.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. SHE’S THE FIRST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SHE’S THE FIRST DOES NOT WARRANT THAT THE SITE WILL BE OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES OR ERRORS IN THE MATERIALS, OR OTHER ERRORS OR DEFECTS. YOU USE THIS SITE AT YOUR OWN RISK. YOU UNDERSTAND AND EXPRESSLY AGREE THAT NEITHER THIS SITE OR THE CONTENT OF THIS SITE CONSTITUTES MEDICAL ADVICE AND YOU AGREE YOU HAVE NOT RELIED ON THIS SITE, IN ANY RESPECT, FOR MEDICAL ADVICE.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, TORT OR NEGLIGENCE, WILL SHE’S THE FIRST BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, HARDWARE, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL SHE’S THE FIRST' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You hereby agree to indemnify, defend, and hold harmless She’s the First and its officers, directors, shareholders, affiliates, employees, agents, service providers, contractors, assigns, users, customers, providers, licensees, and successors in interest ("Indemnified Parties") from any and all claims, losses, liabilities, damages, fees, expenses and costs (including attorneys' fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (a) your access to or use of the Site, or any content or services; (b) your User Content or any access to or use thereof; (c) your collection, use, and disclosure of any User Content, (d) your violation of applicable Laws; and (e) your breach of any representation, warranty, or other provision of the Terms. She’s the First will use reasonable efforts to provide you with notice of any such Claim, and She’s the First will have the right to participate in the defense of any such Claim at its expense.
Claims of Infringement
She’s the First respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Site without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:
She’s the First
Attn: Copyright Agent
PO Box 20483
Columbus Circle Station
New York, NY 10023
Please provide the following information to She’s the First’ Copyright Agent: (a) the identity of the infringed work, and of the allegedly infringing work; (b) your name, address, daytime phone number, and email address, if available; (c) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (d) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (e) your electronic or physical signature. She’s the First will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Site.
She’s the First reserves the right to make any and all changes to the Site at its sole discretion without notice to users. She’s the First reserves the right to deny access to the Site to anyone at any time, and to terminate the Terms at any time without notice in its sole discretion.
The Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained in the Site; provided, however, that in the event of a conflict between such other terms and conditions and the Terms, the Terms shall control.
The Terms is governed by the laws of the State of New York, in the United States of America, without regard to conflicts of law provisions. You consent to the exclusive jurisdiction and venue of courts of New York City, New York, in the United States of America, in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
If any provision of the Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
By entering into these Terms, you hereby irrevocably waive any right you may have to join claims with those of others in the form of a class action or similar procedural device. Any claims arising out of, relating to, or connected with these Terms must be asserted individually. You acknowledge and agree that, regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of, relating to, or connected with your use of the Site must be filled within one (1) calendar year after such claim or cause of action arises, or forever be barred.
The Terms constitutes the entire Terms between you and She’s the First with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and She’s the First with respect to the Site. A printed version of the Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved to She’s the First.