Binding Agreement

By accessing all or any part of the Cosmetic Executive Women, Inc. web site located at www.cew.org (the “Site”), you agree to be bound by these Terms and Conditions of Use (the “Terms of Use” and the Privacy Policy posted on this Site.  IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY, YOU SHOULD NOT USE, ACCESS, VIEW OR SUBMIT ANY INFORMATION THROUGH THE SITE

Cosmetic Executive Women, Inc. is hereinafter referred to as “CEW,” and the user of this Site or any of the services, content, information and programs provided and/or made available on and/or through this Site is hereinafter referred to as “You” or “user.”  If an individual is accessing this Site on behalf of its employer or another entity then “You” or “user” shall include such individual and such employer or other entity.

Amendments and Updates to Terms of Use

Each time a user accesses or views the Site, the Terms of Use and the Privacy Policy should be reviewed because CEW reserves the right to change them from time to time without notice.  Changes will become effective ten (10) days after they are posted on the Site.  Your continued use of the Site after such changes are posted on the Site constitutes your acceptance of such changes.

Use Prohibited by Individuals Under 18

This Site is intended for the exclusive use of adults over eighteen (18) years of age.  The Site and the services, content, information and programs provided or made available on and/or through the Site may not be accessed or used by any individuals that are not at least eighteen (18) years old. By accessing and using the Site you represent and warrant that you are at least eighteen (18) years old.

Updates and Modification

Content and materials on this Site may be changed, removed or updated at any time without notice.  While CEW uses reasonable efforts to maintain the accuracy of the content and information on this Site, the possibility exists that some materials could include errors, inaccuracies, or out of date information, and CEW is under no obligation to update such material. 

As set forth in further detail below, the term “Content” shall mean and include, but may not be limited to, all information, materials, contents, publications, services, text, pictures, photographs, audio, video, graphics, logos, marks, displays, images, applications and software and the design, selection and arrangement thereof on the Site.

Accessing the Site; Account Security

CEW cannot guarantee continuous access to the Site, and your operation of the Site may be interfered with by numerous factors outside of CEW’s control.  CEW reserves the right to withdraw or amend the Site, and any service or material provided on the Site, in its sole discretion without notice.  CEW will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period.  From time to time, CEW may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

If you are a member of CEW (which you may become by registering on the Site via an online registration form) and/or if you are provided with or create a user name or password or any other piece of information as a part of CEW’s security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.  You agree to notify CEW immediately of any unauthorized access to or use of your user name or password or any other breach of security.  CEW has the right to disable any user name, password or other identifier, whether chosen by you or provided by CEW, if, in CEW’s sole discretion, you or anyone using the Site with your credentials have violated any provision of these Terms of Use.  You agree that you are responsible and liable for all uses of and action taken with your user name, password or other identifier, irrespective of whether used by you personally.

Data Security

CEW uses reasonable safeguards to protect the security, integrity and privacy of personally-identifiable information you provide to CEW through this Site.However, you must carefully consider what information you share through the Site, as CEW cannot guarantee that it will be able to block all attempted attacks on the Site or that any of your personally-identifiable information stored on CEW’s servers or transmitted to or from the Site will be free from unauthorized access.  NO METHOD OF TRANSMISSION OVER THE INTERNET OR METHOD OF ELECTRONIC STORAGE IS COMPLETELY SECURE.

TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, CEW DISCLAIMS AND SHALL HAVE NO LIABILITY FOR ANY LOSS OF, UNAUTHORIZED ACCESS TO, DAMAGE TO OR INTERCEPTION OF ANY OF YOUR PERSONALLY-IDENTIFIABLE INFORMATION BEING STORED ON ITS SERVERS OR ON THE SITE OR TRANSMITTED TO OR FROM THE SITE. Note that CEW will also not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the site.

Use of the Site

The Site contains a large variety of information, including data, images, videos, comment sections, event listings, discussion forums, employment opportunity information, mentoring information, 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 agree that 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 Contributions

This Site may contain message boards, chat rooms, comment sections, discussion forums, employment opportunities, mentoring opportunities, profiles, forums, bulletin boards and other interactive features that allow you to post, submit, publish, display or transmit to other users or other persons (hereinafter “post”) content or materials (collectively, “User Contributions”) on or through the Site.

All User Contributions must comply with the Content Standards set out in these terms of use.

Any User Contribution you post to the Site will be considered non-confidential and non-proprietary.  By providing any User Contribution on the Site, you grant CEW and its affiliates, licensees, successors and assigns the royalty-free, nonexclusive and perpetual right to use, copy, reproduce, modify, edit, publish, transmit, print, sublicense perform, display, distribute and otherwise exploit any such material worldwide in any manner, for any purpose and through any medium whatsoever.

