|Terms and Conditions of the use of the WSPW.com
These Terms and Conditions apply when you access our website to use Women's
Sports Photo World (WSPW.com) services. Before using our services,
you should read these Terms and Conditions carefully. If you find yourself
unable to agree to them, then you must not use our website.
WSPW.com may amend these Terms and Conditions at any time by posting the
amended Terms and Conditions on our web site (the Site) and
announcing such changes in the website updates page.
Except as stated below, all amended Terms and Conditions shall be automatically
effective after they are posted on the Site.
1. General Information
1.1 Contacting WSPW.com:
Managing Editor: Sara Scott
8452 New Salem St. #22
San Diego Calif. 92126 USA
E-Mail: info at wspw dot com
2. Membership Eligibility
2.1 Our services are available only to individuals who have the capacity
to form legally binding contracts under the law applicable to these Terms
and Conditions. Without limiting the foregoing, our services are not available
to minors (under 18 years of age). If you do not qualify, you are not permitted
to use our services and no contract will be formed between you and WSPW.com.
Further, our services are not available to temporarily or indefinitely suspended
3. Formation of Contract
3.1 By using and browsing the WSPW.com website, and/or otherwise accessing
and using WSPW content, the user indicates his/her agreement with these Terms
3.2 WSPW.com in their absolute discretion reserves the right to refuse, suspend
or cancel membership of any member.
3.3 These Terms and Conditions shall override any contrary terms or conditions
published by WSPW.com or appearing on this web site pertaining to members.
3.4 In consideration of WSPW.com agreeing to the members use of the
Site, the member agrees to comply with these Terms and Conditions.
4. Fees and Services
4.1 Registering to use our site and its Services (as defined below) is currently
free of charge. WSPW.com reserves the right to change its fee policy and
the fees charged for the Services from time to time. Changes to the policy
will become effective fourteen (14) days after notice of the changes have
been posted on the announcements board of the Site. However, WSPW.com may
choose to temporarily change the fees for special services offered from time
to time. Such changes become effective immediately upon posting notice of
the changes on the announcements board. In these instances, you will have
an opportunity to review and accept the fees that you will be charged for
the use of the service. Unless otherwise stated, all fees are quoted in United
States Dollars. You are responsible for paying all fees associated with using
the Services and the Site and all applicable taxes.
WSPW.com.com accepts no responsibility for taxes etc on transactions effected
as a direct or indirect result of the use of the Site.
5. The Site
5.1 WSPW.com reserves the right to change the content, presentation, performance,
user facilities and availability of any part of the Site at its sole discretion
and without notice. It is the members responsibility to refer to and
update itself in relation to any changes made. Any such changes will become
effective upon posting by WSPW.com.
5.2 WSPW.com does not warrant any continuity of connection, transmission
over security or results from the use of any network connection or facilities
provided or omitted to be provided in connection with the use of the Site.
5.3 Where WSPW.com provides hyperlinks to a third parties website, WSPW.com
shall not take any responsibility for nor does it make any warranties,
representations or undertakings about the content of any other web-site which
may be referred to or accessed by the hyperlink and WSPW.com does not endorse
or approve the content of such third parties web-sites.
5.4 WSPW.com makes no warranty as to the continuous availability of the Site,
but shall use reasonable endeavours to keep down time to a minimum.
6. WSPW.com.com is only a Venue
6.1 The opinions expressed on this Site are those of the contributing
individuals. If you act on anything that is said or done you must do so on
the basis of a considered decision of your own, having weighed up the pros,
cons and risks thereby fully accepting the responsibility for the success
or failure of your actions. Under no circumstances shall WSPW.com be liable
for direct, indirect, or incidental damages resulting from your use of
information, commentary, advice or other content on the Site. You agree to
indemnify WSPW.com against any actions, claims, proceedings, or liabilities
arising from your use of the content of the Site.
