WINDMILL PROMOTIONS INC t/a
TIDEWATER WOMEN MAGAZINE / TIDEWATERWOMEN.COM TERMS AND CONDITIONS
Information contained within this site is intended solely for general educational purposes and is not intended nor implied to be a substitute for professional medical advice relative to your specific medical condition or question. Always seek the advice of your physician or other health provider for any questions you may have regarding your medical condition. Only your physician can provide specific diagnoses and therapies. By using this site you agree to the following Terms and Conditions:
If you think you may have a medical emergency, call your doctor or 911 immediately.
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
These Terms of Service constitute a legal agreement between you and Windmill Promotions Inc. t/a Tidewater Women Magazine and tidewaterwomen.com website. Also referred to in this document as “Tidewater Women”
By using this website, you indicate your acceptance of these Terms and Conditions. If you do not agree with all of these Terms and Conditions, do not use this website.
Tidewaterwomen.com website does not provide medical advice.
The contents of tidewaterwomen.com such as text, graphics, images, information obtained from Tidewater Women website, sponsors, advertisers, licensors, and other material and content are for informational purposes only. The Content 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.
Tidewaterwomen.com is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. You may not modify, adapt, translate, exhibit, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, reverse engineer, decompile or dissemble, or in any way exploit, any of the content, software, materials, or services of Tidewaterwomen.com in whole or in part. The foregoing does not apply to your own user content.
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 tidewaterwomen.com. All rights not expressly granted herein are reserved to tidewaterwomen.com and its licensors.
Tidewater Women website authorizes you to view or download a single copy of the material on the tidewaterwomen.com website solely for your personal, noncommercial use if you do not remove the copyright and other proprietary rights notices which were contained in the content. Any special rules for the use of certain software and other items provided on the tidewaterwomen.com website may be included elsewhere within the Site and are incorporated into these Terms and Conditions by reference.
Nothing contained on the tidewaterwomen.com website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents displayed on this web site, through the use of framing or otherwise, except: (1) as expressly permitted by these Terms and Conditions; or (2) with the prior written permission of Tidewater Women or such third party that may own copyrights in material displayed on this web site.
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.
You agree that any content, information, feedback, questions, comments and/or submissions to tidewaterwomen.com that you provide to us in connection with "Ask the Doctor"("Submissions") will be deemed to be provided to us on a non-confidential and non-proprietary basis and will become and remain our property. We shall have no obligations of any kind with respect to any Submissions and shall be free to reproduce, use, disclose and/or distribute any Submissions for any purpose whatsoever, without limitation. You also agree that we shall be free to use any ideas, concepts or techniques embodied in the Submissions for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services incorporating such ideas, concepts, or techniques. In addition, you hereby waive all moral rights you may have in any materials uploaded or sent to us by you.
If you believe that the content of any Submission provided by you, or any content appearing on tidewaterwomen.com, has been used on tidewaterwomen.com in a manner that constitutes copyright infringement, please provide our Tidewater Women with a written notice (email is sufficient) that includes the following information:
• an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed
• identification of the copyrighted work claimed to have been infringed
• a description of where the material that you claim is infringing is located on tidewaterwomen.com
• your address, telephone number, and e-mail address
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
LIMITATION OF LIABILITY / DISCLAIMERM OF WARRANTIES
The use of the tidewaterwomen.com website and the Content is at your own risk.
When using the tidewaterwomen.com website, information will be transmitted over a medium which is beyond the control and jurisdiction of Tidewater Women, its partners, advertisers, sponsors and its suppliers. Accordingly, Tidewater Women 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 tidewaterwomen.com website.
The tidewaterwomen.com website and the content are provided on an “AS IS” basis. Tidewater Women, its partners, advertisers, sponsors, licensors and 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.
Specifically, Tidewater Women, its licensors, and its suppliers make no representations or warranties about the following:
• The accuracy, reliability, completeness, correctness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the tidewaterwomen.com website.
• The satisfaction of government regulations requiring disclosure of information on prescription drug products with regard to the Content contained on the tidewaterwomen.com website.
• The accuracy, completeness or correctness, timeliness, or usefulness of any opinions, advice, services, or other information provided through the tidewaterwomen.com web site.
In no event shall Tidewater Women and its partners, sponsors, advertisers, licensors or its suppliers, or any third parties mentioned on the tidewaterwomen.com website be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the tidewaterwomen.com website or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not Tidewater Women is advised of the possibility of such damages. Tidewater Women is not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Area.
