Terms of Service

Last Updated: October 5, 2018

Welcome to the wogrammer, Inc. (“wogrammer”) website located at wogrammer.org (the “Site”). Please read carefully these Terms of Service (the “Terms”) and our Privacy Policy wogrammer.org/privacy-policy because they govern your use of our Site and our services, which are accessible via our Site and share the stories and achievements of female software engineers. To make these Terms easier to read, the Site and our services are collectively called the “Services.”

Agreement to Terms

By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services.  If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

Privacy Policy

Please refer to our Privacy Policy wogrammer.org/privacy-policy for information on how we collect, use, and disclose information from our users.  You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

Changes to Terms or Services

We may update the Terms at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms on the Site or through other communications. It’s important that you review the Terms whenever we update them or you use the Services.  If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

Who May Use the Services

Eligibility

We encourage guests of all ages to visit and browse the Site. However, use of the Services  is not directed to children who are under 13 years of age (and in certain jurisdictions under the age of 16), not capable of forming a binding contract with wogrammer, and barred from using the Services under applicable law.  If you are under the age of 18, you must have a parent’s permission to access and use the Services.

Nomination

If you want to nominate yourself or another woman for wogrammer, you will have to complete the form located here. It’s important that you provide us with accurate, complete, and up-to-date information in the form and that you update such information, as needed, to keep it accurate, complete, and up-to-date.

If you have been nominated by another person and wish to opt out of the nomination, you may withdraw your nomination by contacting wogrammer at hello@wogrammer.org.

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at hello@wogrammer.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, transferable license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Content and Content Rights

For purposes of these Terms: (a) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided, or otherwise made available through the Services; and (b) “User Content” means any Content that you or other users provide to be made available through the Services, including but not limited to Content that you submit in a nomination form. Content includes without limitation User Content.

Content Ownership and Responsibility

Content Ownership

wogrammer does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content. Subject to the foregoing, wogrammer and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights. You acknowledge that the Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services or Content.

Rights in User Content Granted by You

By making any User Content available through the Services you hereby grant to wogrammer a non-exclusive, transferable, worldwide, royalty-free license, permission, and consent, with the right to sublicense: (a) to use, copy, modify, create derivative works based upon, distribute, publicly display, and publicly perform your User Content in connection with operating and providing the Services and Content; and (b) to use your name (including any professional name and/or nickname), likeness, image, voice, recorded performances, and biographical information in connection with operating and providing the Services and Content.

You are solely responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant us the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by wogrammer on or through the Services will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Rights in Content Granted by wogrammer

Subject to your compliance with these Terms, wogrammer grants you a limited, non-exclusive, non-transferable, license, with no right to sublicense, to view, copy, display, and print the Content solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.

General Prohibitions and wogrammer’s Enforcement Rights

You agree not to do any of the following:

  • Post, upload, publish, submit, or transmit any Content that: (a) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading, or deceptive; (d) is defamatory, obscene, pornographic, vulgar, or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances.

  • Use, display, mirror, or frame the Services or any individual element within the Services, wogrammer’s name, any wogrammer trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without wogrammer’s express written consent;

  • Access, tamper with, or use non-public areas of the Services, wogrammer’s computer systems, or the technical delivery systems of wogrammer’s providers;

  • Attempt to probe, scan or test the vulnerability of any wogrammer system or network or breach any security or authentication measures;

  • Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by wogrammer or any of wogrammer’s providers or any other third party (including another user) to protect the Services or Content;

  • Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by wogrammer or other generally available third party web browsers;

  • Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

  • Use any meta tags or other hidden text or metadata utilizing a wogrammer trademark, logo URL or product name without wogrammer’s express written consent;

  • Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms;

  • Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information;

  • Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

  • Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services;

  • Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

  • Impersonate or misrepresent your affiliation with any person or entity;

  • Violate any applicable law or regulation; or

  • Encourage or enable any other individual to do any of the foregoing.

    Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

Links to Third Party Websites or Resources

The Services may contain links to third party websites, social media platforms or resources and other websites may reference or link to our Site or Services. These other websites, social media platforms or resources are not controlled by us.  We provide these links only as a convenience, and we are not responsible for, and do not endorse or make any representations about, the content, products or services on or available from those websites, social media platforms or resources. You acknowledge sole responsibility for, and assume all risk arising from, visiting or using any third party websites, social media platforms or resources.

Termination

We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services, the following provisions will survive: Feedback, Content Ownership, Rights in User Content Granted by You, General Prohibitions and wogrammer’s Enforcement Rights, Warranty Disclaimers, Indemnity, Limitation of Liability, Governing Law, General Terms, and this sentence of Termination.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.

Indemnity

You will indemnify and hold harmless wogrammer and its officers, directors, employees, and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services or Content, (b) your User Content, or (c) your violation of these Terms.

Limitation of Liability

NEITHER WOGRAMMER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WOGRAMMER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL WOGRAMMER’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WOGRAMMER AND YOU.

Governing Law

Except as otherwise provided herein, these Terms and any action related thereto will be governed by the laws of the State of California without regard to its conflict of laws provisions.  Any dispute over privacy or the terms of wogrammer’s Privacy Policy will be governed by the laws of the United States and adjudication of any such disputes will be in accordance with wogrammer’s Privacy Policy.

General Terms

These Terms constitute the entire and exclusive understanding and agreement between wogrammer and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between wogrammer and you regarding the Services and Content. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without wogrammer’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. wogrammer may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by wogrammer under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

wogrammer’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of wogrammer. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.


Contact Information

If you have any questions about these Terms or the Services, please contact wogrammer at hello@wogrammer.com.