Terms and Conditions

Any user that accesses all or any part of the Cosmetic Executive Women, Inc. (“CEW”) web site located at www.cew.org (the “Site”) agrees that use of the Site constitutes acceptance of these Terms and Conditions and the Privacy Policy for the Site. Each time a user accesses the Site and/or becomes a member, the Terms and Conditions and the Privacy Policy should be reviewed because CEW reserves the right to change them from time to time without notice. Your continued use of the Site after such changes have been made constitutes your acceptance of such changes.

Use Prohibited by Users Under 18 and Site Access and Security
The Site and the services provided on and through the Site may not be accessed or used by any individuals that are not at least eighteen years old. By accessing and using the Site you represent and warrant that you are at least eighteen years old.

Use of the Site and User Content
If you are a member of CEW, which you may become by registering on the Site via an on-line registration form, you agree to be responsible for the security and confidentiality of your password and identification needed to access those parts of the web site that are only available to members. You agree that you are responsible and liable for all uses of and action taken with your password and identification, irrespective of whether used by you personally.

The Site contains a large variety of information, including data, images, videos, comment sections, event listings, discussion forums, CEW’s career center, CEW’s mentoring program, and other materials which are posted by CEW or Site users. You should use caution and common sense when viewing and/or using any part of the Site. You agree that you are solely responsible for your use of any part of the Site and you agree to use the Site at your own risk. As a condition of your use of the Site, you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You acknowledge that you are solely responsible for your actions and interactions with others on, and any content that you post, submit, email or otherwise transmit to, the Site.

User Representations and Warranties
You represent and warrant to all of the following if you use the Site, submit or post any content to the Site or participate on the Site in any way:

  1. All content and materials that you submit or provide or that is submitted or provided through your member account shall be accurate, complete and true and you will promptly update and delete such information, content and materials as necessary to keep it current, accurate, complete and true.
  2. The content and materials submitted through your member account or submitted, provided or posted by you shall not be threatening, inflammatory, harassing, abusive, obscene, racially or ethnically or otherwise objectionable, libelous, defamatory, contain any pornography, involve any type of solicitation for a sweepstakes, contest or any products or services, or in any way violate any applicable laws, regulations or orders or any contractual rights of any third party or infringe upon or misappropriate any copyright, trademark, privacy, intellectual property or proprietary right of any third party. You agree that you will not post or submit any content or information to the Site that does not generally pertain to the theme or subject matter of the Site.
  3. You shall not submit or post any content protected by copyright or other intellectual property rights without the express permission of the owner of such content. By submitting or posting content, you warrant and represent that you own the copyright with respect to such content. In addition, you grant CEW and users of the Site a royalty free, nonexclusive, perpetual license to display, copy, reproduce, edit, publish, distribute, transmit, print, use, sublicense and otherwise exploit such copyrighted content worldwide in any manner, for any purpose and through any medium whatsoever.
  4. You shall not make publicly available or distribute to any third party any personally identifiable information about any other members or users of the Site, including, without limitation, addresses, phone numbers and email addresses.
  5. You shall not impair, disable or otherwise adversely affect the Site or the functionality or operation of the Site, including without limitation, submitting, posting or uploading any materials that contain viruses or disabling code, files or programs. You shall not use any spiders, automated programs, scripts, robots or any similar devices that either obtain information from the Site or affect the Site.

Ownership of Site Content
All information, content, and data (including, without limitation, designs, videos, text, graphics and pictures, and their format, arrangement and selection) (the “Site Content”), on the Site is owned by CEW and its third party providers, with all rights reserved. CEW and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. The Site Content may not be reproduced, transmitted or distributed without entering into an agreement with CEW or its third party providers or obtaining CEW’s or its third party providers’ express written permission. Any use of any content or the materials on the Site may violate copyright, trademark and other laws. However, you may download or print one copy of any portion of the Site Content solely for your personal, non-commercial use, provided that such copy has all proprietary and copyright notices posted on such content. You may not republish or distribute in any manner the Site Content on any medium or in any manner and may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database. The use of any data mining, robots or any type of data gathering or extraction methods on the Site is prohibited. The name of the Site and the designs and icons of the Site are trademarks of CEW, and may not be copied, used or imitated, without the prior written permission of CEW.