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. In all cases, Tidewater Women shall be liable only to the extent of actual damages incurred by you, not to exceed U.S.$100.00.
By using the tidewaterwomen.com website you agree to indemnify and hold Tidewater Women, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys' fees and costs) arising from your use or misuse of the tidewaterwomen.com website
You agree that you will not upload or transmit any communications or content of any type that infringes upon or violates any rights of any party. By submitting communications or content to any part on the tidewaterwomen.com website, you agree that such submission is non-confidential for all purposes. If you make any such submission, you automatically grant, or warrant that the owner of such content has expressly granted tidewaterwomen.com a royalty-free, perpetual, irrevocable, worldwide 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. Tidewater Women may sublicense its rights through multiple tiers of sublicenses.
FORUMS AND PUBLIC AREAS
USE OF TIDEWATERWOMEN.COM WEBSITE FORUMS AND PUBLIC AREAS CONSTITUTES ACCEPTANCE OF ALL OF THE TERMS AND CONDITIONS DESCRIBED HEREIN
By using the tidewaterwomen.com website, you acknowledge and agree that the information contained therein, including responses from medical professionals, is intended solely for general educational purposes. The information contained on the website is not intended nor implied to be a substitute for professional medical advice relative to your specific medical condition. Tidewater Women does not guarantee monitoring or authentication of the information contained in forums and chat groups for accuracy, safety, or reliability. Always seek the advice of your physician or other qualified health provider for any questions you may have regarding your medical condition, or prior to starting any new treatment.
Tidewater Women, its officers, directors, employees, affiliates, agents, attorneys, representatives make no endorsements of any particular product or treatment, makes no representations and assumes no liability relative to any content, opinions, comments, e-mail addresses, and/or computer viruses which may be transmitted in any Forum or Public Area.
If you use a Forum or Public Area on the tidewaterwomen.com website, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Forums and Public Areas.
In no event will Tidewater Women its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities be liable to you or anyone else for any decision made or action taken by you or anyone else in reliance upon the information provided through the tidewaterwomen.com website. You will hold Tidewater Women its officers, directors, employees, affiliates, agents, attorneys, representatives, partners, sponsors, advertisers or other affiliated persons or entities harmless for any such actions or decisions taken by you in reliance upon such information.
By submitting communications or content to the Forms or Public Areas, you agree that such submission is non-confidential for all purposes. You agree to allow Tidewater Women and all other persons or organizations involved in the operation of the tidewaterwomen.com website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the tidewaterwomen.com website.
Your privacy is very important to us on tidewaterwomen.com website. By using tidewaterwomen.com or its services, you are consenting to have your personal data transferred to and processed in the United States.
USER POSTED CONTENT
Tidewaterwomen.com makes available the ability to post your own Content in the form of profiles, photos, videos, blogs, forum messages and comments and emails to other users ("User Content").
You are solely responsible for any and all User Content you post.
By posting User Content to any part of tidewaterwomen.com website, you automatically grant, and you represent and warrant that you have the right to grant, to tidewaterwomen.com an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose on or in connection with tidewaterwomen.com or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from tidewaterwomen.com at any time. If you choose to remove your User Content, the license granted above will automatically expire.
You shall not post any User Content which contains nudity or is libelous, defamatory, obscene, pornographic, profane, sexually explicit, abusive or which otherwise violates any law, rule or regulation. Please use your best judgment and be respectful of other individuals on tidewaterwomen.com website. You agree not to use vulgar, abusive or hateful language.
Tidewater Women does not endorse the opinions of any user as they may appear through that user's submitted User Content. You acknowledge that any Submissions (e.g. site questions, feedback) may be reproduced, published, transmitted and displayed by tidewaterwomen.com in any manner.
Tidewaterwomen.com and its services shall be used by you in only a noncommercial manner. You shall not, without the express approval of tidewaterwomen.com, use the site to distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services, or to promote Web sites or online services that are competitive with tidewaterwomen.com and/or Tidewater Women Magazine. You agree that you will not submit any ideas for stories, features, designs, scripts, merchandise or publication of any type. Tidewaterwomen.com will not review any such materials.
While we do not and cannot review all User Content submitted by users of tidewaterwomen.com and are not responsible for the content of any of this material, tidewaterwomen.com reserves the right to delete, move or edit User Content that we, in our sole discretion, deem is in violation of the law (including trademark and copyright law), or these Terms of Service, or is abusive, defamatory, obscene, pornographic or otherwise unacceptable in tidewaterwomen.com's sole discretion. You shall remain solely responsible for the User Content you post onto tidewaterwomen.com.