7. Your Information
7.1 "Your Information" is defined as any information you provide to WSPW.com
or other users during registration, in any public message area, through feedback
or any e-mail or form features
7.2 Your Information and conduct (or any items listed therein) shall not:
* be false, inaccurate or misleading
* be fraudulent or involve the sale of counterfeit or stolen items
* infringe any third party's copyright, patent, trade mark, trade secret
or other proprietary rights or rights of publicity or privacy
* violate any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
anti-discrimination or false advertising)
* be defamatory, trade libellous, unlawfully threatening or unlawfully harassing
* be obscene, blasphemous, contain any pornography including without limitation
child pornography or other legally resricted material
* contain any viruses, Trojan horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data
or personal information
* create liability for us or cause us to lose (in whole or in part) the services
of our ISPs or other suppliers
* impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with anyone or anything
* post or transmit chain letters, pyramid schemes, advertising, promotional
materials, or other solicitation except as where explicitly requested by
7.3 To enable WSPW.com to use the information supplied, such that we are
not violating any rights you might have in that information, you agree to
grant WSPW.com a non-exclusive, worldwide, perpetual, irrevocable, royalty-free
licence and the right to sub-license (through multiple tiers) to use the
copyright, publicity and other intellectual property rights you have in Your
Information, in any media now known or not currently known. WSPW.com will
7.4 You are responsible for all statements made and acts that occur through
the use of your membership and password. Please don't disclose your password
to anyone. If your password has been stolen, you must let us know. WSPW.com
may at any time, and at its sole discretion, terminate your membership without
prior notice to you for violating the above provisions.
7.5 While WSPW.com cannot review all transmissions by members in the forum,
we reserve the right to, and may from time to time, monitor any information
transmitted or received through our service. WSPW.com, at our sole discretion
and without further notice to you, may review, remove, or otherwise block
any information (including posts to message boards) that we deem inappropriate
or that violates any of this agreement.
8. Access and Interference
8.1 You agree that you will not use any robot, spider, other automatic device,
or manual process to monitor or copy our web pages or the content contained
herein without the prior written consent of WSPW.com.
8.2 You agree that you will not use any device, software or routine to interfere
or attempt to interfere with the proper working of the Site.
8.3 You agree that you will not take any action that imposes an unreasonable
or disproportionately large load on the Sites infrastructure.
8.4 Much of the information on the Site is updated on a real time basis and
is proprietary or is licensed to WSPW.com by our users or third parties.
You agree that you will not copy, reproduce, alter, modify, create derivative
works, or publicly display any content (except for Your Information) from
the Site without the prior written consent of WSPW.com or the appropriate
third party, with the exception of downloading or printing a single copy
for yourself for offline viewing.
9.1 Without limiting other remedies, WSPW.com may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your membership and
refuse to provide the Services to you if:
* you breach this Agreement or the documents it incorporates by reference
* WSPW.com are unable to verify or authenticate any information you provide
to us; and
* WSPW.com believe that your actions may cause legal liability for you, our
members or us
11. No Warranty
11.1 The Site including, without limitation, its contents, functionality,
performance and features are provided on an as available basis
at the members sole risk and without representations or warranties
of any kind and to the full extent permitted by law. WSPW.com and other parties
involved in creating, producing or delivering the Site expressly exclude
all warranties, conditions or terms express or implied, statutory or otherwise
including without limitation any warranty as to satisfactory quality or any
warranty or commitment that access or use will be uninterrupted or error
12. Liability Limit
12.1 Nothing in this agreement is intended to limit or exclude any liability
on the part of WSPW.com where and to the extent that applicable law prohibits
such exclusion or limitation.
12.2 Subject to the above statement, in no event shall WSPW.com or its suppliers
be liable for any: lost profits; lost sales; lost business; lost opportunity;
lost information; lost anticipated savings; or special, indirect or consequential
damages (however arising, including as a result of negligence) arising out
of or in connection with this agreement.
12.3 Accordingly subject to clause 13.1, you agree not to bring a claim of
any nature against WSPW.com in relation the use of or access to the Site,
except where such a claim cannot be excluded by law. You acknowledge and
agree that WSPW.com will have the right (subject to the discretion of the
Court) to a stay of proceeding if you bring any claim against WSPW.com in
breach of the foregoing.
13.1 You agree to indemnify, defend and hold harmless WSPW.com and its
subsidiaries, affiliates, officers, directors, agents, and employees, from
and against any claim, demand, liability, cost, damage or lost it may incur,
including legal fees, made by any third party due to or arising out of your
breach of this Agreement or the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
14. Legal Compliance
14.1 You shall comply with all applicable laws, statutes, ordinances and
regulations regarding your use of our service.
