DigitalEve Membership Agreement/Terms of Use

DigitalEve, a Washington 501(c)(6) non-profit corporation, is an organization devoted to promoting and educating women in the field of new media technology. Welcome to DigitalEve's Web site (the "Site")! These terms of use ("Site Terms") apply exclusively to your access to, and use of, the Site so please read them carefully. They do not alter in any way the terms or conditions of any other agreement you may have with DigitalEve for other products or services.

DigitalEve reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective upon posting of the revisions and notice of such changes to the Site. Your continued use of this Site following the posting of its changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review the Site Terms and applicable policies from time-to-time to understand the terms and conditions that apply to your use of the Site.

BY ACCESSING, BROWSING, AND USING THIS SITE, OR BECOMING A MEMBER OF DIGITALEVE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED BELOW, ALL POLICIES AND GUIDELINES INCORPORATED BY REFERENCE, AND ANY SUBSEQUENT CHANGES TO THE FOREGOING. IF YOU DO NOT AGREE TO THESE SITE TERMS OR ANY SUBSEQUENT MODIFICATION, DO NOT ACCESS, BROWSE OR OTHERWISE USE THIS SITE.

If you have any question regarding the use of the Site, please refer to the Frequently Asked Questions . All other questions or comments about the Site or its contents should be directed to info@digitaleve.org.

Privacy Policy

DigitalEve believes strongly in protecting user privacy and providing you notice of DigitalEve's collection and use data, including personally identifying information, collected from the Site. Therefore, DigitalEve has adopted a Privacy Policy that you should refer to in order to fully understand how DigitalEve uses and collects information. [insert link to Privacy Policy]

Respect and Responsibility

  • I agree to abide by the general Site Terms ;
  • I agree to treat all other members respectfully;
  • I agree to honor the DigitalEve bylaws and other policies;
  • I understand that DigitalEve has the right to terminate my membership with or without cause, as outlined in the bylaws and policies included below.
  • I understand that if I perform certain volunteer work for DigitalEve, I will be required to sign relevant agreements and respect the policies and procedures which govern these activities.

Online Responsibility

Members who wish to remain in active standing must subscribe to, at minimum, the local Announcements List. This allows DigitalEve to provide all of its members with timely information. You can also subscribe to DigitalEve Discussion Lists and International Topical Lists. We encourage all members to do the following:

  1. Communicate messages regarding topics that are directly relevant to our mission: Technology, Business, Women in Business, Career Growth, Addressing the Digital Divide and Education.
  2. View the detailed List Guidelines, and when in doubt about the appropriateness of a message, refer back to these rules. For further questions please refer to the list moderator.

Members agree to do the following:

  1. Refrain from sending out jokes, spam and/or advertisements.*
  2. Be respectful of other members on your lists. This community is here to support women in technology, regardless of race, ethnicity, religion, creed, politics, sexual preference or skill level.*
  3. Refrain from e-mail harvesting - downloading personal information of other DigitalEve members for the purpose of collecting the information for sale, rental or otherwise, marketing to other members, or sending non-solicited materials not relevant to members' needs or interests. Violation of this rule will be grounds for immediate suspension, action or termination of DigitalEve membership status.*
  4. Follow Privacy Rules. All messages posted to any DigitalEve lists are considered private unless noted otherwise by the original author of the message. Forwarding posts without first obtaining specially written permission from the original member who posted it will be seen as a serious violation of privacy and may result in suspension of mailing list privileges and/or termination of membership status.*
  5. Include no attachments to emails. Except for designated lists, attachments will not be allowed on our mailing lists. This includes HTML mail, file attachments, electronic business cards, vcards, etc. This is primarily for two reasons: (1) it is the most effective way to prevent the spread of viruses on our lists, and (2) most attachments are large and take up valuable space.

*Violation of the above rules may be cause for suspension of mailing list privileges. Please refer to the most recent DigitalEve Discussion list Policies listed at www.digitaleve.org.

All members must make every effort to practice respect and appreciation for every other member. A central aim of this organization is to being supportive towards other women in their efforts in the technology field. If you choose not to be supportive, then please do not post your thoughts, unless it is constructive criticism. List Mediators have the ability to limit the posting access of people who choose to be unsupportive. People who make highly negative postings and postings that clearly are an attack on another member should expect to have their posting access taken away. DigitalEve reserves the right to make all such decisions regarding posting access and membership status.

The integrity of DigitalEve as an organization that serves its members worldwide depends on adherence to policies that protect the respect and privacy of members. Any member found violating this basic privacy principle will lose posting privileges immediately, pending an investigation by a peer review board.

License and Site Access

DigitalEve grants you a limited license to make personal use only of the Site. Such grant does not include, without limitation: (a) any resale or commercial use of the Site or content therein; (b) the collection and use of any product listings or descriptions; (c) making derivative uses of the Site and its contents; or (d) use of any data mining, robots, or similar data gathering and extraction methods. Except as noted above, you are not conveyed any right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of DigitalEve or any third party.

You may not use, frame or utilize framing techniques to enclose any DigitalEve trademark, logo or other proprietary information (including the images found at this Site, the content of any text or the layout/design of any page or form contained on a page) without DigitalEve's express written consent. Further, you may not use any meta tags or any other "hidden text" utilizing a DigitalEve name, trademark, or product name without DigitalEve's express written consent.

Any unauthorized use of this Site will terminate the permission or license granted by these Site Terms and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes. All violators will be prosecuted to the fullest extent of the law.