Videos containing people or images of people on the Site are either the property of CEW or are used by CEW with permission. The use of these videos and/or images by you are expressly prohibited unless permitted by the Terms and Conditions and Privacy Policy of the Site, or unless you have obtained express written permission from the owners of the videos and/or images, and the people featured therein, to use such videos and images.

Advertising
CEW may have content, promotions, logos and advertisements of third parties on the Site, which may link to their web sites. Any dealings, correspondence or contact that you may have in connection with such third parties, and any terms, conditions, warranties or representations associated with such dealings, correspondence or contact that you may have are solely between you and such third parties. You agree that CEW shall not be responsible for any losses or damages of any kind associated with or arising from any dealings, correspondence or contact that you may have with such third parties.

CEW Conferences
The Site features listings to various CEW events. While we attempt to provide accurate information about our events on the Site, we do not warrant or guarantee that such information and advertisements are accurate, complete and reliable. When you register for an event, your personal information that you give us, as well as your credit card or debit card transactions made through us are protected using SSL encryption technology.

Career Center
CEW operates a career center on the Site where you can post your resume and where employers and recruiters that are authorized by CEW can view and obtain a copy of your resume. While CEW uses reasonable efforts for your resume to be viewed by only those employers and recruiters which are authorized by CEW, CEW cannot guarantee that other third parties may not gain access to your resume through the Site. Additionally, while CEW provides a means for the removal of your resume from the Site, CEW is not responsible for the use of your resume by employers and recruiters and the privacy of your resume once the employers and recruiters obtain it from the Site. CEW also makes no guarantees with respect to obtaining any employment whatsoever by posting your resume on the Site.

Terminating Access and Removal of Content
You agree that CEW has the right (but not the obligation) to access and remove any content posted on the Site in its sole discretion and without notice, and without liability. Without limiting the foregoing, CEW shall have the right to remove, edit, move, restrict access to or close, in whole or in part, any content that violates these Terms and Conditions, or any content that CEW believes is otherwise objectionable.

We reserve the right to terminate access to any member or user at any time and for any reason, with or without cause, without prior notice to you and without any liability or obligation to you or any other party. Upon such termination, you must immediately cease accessing or using the CEW Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that CEW reserves the right to take action – technical, legal or otherwise – to block or deny you from accessing the Site. You understand that CEW may exercise this right in its sole discretion.

Disclaimers and Limitation of Liability
THE SITE AND THE SITE CONTENT ARE PROVIDED “AS IS”. CEW MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE AND THE SITE CONTENT OR THE RESULTS TO BE OBTAINED FROM USING THE SITE AND THE SITE CONTENT. CEW (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY USER'S USE OF THE SITE AND THE SITE CONTENT OR ANY INACCURACIES, ERRORS OR OMISSIONS IN THE SITE OR THE SITE CONTENT. CEW (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) SHALL HAVE NO LIABILITY WITH RESPECT TO ANY FAULTS, INTERRUPTIONS OR DELAYS IN PROVIDING THE SITE OR THE SITE CONTENT. CEW DOES NOT GUARANTEE OR WARRANT THAT THE SITE WILL BE UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, OR FREE OF VIRUSES. CEW (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENT, INCLUDING, BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL CEW (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR OTHER DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO, LIABILITY FOR LOSS OF PROFITS, DATA, CONTENT, REPUTATION OR GOODWILL), WITHOUT REGARD TO THE FORM OF ANY ACTION, INCLUDING BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE SITE CONTENT OR ANY SITES OR ANY CONTENT ACCESSED BY USE OF THE SITE. IN THE EVENT THAT CEW (ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AFFILIATES) ARE DETERMINED TO HAVE ANY LIABILITY WITH RESPECT TO THE SITE OR THE SITE CONTENT OR ANY SITES OR ANY CONTENT ACCESSED BY USE OF THE SITE, IN NO EVENT SHALL CEW’S (ITS OFFICERS, DIRECTORS, EMPLOYEES AND AFFILIATES) AGGREGATE LIABILITY TO ANY USER EXCEED TEN DOLLARS ($10.00).

