Terms & Conditions
Welcome to the Distinguished Young Women website!
This website is owned and operated by Distinguished Young Women Foundation, doing business as Distinguished Young Women. Any references herein to “the website” shall be deemed to refer to the Distinguished Young Women website and/or Distinguished Young Women, as applicable under the circumstances. As used in these Terms of Use and Service, “we,” “us,” and “our” refer to Distinguished Young Women, and all entities it controls, is controlled by, or is under common control with.
These Terms and Conditions spell out what you can expect from us and what we expect from you. By accessing any areas of Distinguished Young Women, users (“Users”) agree to be legally bound and to abide by the terms set forth below.
I. INTELLECTUAL PROPERTY
Distinguished Young Women is a service mark of Distinguished Young Women Foundation or its affiliates. All rights reserved. These and other Distinguished Young Women graphics, logos and service marks and trademarks of Distinguished Young Women may not be used without our prior written consent. All other trademarks, product names, and company names and logos appearing on Distinguished Young Women are the property of their respective owners.
II. DISCLAIMERS AND LIMITATION OF LIABILITY
User expressly agrees that use of Distinguished Young Women is at User's sole risk. Neither Distinguished Young Women nor its affiliates nor any of their officers, directors, or employees, agents, third-party content providers, merchants, sponsors, licensors (collectively, Providers), or the like, warrant that the website will be uninterrupted or error free, nor do they make any warranty as to the results that may be obtained from the use of the website, or as to the accuracy, reliability, or currency of any information content, service, or materials provided through the website.
THIS SITE IS PROVIDED BY DISTINGUISHED YOUNG WOMEN ON AN “AS IS” AND “AS AVAILABLE” BASIS. DISTINGUISHED YOUNG WOMEN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DISTINGUISHED YOUNG WOMEN DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DISTINGUISHED YOUNG WOMEN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY DISTINGUISHED YOUNG WOMEN NOR ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PROVIDERS, OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE.
Under no circumstance shall Distinguished Young Women or any other party involved in creating, producing, or distributing the website be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the website, including but not limited to reliance by User on any information obtained from the website or that results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to Distinguished Young Women's records, programs or services. User hereby acknowledges that this paragraph shall apply to all content, materials, and services available through Distinguished Young Women. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is
III. CONTENT
A. PROPRIETARY RIGHTS
User acknowledges that the website contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and Distinguished Young Women owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. User may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, Users may make copies of select portions of the Content, provided that the copies are made only for User's personal use and that User maintains any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C.A. Section 107), User may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
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B. DISTRIBUTION/UPLOADING OF THIRD-PARTY CONTENT
Except as set forth in Section III(A) above, User may upload to or otherwise distribute on Distinguished Young Women only Content that is not subject to any copyright or other proprietary rights protection (collectively, “Public Content”), or Content in which the author has given express authorization for distribution on the World Wide Web. Any copyrighted or other proprietary Content distributed with the consent of a copyright owner should contain a phase such as “Copyright, owned by [name of owner]; used by permission.” The unauthorized submission or distribution of copyrighted or other proprietary Content is illegal and could subject the User to criminal prosecution as well as personal liability for damages in a civil suit. User will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission. Neither Distinguished Young Women, nor its affiliates, nor any of their officers, directors, employees, agents, Providers, or the like, will be liable for any damage resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such User submission. In compliance with the Digital Millennium Copyright Act, Users and other persons can report an infringement to Distinguished Young Women at the following email address: Website@DistinguishedYW.org. By submitting Content to any area of this Website, including without limitation any product reviews or participation in any chat rooms, user automatically grants, or warrants, that the owner of such Content has expressly granted Distinguished Young Women the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, publish, translate, sublicense, copy and distribute the Content in whole or in part worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such Content. User also permits any other User to access, store, or reproduce the Content for that User's personal use. Subject to this grant, the owner of Content placed on the website retains any and all rights which may exist in such Content.
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C. THIRD-PARTY CONTENT
Distinguished Young Women is a distributor and not a publisher of Content supplied by third parties and Users. Distinguished Young Women has no more editorial control over such Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties, including Providers or any other User of Distinguished Young Women, are those of the respective authors or distributors and not of Distinguished Young Women or its affiliates or any of their officers, directors, employees or agents. Neither Distinguished Young Women nor its affiliates, nor any of their officers, directors, employees or agents, nor any third party, including any Provider, or any other User of Distinguished Young Women, guarantees the accuracy, completeness or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through Distinguished Young Women represents the opinions and judgments of the respective Provider, or User not under contract with Distinguished Young Women. Distinguished Young Women neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Distinguished Young Women by anyone other than authorized Distinguished Young Women employees. Under no circumstances shall Distinguished Young Women, or its affiliates, or any of their officers, directors, employees or agents be liable for any loss, damage or harm caused by User's reliance on information obtained through Distinguished Young Women. It is the responsibility of User to evaluate the information, opinion, advice, or other Content available through the website.
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D. EXPORT
The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. User agrees to abide by these laws and their regulations—including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the website to either a foreign national or a foreign destination in violation of such laws.
IV. ONLINE CONDUCT
User agrees to use Distinguished Young Women only for lawful purposes. User is prohibited from posting on or transmitting through Distinguished Young Women any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law.
If Distinguished Young Women is notified of allegedly infringing, defamatory, damaging, illegal or offensive content provided by User (e.g., through an online review or chat room), Distinguished Young Women may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the website. Distinguished Young Women may disclose any Content or electronic communication of any kind: (i) to satisfy any law, regulation or government request; (ii) if such disclosure is necessary or appropriate to operate Distinguished Young Women; or (iii) to protect the rights or property of the website, its Users or Providers.
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Distinguished Young Women reserves the right to prohibit conduct, communication, or Content that it deems in its sole discretion to be harmful to individual Users, the website, the communities that make up Distinguished Young Women, or any rights of Distinguished Young Women or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither the website nor its Providers can ensure prompt removal of questionable Content after online posting. Accordingly, neither Distinguished Young Women, nor its affiliates, nor any of their officers, directors, employees or agents, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or Content on the website.
V. PRIVACY POLICY
In accordance with the terms of Distinguished Young Women's Privacy Policy, the website respects the privacy of its Users. To view our Privacy Policy, click here: Privacy Policy.
VI. TERMINATION OF USAGE
Distinguished Young Women may terminate User's access, or suspend User's access to all or part of the website, without notice, for any conduct that Distinguished Young Women, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another User, a third party Provider, a service provider, or Distinguished Young Women.
VII. APPLICABLE LAW
This site is created and controlled by Distinguished Young Women in the State of Alabama. As such, the laws of the State of Alabama will govern the disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Distinguished Young Women reserves the right to make changes to its site and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submission of any litigation arising out of or relating to use of the website to the exclusive jurisdiction of the courts of the State of Alabama located in Mobile County, or the courts of the United States of America located in the Southern District of Alabama. User agrees not to commence any litigation relating thereto except in such courts and waives any objection to the laying of venue of any such litigation in such courts, and agrees not to plead or claim in any said court that such litigation brought therein has been brought in an inconvenient forum.
VIII. SEVERABILITY
The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
IX. ACKNOWLEDGMENT
These Terms and Conditions, including all documents referenced herein, represent the entire understanding between you and Distinguished Young Women regarding your relationship with the website and supersedes any prior statements or representations. By using the Distinguished Young Women website, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. The aforementioned Terms and Conditions are subject to change at any time without notice to you.