With respect to any User Contributions you submit, you represent and warrant that:

  1. You own or control all rights in and to the User Contributions and have the right to grant the license granted above to CEW and its affiliates, licensees, successors and assigns; and
  2. All of your User Contributions do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you, not CEW, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.

CEW is not responsible, or liable to you or any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Site.

Monitoring and Enforcement; Termination

CEW has the right to:

  1. Remove or refuse to post any User Contributions for any or no reason in CEW’s sole discretion;
  2. Take any action with respect to any User Contribution that CEW deems necessary or appropriate in its sole discretion, including if CEW believes that such User Contribution violates these Terms of Use, including the Content Standards, infringes on any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public or could create liability for CEW;
  3. Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
  4. Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site; and/or
  5. Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation any violation of these Terms of Use.

Without limiting any of the foregoing, CEW has the right to fully cooperate with any law enforcement authorities or court order requesting or directing CEW to disclose the identity or other information of anyone posting any materials on or through the Site.  YOU HEREBY WAIVE AND HOLD HARMLESS CEW FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY CEW DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A RESULT OF ITS INVESTIGATION AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER CEW OR LAW ENFORCEMENT AUTHORITIES.

Notwithstanding the foregoing, CEW cannot, and does not undertake to, review all material before it is posted on the Site, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, CEW assumes no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.  CEW assumes no liability or responsibility to anyone for any act or omission relating to this section.

User Responsibilities; 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, submit any User Contributions 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 comply with the Content Standards set forth herein.
  3. 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.
  4. You shall not harvest or otherwise collect, or 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.
  6. You agree to use this Site in a manner that does not, in CEW’s sole judgement, negatively reflect on the good will or reputation of CEW or any of its affiliates.

You may link to CEW’s home page, provided you do so in a way that is fair and legal and does not damage or take advantage of CEW’s reputation.  You must not establish a link in such a way as to suggest any form of association, approval or endorsement on CEW’s part.

The Site may provide certain social media features that enable you to link from your own or certain third-party websites to certain contents on the site, send emails or other communications with certain content (or links to certain content) on this Site or cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.  You may use these features solely as they are provided by CEW, solely with respect to the content they are displayed with and otherwise in accordance with any additional terms or conditions CEW may provide with respect to such features.  Subject to the foregoing, you must not take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms of Use.  You agree to cooperate with CEW in causing any unauthorized linking to immediately cease.  CEW reserves the right to withdraw linking permission without notice.  CEW may disable any or all social media features and any links at any time without notice to you and in CEW’s sole and absolute discretion.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of this Site.  User Contributions must, in their entirety, comply with all applicable federal, state, local and international laws and regulations.  Without limiting the foregoing, User Contributions shall not:

  1. Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
  2. Promote sexually explicit or pornographic material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  3. Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
  4. Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use or this Site’s Privacy Policy, available here;
  5. Be likely to deceive any person;
  6. Promote any illegal activity, or advocate, promote or assist any unlawful act;
  7. Impersonate any person, or misrepresent your identity or affiliation with any person or organization; or
  8. Give the impression that they emanate from or are endorsed by CEW or any other person or entity, if this is not the case.

Ownership of Site Content; Trademarks and Copyrights; Limitations

All information, content, and data on the Site is owned by CEW and/or its third party providers.  All rights are reserved.  All information, materials, contents, data, publications, services, text, pictures, photographs, audio, video, graphics, logos, marks, displays, images, applications and software and the design, selection and arrangement thereof (the “Site Content”) are owned or licensed CEW, its licensors or other providers of such material and are protected by U.S. and international copyright, trademark, patent, trade secret and other intellectual property or other proprietary rights laws.  CEW and its third party providers retain all copyright, intellectual property rights and other proprietary rights to the Site Content. You agree that you have no rights with respect to the Site Content, except the limited and revocable rights provided by the Site to access and use the Site Content as provided in these Terms of Use.  Except as explicitly provided in these Terms of Use or with CEW’s prior express written permission, you agree not to store in any form, distribute, transmit, display, reproduce, republish, modify, create derivative works from, sell or otherwise exploit any of the Content or any portion of the Site for any commercial purpose.  Except where expressly prohibited, you may display and occasionally print a single 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, but you may not otherwise reproduce any of the Site Content or material appearing on the Site without CEW’s prior express written consent, which may be withheld in CEW’s sole and absolute discretion.  You may not republish or distribute the Site Content on any medium or in any manner for any commercial purpose.  You may not incorporate the Site Content or any components of the Site Content into any aggregated data, any compilation or any database.

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 is expressly prohibited except in accordance with these Terms of Use and the Site’s Privacy Policy and only if 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.

