Terms and Conditions of Service
1. FEMWORKS facilities are governed by Federal and State regulations. ComeUnity Wire is a membership subscription service provided by FEMWORKS LLC (?The Firm?). News copy and other information, in any format now known or hereafter developed, including, without limitation, textual, photographic, video and audio files and URLs (collectively, ?Member Content?), may be submitted to FEMWORKS by members only, who are responsible for payment of all invoiced fees, including a monthly membership fee of _, which is due upon receipt of invoice. Services may be withheld from overdue accounts. FEMWORKS may charge, in addition to the amount past due, interest thereon at the lesser rate of 1.5% per month or the maximum rate permitted by law, as well as all costs of collection, including legal fees and costs, incurred by FEMWORKS or its agents. Information updates are the responsibility of the Member, including timely provision of contact names, addresses, telephone numbers and credit card information.
2. Member is responsible for the source and accuracy of all Content it submits . Due to the volume of information and copy FEMWORKS receives The Firm cannot be responsible for verifying any facts contained therein. Member represents and warrants to FEMWORKS that (i?????) it has the right to deliver to FEMWORKS all Member Content it submits; (ii) Member will comply with all applicable laws, rules and regulations, including but not limited to the Children?s Online Privacy Protection Act of 1998 and laws relating to ?spam?, including obtaining all required authorizations, from recipients in connection with distribution lists provided by Member and with respect to any data provided by Member concerning individuals. Member has received the consent of such individuals for implicit use and transfer; (iii) no Member Content submitted by Member will contain any content that is obscene, libelous, slanderous or otherwise defamatory, false or misleading or which violates any copyright, right of privacy or publicity or other right of any person, and (iv) the Member Content will not contain any viruses, scripts, macros, or programs or links to macros, scripts, programs, or any code that alters, destroys or inhibits the operation of, or infiltrates, computer systems or data run through such computer systems. Member shall indemnify and hold harmless FEMWORKS, its owners, officers, editors, directors, employees, affiliates and agents, and those licensed or otherwise authorized by FEMWORKS to process, transmit or distribute Member Content from and against any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney?s fees) arising out of or relating to any breach by Member of the foregoing representations and warranties or otherwise arising out of or relating to the contents or nature of the Member Content or the use of or reliance on such content.
3. FEMWORKS reserves the right to reject or edit copy or other information when necessary in its judgment, provided that no materially substantive edits will be made without Member?s consent. Member grants to FEMWORKS a royalty-free perpetual license and right to reproduce, distribute, translate, archive and create derivative works of the processed Member Content.
4. FEMWORKS is not warranting or ensuring that FEMWORKS?s services will be free from errors, including omissions, interruptions, delays or other timing errors, losses or defects, whether human or mechanical or acts of nature. FEMWORKS endeavors to disseminate promptly and accurately all news and other information that it processes. Any errors by FEMWORKS will be corrected,upon discovery, without delay, at no additional charge. Such obligation to correct shall constitute the sole liability of FEMWORKS in this regard. FEMWORKS makes no warranties, express or implied, as to its services, including, but not limited to, any warranties of merchantability or suitability for print or broadcast. The liability of FEMWORKS and its affiliates and agents to Member shall be limited to the refund of the fees paid by Member in connection with the item of Member Content at issue, and in no event will FEMWORKS or its affiliates or agents have liability for any indirect, consequential, special, exemplary or incidental damages regardless of the form of action, damages, claim, liability, cost or expense whether in contract, statute, tort (including, without limitation, negligence) or otherwise. FEMWORKS shall not be liable for any delay or non-performance arising from any cause beyond its reasonable control, including, without limitation, acts of God, governmental acts, war, fire, terrorism, civil commotion or industrial disputes.
5. All news releases and other information transmitted by FEMWORKS must contain a Member-supplied contact name and phone number and a clearly identifiable source. The source gives legitimacy to the news release by indicating who is responsible for the content and cannot be the name of an agency issuing news on behalf of Member.
6. Changes to these Conditions of Service are made from time to time and are posted on www.FEMWORKSLLC.com so that Members are informed about them. FEMWORKS encourages Member to visit such site periodically to obtain current information about changes. Member?s continued use of the services after such change is posted shall constitute Member?s agreement to such changes.
7. This Conditions of Service shall be governed and construed in accordance with the laws of the State of New Jersey. If any provision of this Conditions of Service is held by a court of competent jurisdiction as invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without impairment or invalidated in any way. Any dispute arising under or related in any way to this Conditions of Service shall be adjudicated in a court of competent jurisdiction in the County of Essex.
8. By its submission of copy and/or other information to FEMWORKS, Member agrees to be bound by this Conditions of Service. Member represents and warrants that the undersigned has full right, power and authority to execute this Conditions of Service.