Girlboss Rally Content Portal Terms of Use

Effective Date: February 15, 2017

 
 

These Girlboss Rally Content Portal Terms of Use (“Content Portal Terms”) apply when you purchase a digital ticket through the Girlboss Rally content portal located at girlboss.com/rally/digital (the “Rally Content Portal”), register to use the Rally Content Portal and access, use or visit content made available through the Rally Content Portal (the “Content”).  These Content Portal Terms are intended to supplement the Girlboss Terms of Use located at www.girlboss.com, which are hereby incorporated by reference.  The Rally Content Portal is provided to you by Girlboss Media, Inc. d/b/a Girlboss (referred to in these Content Portal Terms as “Girlboss” “we,” “us” and “our”). You must agree to these Content Portal Terms in order to use the Rally Content Portal.  If you do not agree with these Content Portal Terms at any time, please cease use of the Rally Content Portal.

1. Affirmative Representations Regarding Your Use of the Rally Content Portal. When you use the Rally Content Portal, you represent that: (a) the information you submit is truthful and accurate; (b) your use of the Rally Content Portal does not violate any applicable laws or regulations; and (c) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Content Portal Terms. 

2. User Registration and Accounts

A. User Registration.  You must purchase a digital ticket and become a registered user of the Rally Content Portal in order to access and view the Content. You can purchase a digital ticket and become a registered user of the Rally Content Portal by completing the registration process at girlboss.com/rally/digital.  If you sign up to become a registered user of the Rally Content Portal, you agree: (i) to provide true, accurate, current and complete information about yourself as prompted by the Rally Content Portal’s registration form (the “Registration Data”); and (ii) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. 

B. User Accounts.  If you become a registered user of the Rally Content Portal, you will be required to create a user I.D. that will be associated with your user account.   You may only create one user I.D. that will be associated with your user account. You may not: (i) select or use as a user I.D. a name of another person with the intent to impersonate that person; (ii) use as a user I.D. a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a user I.D. a name that is otherwise offensive, vulgar or obscene.  We reserve the right to refuse registration of, or to cancel, a user I.D., in our sole discretion.  You are not permitted to share your user I.D. or password with any third party.  You will be responsible for maintaining the confidentiality of your user I.D. and password. Girlboss will not be liable for any loss that you incur as a result of someone else using your user I.D. or password, either with or without your knowledge. 

3. Fees; Payment Processing

A. Fees.   The fee payable for the purchase of a digital ticket and access and use of the Rally Content Portal is a one-time payment of $65.00 USD.

B. Payment Processing.   Our third party payment processer, Piano Software Inc. d/b/a Tinypass (“Tinypass”), will have sole responsibility for collecting and processing the payment information you submit when you purchase your digital ticket.  All information collected by Tinypass for purposes of processing your payment is not available to us, unless you have separately provided this information to us for a different purpose. Information collected from you by Tinypass is governed by the Tinypass Terms of Use and Privacy Policy located at http://publisher.tinypass.com/pricingandterms/user-tc and http://publisher.tinypass.com/pricingandterms/privacy-policy, respectively.  We encourage you to review the Tinypass Terms of Use and Privacy Policy prior to submitting any of your payment information.

4. Content Availability.   After you have purchased your digital ticket and registered as a user of the Rally Content Portal, you will be able to access and view the Content as made available through the Rally Content Portal.  The Content will be available through the Rally Content Portal commencing on or before March 25, 2017 and ending on March 25, 2018.  Please note that following March 25, 2018, you will no longer be able to access the Content through the Rally Content Portal. 

5. Our Intellectual Property Rights.  All of the Content and the trademarks, service marks, and logos contained on the Rally Content Portal (“Materials”), are owned by or licensed to us and are subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.  The Rally Content Portal and the Materials are for your information and personal use only and not for commercial exploitation. We reserve all rights in and to the Rally Content Portal and the Materials. 