TO THE EXTENT THAT THE SITE CONTAINS CONTENT PROVIDED BY THIRD PARTIES, SUCH INFORMATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CEW DOES NOT INVESTIGATE THE LEGITIMACY, VALIDITY, ACCURACY AND LEGALITY OF SUCH INFORMATION AND EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY ARISING OUT OF OR RELATED TO ANY THIRD PARTY CONTENT.

Indemnification
You agree to indemnify and hold harmless CEW, its officers, directors, employees and affiliates (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including reasonable attorney’s fees and court costs) that the Indemnified Parties may incur arising out of or relating to (i) the breach by you of any provision, in whole or in part, of these Terms and Conditions, (ii) any information, material or content posted, provided or uploaded on the Site by you or through use of your password or identification or (iii) any use of the Site by you or through use of your password or identification.

Infringing Material
If you believe that any content or materials on the Site infringes upon any copyright that you own or control, you shall provide written notice to the Designated Agent set forth below:

Claudia Flowers, COO
Cosmetic Executive Women, Inc.
159 West 25th St - 8th Floor
New York, NY 10001

Phone: (646)929-8011
E-mail: cflowers@cew.org

The Digital Millennium Copyright Act requires that such notification must be in writing and include all of the following information:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the material that is claimed to have been infringed or, if multiple copyrighted works of a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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 CEW to locate the material.
  4. Information reasonably sufficient to permit CEW to contact the complaining party, such as an address, telephone number and if, available, an electronic mail address at which the complaining party may be contacted.
  5. A statement that the complaining party has 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.
  6. 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 infringing.

Links
Any and all links to other web sites contained in the Site are provided for the convenience of those who wish to access other web sites quickly and efficiently. CEW is not responsible for and does not endorse or make any representations whatsoever regarding the materials provided on any other web sites or providers of any information contained on any web sites that link to the Site and has no responsibility for the use and privacy of user’s information on any web sites that are also linked to or from the Site.

Release
In the event that you have a dispute with one or more of the members or users of the Site, you hereby irrevocably release CEW and its officers, directors, employees and affiliates from any claims, demands or damages, direct or consequential, of any kind, known or unknown, disclosed and undisclosed, arising out of, related to or in connection with any such dispute. In addition, you waive any rights provided by state law that provide that a general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor.

Governing Law and Venue
All disputes and claims arising out of or relating to the Site, the Site Content, these Terms and Conditions or the Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the State of New York, without giving effect to its conflict of laws provisions. You acknowledge and agree that CEW has the right to seek injunctive relief (including preliminary and temporary relief) to protect its proprietary rights or to prevent any unauthorized use of the Site or the Site Content, without the posting of any bond or proof of any actual damages. You agree that the sole jurisdiction and venue for resolving all claims and disputes is the Borough of Manhattan in the City of New York in the State of New York and you waive any defenses of inconvenient forum or lack of personal jurisdiction.

General
These Terms and Conditions and the Privacy Policy constitute the entire agreement between you and CEW regarding the use of the Site and the Site Content. If any provision of these Terms and Conditions is deemed invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. CEW’s failure to enforce any right or provision shall not be deemed a waiver of such right or provision. Headings are for convenience only and should not be given any interpretative effect.

Effective Date

These Terms and Conditions are effective as of November 23, 2010.

Initial Message