Copyright

All copyrighted and copyrightable materials on this Site, including, without limitation, the DigitalEve logo, design, text, graphics, pictures, sound files and other files, and the selection and arrangement ("Materials") thereof are ALL RIGHTS RESERVED Copyright 2001 DigitalEve and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of DigitalEve or the respective copyright owner. Permission is granted to display, copy, distribute and download the Materials on this Site for personal, non-commercial, and informational use only; provided that, you may not, without the permission of DigitalEve or the respective copyright owner, (a) copy, publish, or post any Materials on any computer network or broadcast or publications media, (b) modify the Materials, and (c) remove or alter any copyright and other proprietary notices contained in the Materials.

Copyright Complaints

DigitalEve respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide DigitalEve's copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Site;
  • 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, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

DigitalEve's Copyright Agent for notice of claims of copyright infringement on this Site is Melanie Fagerberg, who can be reached as follows:

Melanie Fagerberg Riddell Williams P.S.
1001 Fourth Avenue, #4500
Seattle, WA 98154-1065
Phone: (206) 624-3600
Fax: (206) 389-1708
E-mail: mfagerberg@riddellwilliams.com

Trademarks and Service Marks

DigitalEve, the DigitalEve logo, and the products and services described in this Site, including without limitation any registered or unregistered trademarks, are either trademarks, service marks or registered trademarks of Company and its suppliers and licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of DigitalEve or its suppliers or licensors. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of DigitalEve, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of DigitalEve. All other trademarks, registered trademarks, product names and DigitalEve names or logos mentioned herein are the property of their respective owners.

Third-Party Content

This Site includes discussion forums and interactive areas, including chat rooms and bulletin board services ("BBS"). The forums and interactive areas shall be used only for non-commercial purposes. By using the forums or interactive areas, you agree not to do any of the following:

  • Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
  • Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;
  • Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;
  • Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and
  • Without DigitalEve's written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

DigitalEve takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, DigitalEve is only a forum and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page.

Enforcement

DigitalEve has the right, but not the obligation, to monitor any activity and Content associated with its forums and interactive areas. DigitalEve may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. DigitalEve reserves the right and has absolute discretion, to remove, screen or edit any Content that violates these provisions or is otherwise objectionable. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect DigitalEve's systems and customers, or to ensure the integrity and operation of DigitalEve's business and systems, DigitalEve may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content. DigitalEve's right to disclose any such information shall govern over any terms of Digital Eve's Privacy Policy.

Responsibility for Your Conduct

You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site, including the discussion forums or interactive areas of the Site. You agree to indemnify and hold harmless DigitalEve from any claim, action, demand, loss, or damages (including attorneys' fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these Site Terms, or your violation of any rights of a third party.

Linking

Links to the Site. You are granted a limited, non-exclusive right to create a hyperlink to this Site provided such link does not portray DigitalEve or any of its products and services in a false, misleading, derogatory or otherwise defamatory manner. You may not use a DigitalEve logo or other proprietary graphic or trademark of DigitalEve to link to this Site without the express written permission of DigitalEve. This limited right may be revoked at any time.

Third-Party Links. DigitalEve makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of sites accessible by hyperlink from this Site, or sites linking to this Site. The linked sites are not under the control of DigitalEve and DigitalEve is not responsible for the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. DigitalEve is providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by DigitalEve of the site or any information contained therein. When leaving the DigitalEve site, you should be aware that DigitalEve's terms and policies no longer govern, and, therefore, you should review the applicable terms and policies, including privacy and data gathering practices, of that site.

Submissions

You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to DigitalEve, or postings on this Site, are non-confidential (subject to DigitalEve's Privacy Policy) and shall become the sole property of DigitalEve. And further, unless a separate agreement between you and DigitalEve applies, DigitalEve shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to DigitalEve, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. This section means that if you don't want the information to be shared with others, or want to retain full ownership and control of the materials, you should not post it on the Site or provide it to DigitalEve until you are confident that your concerns are satisfied.

Export Restrictions

Any software and all underlying information and technology downloaded from this Site (collectively the "Software") by you may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. 2401 et seq.) and the Export Administration Regulations ("EAR", 50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are responsible for complying with all trade regulations and laws both foreign and domestic. Except as authorized by law, you agree and warrant not to export or re-export the Software to any county, or to any person, entity, or end-user subject to U.S. export controls, including without limitation persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration's Denied Parties List and the U.S. Department of Treasury's Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Disclaimers

"AS IS" BASIS. THIS SITE AND THE MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THIS SITE, INCLUDING ALL CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THIS SITE, IS AT YOUR SOLE RISK.

WARRANTY DISCLAIMER. DIGITALEVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, MATERIALS, CONTENT, SERVICES AND PRODUCTS ON THE SITE. DIGITALEVE DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. DIGITALEVE IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE DIGITALEVE ATTEMPTS TO ENSURE YOUR ACCESS AND USE OF THE SITE IS SAFE, DIGITALEVE CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

DigitalEve reserves the right to change any and all content contained on this Site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by DigitalEve.

Limitation of Liability

IN NO EVENT SHALL DIGITALEVE BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE OR THE MATERIALS CONTAINED IN, OR ACCESSED THROUGH, THIS SITE.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGITALEVE (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF DIGITALEVE'S SITE EXCEED $5.00 OR THE COMPENSATION YOU PAID DIGITALEVE, WHICHEVER IS LESS.

Certain laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

Applicable Law and Venue

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Washington applicable to agreements made and entirely to be performed within the State of Washington without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in state or federal court located in King County, Washington, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

Termination

Notwithstanding any of these terms and conditions, DigitalEve reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Severability

If any provision of these Site Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

DigitalEve depends on the good will and cooperation of its members to succeed in fulfilling its mission. Should any DigitalEve member have any questions, inquiries, comments and suggestions can be sent to info@digitaleve.org and DigitalEve will make every reasonable effort to reply and address member comments and concerns.