Tidewaterwomen.com reserves the right to terminate a user account if in our sole discretion we deem that user has violated the Terms of Service.
Rules for Posting Questions in Forums and Public Areas
In Forums and Public Areas that are being moderated by healthcare professionals, answers will be posted in the forum and will appear indented beneath the original question, usually within 5 to 10 business days.
Tidewaterwomen.com Public Areas, which includes all areas of the tidewaterwomen.com website where users may post content, are for the exchange of information and support ONLY. In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms and Conditions of Use:
A. Posting questions or comments by persons under 18 years of age without the consent of their parents.
B. Posting your full name(s), or any other confidential or personally identifiable information on the tidewaterwomen.com website.
C. Posting names, e-mail addresses, telephone numbers or any other confidential or personally identifiable information of yourself or any person(s) or entities.
D. Using a Public Area for any purpose in violation of local, state, federal, or international laws;
E. Posting material that infringes on the copyrights or other intellectual property rights of others or on the privacy or publicity rights of others;
F. Posting material that is unlawful, obscene, derogatory, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by tidewaterwomen.com in its sole discretion.
G. Posting advertisements or solicitations of business.
H. Posting more than 1 new question within a 1 week period, in forums (Public Areas) that are limited to the number of new questions accepted daily.
I. Posting links to other websites or individuals, without prior written permission from tidewaterwomen.com.
J. Posting chain letters or pyramid schemes.
K. Impersonating another person or entity.
L. Registering under more than one name and/or e-mail address.
M. Distributing viruses or other harmful computer code.
N. Harvesting or otherwise collecting information about others, including email addresses, without their consent.
O. Allowing any other person or entity to use your identification for posting or viewing comments.
P. Posting the same note more than once or "spamming".
Q. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of tidewaterwomen.com, exposes tidewaterwomen.com or any of its customers, partners or suppliers to any liability or detriment of any type.
R. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form).
If you disregard this warning and post personal or confidential information (yours or others) on the tidewaterwomen.com website, which you later want removed, there is a fee of up to $25 to remove each posting. You must submit your removal request in writing, including the URL(s) you want removed. Also you must include your User ID and Password along with a U.S. check or money order for up to $25 for each URL you wish to have removed to: Tidewater Women, 3065 Mansfield Lane, Virginia Beach, VA 23457 USA
Once the complete URL removal request is received in writing, Tidewaterwomen.com will make every effort to remove the posting in a timely manner.
ENFORCEMENT OF THE RULES
Tidewatewomen.com reserves the right (but is not obligated) to do any or all of the following:
1. Record the dialogue in public chat rooms.
2. Investigate an allegation that a communication does not conform to these Terms and Conditions and determine in its sole discretion to remove or request the removal of the communication.
3. Remove communications which it determines, in its sole discretion, to be abusive, illegal, or disruptive, or that otherwise fail to conform to these Terms and Conditions.
4. Terminate a user's access to any or all Public Areas and/or the tideaterwomen.com website upon any breach of any of these Terms and Conditions.
5. Terminate a user's access to any or all Public Areas and/or the tidewaterwomen.com website if the user's registration information and/or e-mail address is no longer valid.
6. Monitor, edit, or disclose any communication in the Public Areas.
7. Edit or delete any communication posted on the tidewaterwomen.com website, regardless of whether such communication violates these standards.
Tidewaterwomen.com reserves the right to take any other action it deems necessary to protect the personal safety of our guests, visitors, or the public.
Tidewaterwomen.com conforms to the Children's Online Privacy Protection Act [COPPA]. We will never knowingly request personally identifiable information from anyone under the age of 13 without parental consent.
When we do receive information (with parental consent) from users under the age of 13, we will never voluntarily share their personally identifiable information with third parties, regardless of their stated preference given at registration.
All registered members of the tidewaterwomen.com website are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to their tidewaterwomen.com passwords or accounts. It is the registered members' sole responsibility to (A) control the distribution of their passwords or account information; (B) authorize, monitor, and control access to and use of their tidewaterwomen.com account and password; (C) inform tidewaterwomen.com of any need to deactivate their password or change their registration, as soon as possible.