All trademarks, service marks, related names, logos, trade dress, trade names, product and service names, designs and slogans (collectively, the “Marks”), including but not limited to those Marks displayed or used on the Site, are registered or common law trademarks of CEW or its affiliates or licensors and are protected by U.S. and international trademark laws. Nothing contained on this Site or in these Terms of Use grants you any right to use, misuse, copy, reproduce, download, transmit, modify or distribute any of the Marks without the prior written permission of CEW or that of the respective owner(s).  CEW reserves the right to protect its Marks to the fullest extent of the law if prior written permission is not obtained.  Moreover, the Marks may not be used in connection with any product or service in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits CEW.  The names of all other products and services mentioned on this Site may be trademarks or service marks of their respective owners.

The use of any type of data gathering or extraction methods on the site is prohibited.  You shall not use or attempt to use any “scraper,” “robot,” “bit,” “Spider,” “data mining,” code or any other automated device, program, tool, algorithm, process or methodology to access, acquire, copy or monitor any portion of the Site, or any of the Site Content, without the express written consent of CEW.

You are prohibited from using any of the Content to harass, advertise, solicit, contact or sell to any individual or entity.

Advertising; Links from this Site

This Site may contain content, promotions, logos and advertisements of third parties and/or links to various third party sites.  CEW may not be affiliated or associated with sponsors of sites that hyperlink to or from this Site or other sites.  The linked sites are not under CEW’s control, and CEW is not responsible for the content of any linked site or any link contained in a linked site.  CEW makes no representations or warranties as to the information, goods or services offered through those sites, and by having a link on this Site to any third party site, CEW is not endorsing the information, goods or services offered through those sites.  You should review the terms of use and privacy policies of those sites, as you will be bound by them when visiting those sites.  You proceed to those external sites at your own risk.  NEITHER CEW NOR ITS OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL BE LIABLE FOR DAMAGES OF ANY KIND ARISING OUT OF THE ACCESS TO, USE OF, OR RELIANCE UPON ANY LINKS OR POINTERS TO INFORMATION CREATED OR MAINTAINED BY OTHERS ON THIS SITE.  CEW has no responsibility for the use and privacy of user’s information on any linked sites.  CEW reserves the right to terminate any link or linking program at any time. 

Reliance on Information Posted:

The information presented on or through the Site (including listings relating to various CEW events) is made available solely for general information purposes.  CEW does not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  CEW disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of its contents. 

This Site may include content provided by third parties, including materials provided by other users, bloggers and/or advertisers.  All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by CEW, are solely the opinions of and the responsibility of the person or entity providing such materials.  These materials do not necessarily reflect the opinion of CEW.  CEW is not responsible for, or liable to you or any third party for, the content or accuracy of any materials provided by any third parties.

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. As set forth in further detail in the Site’s Privacy Policy, available here, 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, 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 Use, or any content that CEW believes, in its sole discretion, is otherwise objectionable.

CEW reserves 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 and without notice to you.

Disclaimers

THE SITE, THE SITE CONTENT AND THE SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CEW DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, THE SITE CONTENT AND THE SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR ANY PARTICULAR PURPOSE.  CEW MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE CONTENT, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SITE, WITHOUT LIMITATION, RELATING TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE AND THE SITE CONTENT.  CEW MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WITH RESPECT TO THE RESULTS THAT MAY BE OBTAINED FROM USING THE SITE AND THE SITE CONTENT. CEW DOES NOT GUARANTEE THAT THIS SITE OR THE SITE CONTENT, SERVICES OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE ACCESSIBLE, UNINTERRUPTED, WITHOUT DELAY, ERROR-FREE, OMISSION-FREE, THAT DEFECTS WILL BE CORRECTED OR FREE OF VIRUSES OR HARMFUL CODE.  YOU ASSUME ALL RISKS ASSOCIATED WITH THE USE AND OPERATION OF THE SITE AND ALL CONTENT, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE USE OF THIS SITE.

TO THE EXTENT THAT THE SITE CONTAINS CONTENT PROVIDED BY THIRD PARTIES INCLUDING USERS OF THE SITE, 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.

Limitation of Liability

EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CEW, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES 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), IRRESPECTIVE OF 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, THE SERVICES OR THE MATERIALS PROVIDED ON OR THROUGH THE USE OF THE SITE, OR INABILITY TO USE, OR 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 OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL CEW, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES BE LIABLE FOR ANY FAULTS, INTERRUPTIONS OR DELAYS IN PROVIDING THE SITE OR THE SITE CONTENT.  IN THE EVENT THAT CEW OR ANY OF ITS AFFILIATES OR ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES 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, ITS AFFILIATES AND ITS AND THEIR OFFICERS, DIRECTORS, TRUSTEES, AGENTS, REPRESENTATIVES, VOLUNTEERS AND EMPLOYEES AGGREGATE LIABILITY TO ANY AND ALL USERS OF THE SITE OR ANY OF THE CONTENT, SERVICES, APPLICATIONS, SOFTWARE OR MATERIALS PROVIDED ON OR THROUGH USE OF THE SITE EXCEED TEN DOLLARS ($10.00).

