User Agreement Welcome to the Bitchsession.com (the "Website")! We hope you have as much fun on the Website as we do. Like any ordinary bitch session with your friends there are certain rules for use of the Website. Ours are as follows: Legal Obligation. This User Agreement forms a contract between Window Media, LLC ("us" or "we") and you. By using the Website you agree to the terms of this User Agreement and our Privacy Policy. If you do not agree to terms of this User Agreement, please stop using the Website. Modification. We may occasionally modify the terms of this User Agreement and post the revised User Agreement on the Website. You agree to these modifications and agree to review this User Agreement regularly. Registration. In order to register with the Website and post comments, you must be at least 18 years of age. If you register and obtain a password, you agree to truthfully complete the registration process. You should not let any one else use your password and you agree to notify us immediately if you become aware that some one (other than you) is using your account. You are responsible for all activities that occur under your password or account. Bitchsession.com Etiquette. Just like a bitch session among friends, have fun, be funny, show us how clever you are, but don’t be a total jerk! Avoid hate speech, racism, sexism, homophobia (need we say it), defaming someone’s religion, nationality or ethnic group, and anything that is designed to hurt someone. Avoid harassing or defaming others. Avoid violating any law or the rights of others. Respect others’ copyrights and intellectual property (so no posting of pirated materials). This is not a sex site, so no pornographic images. You may not use the Website for commercial purposes without our written consent (see Kevin L. Smith at ksmith@window-media.com for advertising). Editorial Supervision. We reserve the right to edit or delete comments we find inappropriate or a poor fit for the Website. We may also excerpt all or part of your comments, edit them and use them in one or more of our publications. Responsibility for Content. We are not responsible for anything posted by any user on the Website. You are responsible for anything that you write, say, upload, e-mail, post or otherwise transmit to the Website. User Submissions; License to Display and Use Your Content. A. As a member of Bitchsession.com, you may submit comments and textual content ("User Comments") and photographic images and video content ("User Images" and collectively with User Comments, "User Submissions"). B. You represent and warrant to us that you created your User Submissions and that they are not the work of a third party. You also represent and warrant that you have all patent, trademark, trade secret, copyright or other proprietary rights to your User Submissions and that your User Submissions and the posting of them on the Website will not violate the rights of any third party. C. You retain ownership of your User Submissions. However, you grant us (and our affiliates) a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Website and our business, including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions as permitted through the functionality of the Website. The above licenses granted by you in User Submissions continue even after you remove or delete your User Submissions from the Website. The above licenses granted by you in User Submissions are perpetual and irrevocable. For example, we may use your User Submissions in any of our publications (whether in paper or electronic format, and whether or not on-line). These publications include Washington Blade, Southern Voice, Baltimore Blade, Express South Florida, Genre Magazine, David Atlanta Magazine, Houston Voice, Bitch Session, 411 Magazine – South Florida, and 411 Magazine – Central Florida. Don’t Be Offended. Try not to be too sensitive or take anything on the Website too seriously. It is supposed to be for fun. We are not responsible for any links to websites owned by third parties or the content of those websites. Reservation of Rights. You agree that the Website contains content, which is protected by copyright, trademark, patent, trade secret and other laws and that Window Media, LLC owns all rights in this content (other than User Submissions or rights of third parties). Except for your User Submissions, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, or sell any content on the Website, including any User Submission made by someone other than you. Security Components. You agree that the Website and related software contain security components. You agree not to tamper with or attempt to override or disable any security component or operational rule or mechanism of the Website. Privacy. Our privacy policy sets forth the steps we take to protect your privacy. It also describes the limited circumstances under which we may use information that you provide to us. We update this policy from time to time and it is incorporated into this User Agreement. Disclaimer of Warranties. USE OF THIS SITE IS PROVIDED "AS IS, WHERE IS," AS AN ACCOMMODATION, AND WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WINDOW MEDIA, LLC BE LIABLE FOR DAMAGES TO YOU FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICES PROVIDED HEREUNDER FOR DAMAGES OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY OR ERROR SHALL BE TO REQUEST THAT WINDOW MEDIA, LLC CORRECT THE MATTER OR, IF WE FAIL TO DO SO, TO DISCONTINUE YOUR PARTICIPATION AS A MEMBER AND USE OF THE WEBSITE AT YOUR OPTION. Limitation on Liabilities. We have no liability to you for any special, direct, indirect, incidental or consequential damages of any sort including, without limitation, damages for personal injury, loss of profits or savings, loss of use, or any other damages, whether based on strict liability or negligence, whether resulting from your use of the Website, any content on the Website or otherwise. Your sole and exclusive remedy for breach of this User Agreement by us is to stop using the Website. Indemnification. You agree to indemnify us and hold us harmless from and against any and all losses, claims, liens, suits, damages and liabilities (and all costs and expenses including, without limitation, reasonable attorneys’ fees and costs) related to your use of the Website, your breach of this Agreement, any of your User Submissions, or any breach or infringement by you of the rights of a third party. Digital Millennium Copyright Act. A. If you believe that the Website contains material infringing upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") to our Copyright Agent. Our designated Copyright Agent is Michael K. Kitchens (mkitchens@window-media.com). Your notice should comply with 17 U.S.C. § 512(c)(3) and include the following information in writing: A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. B. Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to our Copyright Agent: Your physical or electronic signature; Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Atlanta, Georgia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Copyright Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion. Miscellaneous. A. Entire Agreement. You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms. You further agree that this is the complete and exclusive statement of the agreement of the parties with respect to the subject matter hereof. This Agreement may be modified by Window Media, LLC but may not be modified by you. B. Choice of Law and Forum. This Agreement and the parties' obligations hereunder shall be governed, construed, and enforced in accordance with the laws of the State of Georgia without regard to choice of law provisions. You and Window Media, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within Fulton County, Georgia. C. Severability. In the event that any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions shall be enforced to the maximum extent permitted by applicable law. D. Limitations on Transferability. We may assign this agreement without your consent. You may not assign your rights under this agreement without our written consent. Your rights hereunder are personal to you and terminate upon your death. E. Waiver. The waiver by us of any term or condition of this User Agreement shall not be deemed to constitute a continuing waiver thereof nor of any further or additional right that we may hold under this User Agreement. F. Headings. The headings in this User Agreement are inserted for convenience only and shall not be used to define, limit or describe the scope of this User Agreement or any of the obligations herein. G. Events Outside Our Control. We are not obligated to perform this User Agreement during any period in which such performance is delayed by circumstances beyond our reasonable control, including, but not limited to, acts of God, fire, flood, war, embargo, strike, riot or the intervention of any governmental authority. If you have any questions about this User Agreement, please contact us at 404-876-1819. I HAVE READ THIS USER AGREEMENT AND AGREE TO ALL THE PROVISIONS SET FORTH ABOVE. Copyright © Window Media, LLC. All rights reserved. Bitchsession.com is a trademark of Window Media, LLC.