ACCESS AND AVAILABILITY OF SERVICES AND LINKS
Tidewaterwomen.com may contain links to other related World Wide Web Internet sites, resources and sponsors of tidewaterwomen.com. Selection of an ad banner or link will redirect you off of tidewaterwomen.com to a third party Web site. Interactions that occur between you and the third party are strictly between you and such third party and are not the responsibility of tidewaterwomen.com. We are not responsible for examining or evaluating, and do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Tidewaterwomen does not assume any liability or responsibility for the actions, product, availability or content of these outside resources. You should direct any concerns regarding any external link to the site administrator or Webmaster of the third party website.
REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant (a) that no materials of any kind submitted by you or tidewaterwomen.com's use thereof in accordance with the terms and conditions of this Agreement, will (1) violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights; (2) contain unlawful material or reflect unlawful activities; (3) constitute false or misleading indications of origin or statements of fact; (4) slander, libel or defame any person or entity; or (5) cause injury of any kind to any person or entity; or (6) violate any applicable laws, rules, regulations or other governmental regulations; and (b) that you are at least 18 years old or the applicable age of majority in your jurisdiction and possess the legal authority to enter into this Agreement.
You hereby agree to indemnify, defend and hold tidewaterwomen.com and its officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Service or the foregoing representations, warranties and covenants, including, without limitation, reasonable attorneys' fees. You shall cooperate as fully as reasonably required in the defense of any claim. Tidewaterwomen.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You shall not enter into any settlement agreement, which affects the rights of tidewaterwomen.com without Tidewater Women’s prior written approval.
Tidewaterwomen.com neither represents nor endorses the accuracy or reliability of any advice, opinion, statement or other information displayed, uploaded, or distributed through tidewaterwoment.com by any user, information provider or any other person or entity. Tidewaterwomen.com, all services available and any materials provided by tidewaterwomen.com or third parties through tidewaterwomen.com are provided “AS IS”.
Tidewaterwomen.com makes no warranties, express or implied, as to the merchantability, fitness for a particular use or purpose, title, non-infringement or any other warranty, condition, guaranty, or presentation, whether oral, in writing or in electronic form, including but not limited to the accuracy, timeliness or usefulness or any materials provided. Tidewaterwomen.com does not guarantee that your access to tidewaterwomen.com and/or the services available thereon will be continuous, uninterrupted, error-free or secure and make no warranty as to the results to be obtained from use of tidewaterwomen.com.
You hereby acknowledge that the use of tidewaterwomen.com and the services available thereon is at your sole risk.
You may not use any device, software or routine to interfere or attempt to interfere with the proper working of tidewaterwomen.com or the underlying platform. You may not take any action, which imposes an unreasonable or disproportionately large load on our or our any of our providers' infrastructures. You may not disclose or share your password with any third parties or use your password for any unauthorized service. You shall be solely responsible for all use or misuse of your password, except to the extent caused directly by tidewaterwomen.com.
Tidewaterwomen.com may, in its sole discretion, terminate or suspend your access to tidewaterwomen.com or refuse service at any time, without notice, to all or part of tidewaterwomen.com for any or no reason, including, without limitation, breach of these Terms of Service or the infringement of copyrights owned by third parties.
Tidewaterwomen.com, including, without limitation, its authorized agents and employees may terminate your use of tidewaterwomen.com without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (1) restricting, inhibiting or disrupting any tidewaterwomen.com event or (2) attempting to alter or improperly access any feature or function of tidewaterwomen.com. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user or any tidewaterwomen.com employee; post content (including, but not limited to, the creation of a username) that is offensive or otherwise disruptive of tidewaterwomen.com activities; post unsolicited advertising; or improperly impersonate a tidewaterwomen.com employee or other individual.
Windmill Promotions Inc./Tidewater Women Magazine/tidewaterwomen.com is based in Virginia Beach, Virginia, USA, Tidewaterwomen.com makes no claims that the Content is 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 tidewaterwomen.com website 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 these Terms and Conditions for any reason whatsoever: Limitation of Liability / Disclaimer of Warranties, Indemnification, User Submissions, Jurisdiction, and Complete Agreement.
These Terms of Service, the Privacy Statement and any other terms referenced in this Agreement constitute the entire agreement between you and tidewaterwomen.com with respect to your access and use of tidewaterwomen.com and supersede all prior or contemporaneous agreements (whether oral, written or electronic) between you and tidewaterwomen.com with respect to tidewaterwomen.com and its services. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. Tidewaterwomen.com may assign these Terms of Service (1) to any of its affiliates, (2) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of tidewaterwomen.com or (3) in connection with the sale of tidewaterwomen.com or the business unit associated with it.