Indemnification

You agree to indemnify and hold harmless CEW, its affiliates and its and their officers, directors, trustees, agents, representatives, volunteers and employees (individually and collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, costs, losses, claims, demands and expenses (including, without limitation, reasonable attorney’s fees and court costs) that the Indemnified Parties may incur arising out of or relating to: (i) your use of this Site or the Site Content; (ii) your use of the goods or services offered on the Site; (iii) the breach or an alleged breach by you of any provision, in whole or in part, of these Terms of Use or the Privacy Policy; (iv) any information, material or content posted, provided or uploaded on the Site by you or through use of your user name, password or other identification; or (v) any use of the Site through use of your user name, password or other identification.

Infringing Material

If you believe that any content or materials on the Site infringes upon any copyright or intellectual property right that you own or control, you must submit a written notice that complies with the requirements set forth below to the following Designated Agent:

Claudia Flowers, COO
Cosmetic Executive Women, Inc.
159 West 25th St – 8th Floor
New York, NY 10001
E-mail: cflowers@cew.org

The Digital Millennium Copyright Act (“DMCA”) 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 the claim involves multiple works on the Site, a representative list of such works.
  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
  7. A statement, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.

If you fail to comply with all of the foregoing requirements, your DMCA notice may not be effective.  Please be aware that if you knowingly materially misrepresent that material or activity on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

If you believe that material you posted on the Site was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with CEW by submitting written notice to the Designated Agent set forth above.  Pursuant to the DMCA, such counter-notification must include substantially the following:

  1. Your physical or electronic signature.
  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
  3. Information reasonably sufficient to permit CEW to contact you, such as an address, telephone number and if, available, an electronic mail address at which you may be contacted.
  4. A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material.
  5. A statement that you will consent to the jurisdiction of the Federal District court for the judicial district in which your address is located and that you will accept service from the person (or an agent of that person) who provided the Site with the complaint at issue.

The DMCA allows CEW to restore the removed content if the party filing the original DMCA notice does not file a court action against you within ten business days of receiving the copy of your counter-notification.  Please be aware that if you knowingly materially misrepresent that material or activity on the Site was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

It is CEW’s policy, in appropriate circumstances, to disable and/or terminate the accounts of users who are repeat infringers.

Privacy Policy

All information CEW collects on this Site is subject to CEW’s Privacy Policy.  By using the Site, you consent to all actions taken by CEW with respect to your information in compliance with the Privacy Policy and you agree to the terms of the Privacy Policy.

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, trustees, agents, representatives, volunteers, 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 of Use or the Privacy Policy, including, without limitation, tort claims, shall be governed by the laws of the United States of America and the State of New York, without regard to conflict of law principles. 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. In the event of any claim or dispute arising out of or relating to these Terms of Use or the Privacy Policy, you agree to the exclusive jurisdiction in the courts located in the Borough of Manhattan in the City of New York in the State of New York and you waive any defenses of inconvenient forum, immunity, or lack of personal jurisdiction, except that with respect to any injunctive action brought by CEW against you, CEW also has the right to bring an action against you in any court that has jurisdiction.

Except to the extent prohibited by applicable law, each user of the Site waives any and all rights to a jury trial with respect to any claim arising out of or relating to the Site or any Content, services or materials provided in or through the Site. 

Except to the extent prohibited by applicable law, you waive any and all rights to bring or litigate any claim or dispute relating to the Site or any Content, services or materials provided in or through the Site as a class action, either as a member of a class or as a representative.

General

These Terms of Use, together with 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 of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the maximum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

CEW’s failure to act with respect to a breach of these Terms of Use or the Privacy Policy by you or others does not waive CEW’s right to act with respect to subsequent or similar breaches.  CEW does not guarantee that it will take action against all breaches of these Terms of Use or the Privacy Policy.

Headings are for convenience only and should not be given any interpretative effect.

Contact CEW

If you have any questions about these Terms of Use, the practices of this Site, your dealings with the Site or the work of CEW, you may contact CEW at membership@cew.org or by writing to:

Cosmetic Executive Women, Inc.
159 West 25th St – 8th Floor
New York, NY 10001

Effective Date

These Terms and Conditions are effective as of January 31, 2019.