6. Restrictions on Use.  In connection with your use of the Rally Content Portal and the Content, you shall not: (i) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, timeshare or otherwise commercially exploit the Rally Content Portal or the Content, or make available or allow any third party to access the Rally Content Portal or Content (or any part thereof) in any way; (ii) modify or make derivative works based on the Content; (iii) decipher, decompile or reverse engineer the Rally Content Portal (or any part thereof) or otherwise access or attempt to access the Rally Content Portal in any manner not expressly permitted herein; (iv) use, remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in or on the Rally Content Portal or used in connection with the Rally Content Portal; (v) send or store viruses, worms, time bombs, Trojan horses or other harmful or malicious code, files, scripts, agents or programs within the Portal; (vi) interfere with or disrupt the integrity or performance of the Rally Content Portal or the Content; or (vii) attempt to gain unauthorized access to the Rally Content Portal or its related systems or networks.  We reserve the right to suspend your access to or use of the Rally Content Portal, or any portion thereof, with or without prior notice, in response to any violation or suspected violation of these restrictions.  

7. Privacy.  When you submit information in connection with purchasing a digital ticket or registering to use the Rally Content Portal, this information will be collected and stored by Tinypass, not Girlboss, and will be subject to the Tinypass Privacy Policy located at http://publisher.tinypass.com/pricingandterms/privacy-policy.  Tinypass may share your information with us subject to and in accordance with the provisions of the Tinypass Privacy Policy.  

8. Warranty Disclaimer; Limitation on Liability

A. Disclaimer of Warranties   

(i) To the extent permitted by applicable law, all materials or items provided through the Rally Content Portal are provided “as is” and “as available,” without warranty or conditions of any kind.  By operating the Rally Content Portal, we do not represent or imply that we endorse any materials or items available on or linked to by the Rally Content Portal, or that we believe any materials or items to be accurate, useful or non-harmful.  We cannot guarantee and do not promise any specific results from use of the Rally Content Portal. No advice or information, whether oral or written, obtained by you from us shall create any warranty not expressly stated in these Content Portal Terms. You agree that your use of the Rally Content Portal will be at your sole risk.  To the fullest extent permitted by law, we and each of our advertisers, licensors, suppliers, officers, directors, investors, managers, members, partners, affiliates, employees, agents, service providers and other contractors disclaim all warranties, express or implied, in connection with the Rally Content Portal and your use thereof.  

(ii) To the extent permitted by applicable law, we make no warranties or representations about the accuracy, reliability, timeliness or completeness of the Rally Content Portal’s content, the content of any site linked to the Rally Content Portal, or information or any other items or materials on the Rally Content Portal or linked to by the Rally Content Portal.  We assume no liability or responsibility for any (a) errors, mistakes or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Rally Content Portal or content, (c) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein, (d) any interruption or cessation of transmission to or from the Rally Content Portal, (e) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Rally Content Portal by any third party, and/or (f) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted or otherwise made available through the Rally Content Portal

B. Limited Liability.  To the extent permitted by applicable law, in no event shall we be liable to you or any third party for any indirect, consequential, incidental, special or punitive damages, including lost profit damages arising from your use of the Rally Content Portal, materials or any other content therein. Notwithstanding anything to the contrary contained in these Content Portal Terms, our liability to you in respect of any loss or damage suffered by you and arising out of or in connection with these Content Portal Terms, whether in contract, tort, or for breach of statutory duty or in any other way shall not exceed $50. 

C. Exceptions to Disclaimers and Liability Limitations.  Some states or jurisdictions do not allow the limitation or exclusion of certain warranties, or the exclusion or limitation of certain damages.  If you reside in one of these states or jurisdictions, the limitation or exclusions in Sections 8(A) and 8(B) may not apply to you.  

9. Contact Information.  If you have any questions about the Rally Content Portal or these Content Portal Terms, you can contact Girlboss by email at info@girlboss.com.