15.1 All notices required to be served on WSPW.com shall be sent to the contact
address stated in clause 1 or to the e-mail address of WSPW.com.
16.1 Any controversy or claim arising out of or relating to this Agreement
or WSPW.coms Services shall be settled by an arbitration tribunal
designated by WSPW.com. Any such controversy or claim shall be arbitrated
on an individual basis, and shall not be consolidated in any arbitration
with any claim or controversy of any other party. The arbitration shall be
conducted in the United States., and judgment on the arbitration award may
be entered into any court having jurisdiction thereof. Either you or WSPW.com.com
may seek any interim or preliminary relief from a court of competent jurisdiction
in the U.S. necessary to protect the rights or property of you or us pending
the completion of arbitration.
17. Intellectual Property
17.1 You acknowledge that the ownership in any intellectual property rights
(including, for the avoidance of doubt, patents, copyright, rights in databases,
trade marks and trade names) in the Site belongs to WSPW.com or its third
party licensors. Accordingly, any part of this Site (or its source HTML code)
may not be used, transferred, copied or reproduced in whole or in part in
any manner other than for the purposes of utilising this Site, meaning that
you may only display it on its computer screen and print it out on its printer
for the sole purpose of viewing its content in connection with the Services.
17.2 Copyright and all other intellectual property rights subsisting in each
and every piece of information provided on the Site is owned by WSPW.com
or the third party providers of such information. You may use information
retrieved from the Site only for the purposes of the Services.
17.3 WSPW.com reserves the right in accordance with the license granted under
clause 7.3 to license and republish the material contributed by you. Any
work republished will be with proper attribution to the author.
17.4 No person other than the rightful owner or licensee of any copyright
and other intellectual property rights may:
17.4.1 distribute, modify, transmit, re-use, re-post, or use any or all of
the information on this Site for any purpose other than as set out above
nor for public or commercial purposes without WSPW.com's or the relevant
licensee's prior written permission;
17.4.2 provide hypertext links, URL Links, graphic links, hyperlinks or other
direct connection for profit or gain to the WSPW.com Services without WSPW.com's
or the relevant licensee's prior written permission;
17.4.3 display, publish, copy, print, post or otherwise use the WSPW.com
Services and the information contained therein for the benefit of any other
website without WSPW.com's or the relevant licensee's prior written permission;
17.4.4 process or otherwise use the information contained on or within the
WSPW.com Services for any illegal or immoral purpose nor use or process the
17.5 You agree and accept that WSPW.com may publish or otherwise distribute
your Information and you therefore grant to WSPW.com an irrevocable, perpetual,
non-exclusive right and licence to publish the Submissions and all content
contained therein on or within the Site, on any other media whatsoever and
in its own advertising and promotion.
17.6 You therefore hereby undertake to WSPW.com to indemnify and hold harmless
WSPW.com in full and defend at its own expense WSPW.com against all claims,
liabilities, costs and losses whatsoever and howsoever incurred by WSPW.com
its servants or nominees arising out of any claim made against it in any
jurisdiction in the world for infringement of any intellectual property rights
of any third party caused by your use of the Site and your Information.
17.7 WSPW.com, WSPW.com.com, the WSPW.com.com logo and the WSPW.com logo
are trade names or trademarks of WSPW.com, the use of which is expressly
forbidden by any other persons without the express permission of WSPW.com.
17.8 WSPW.com makes no warranty or representation in respect of any other
trade mark or trading name, symbol or device, all of which are hereby
acknowledged. If you have any questions in relation to the use of any marks
contained within the WSPW.com Services please contact WSPW.com at the address
18.1 This Agreement shall be governed in all respects by the laws of the
State of California and the United States of America, as if the Agreement
was a contract wholly entered into and wholly performed within California.
18.2 If any provision of this Agreement is held to be invalid or unenforceable,
such provision shall be struck out of these Terms and Conditions and the
remaining provisions shall remain in force. Headings are for reference purposes
only and in no way define, limit, construe or describe the scope or extent
of such section. WSPW.coms failure to act with respect to a breach
by you or others does not waive our right to act with respect to subsequent
or similar breaches.