Terms of Service ("Terms")

Effective: 25th May 2018

Last Update: 24th May 2018

Previously Updated: 2nd September 2017

Please read these Terms of Service/Use ("Terms", "Terms of Use", "TOS") before using the Women Who Code ("WWCode", also may be referred to hereinafter as "Us", "We", or "Our") Website operated by WWCode (the "Service"). Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all Visitors, Members, Users, and others who wish to access or use the Service. By accessing or using the Service and clicking "I Accept" you agree to be bound by these Terms. Failure to properly accept these Terms will not constitute as agreement to these Terms, therefore resulting in the inability to access our Service. If you disagree with any part of the terms then you do not have permission to access the Service.

1.0 Scope

WWCode's Service consists of our Website, Job Board (included automated processes for Company/Organizational Sponsorships, Partnerships, and Media collaborations), CODE Review Newsletter, and Social Media, and Internal Member Profiles (our newly released microsite for each geographic Network), which all are carefully tailored to meet the needs of our Community to further our Mission of helping women excel in tech careers. You may access and use the Service in accordance with these Terms. Please note that these Terms govern your use of the Service, including, but not limited to, the way we communicate with members of our Community.

When using the features of the Service, you are subject to any Agreements, Policies or Guidelines applicable to such features that may be posted from time to time. All such Agreements, Policies or Guidelines, including the Privacy Policy and the Acceptable Use Policy, are hereby incorporated by reference into these Terms.

Definitions and Terms: WWCode is a robust and growing Community and sometimes it is hard to determine how terminology is utilized - hopefully what is below will help.

1.1 Communications

By becoming a Member or a User of our Service, you agree to subscribe to Newsletters, marketing or promotional materials, and other information we may occasionally send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send, also available at here, or by contacting contact@womenwhocode.com. Please allow up to seven (7) business days for your request to unsubscribe to be processed if you reside within the United States. Personal information and Personally Identifiable Information (PII) may be collected in order to provide you with the use of our Service. We will not sell or rent that information to marketers or third parties, except during the rare occasions we share it with trusted third parties who are integral to our operations e.g host companies; in these rare cases we will make every effort to inform you.

Any and all information collected will be in align with our Privacy Policy, as we consciously make an effort to limit the amount of PII collected and stored, and work to operate within mandated guidelines around safeguarding that information.

Examples of additional PII that may be gathered would be: Basic Account Information, Contact Information, Employment History, and Bank Information (which is held by Stripe if you are paying for any Service or making a donation through Open Collective). Additional examples of trusted third parties for payment processing are PayPal and QuickBooks.

1.2 Termination

We may suspend or terminate access to our Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or any additional WWCode Policy; (ii) engaged in activities that are against the core mission and values to WWCode as an Organization; (iii) you create risk or possible legal exposure for Us; (iv) a prolonged period of inactivity; or (v) our provision of the Service to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access our Service depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your ability to use the Service, if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Our Service may contain links to third party websites or Services that are not owned or controlled by WWCode. WWCode has no control over, and assumes no responsibility for the content, Privacy Policies, or practices of any third party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites. You acknowledge and agree that WWCode shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party websites or services. We strongly advise you to read the Terms and Conditions and Privacy Policies of any third party web sites or services that you visit.

1.4 Terms for Company Sponsorships and Plan Purchases

By creating an account with WWCode to purchase Company Sponsorships and Plans, you consent to allow WWCode to charge your credit card through our Payment Processor(s) for the amounts due for your initial subscription period and for additional subscription periods until your account is cancelled or terminated, For cancellations of your monthly occuring plans please contact companies@womenwhocode.com.

1.4.1 Payments, Refunds, Upgrading and Downgrading

A valid credit card is required for using the WWCode Job Board. The Job Board service is charged in advance and is non-refundable. There will be no upgrade/downgrade refunds, or refunds for terms unused with an open account. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on the income of WWCode. Any unused services may be considered a tax deductible donation.

1.4.2 Services and Perks Surrounding Plans

As part of our Service, we offer various packages, each which include standard offerings that are described in more detail below. In addition, there are several perks that are available as add-ons to our Services such as; Events, Logos, Blog Posts, Social Media mentions, and more.

1.4.3 Explanation of Job Board

  1. Monthly Expiration: All jobs posted on the WWCode Job Board will automatically expire 30 days after the posting unless explicitly notified otherwise in writing. At this time any links (in emails, other sites etc.) to the job post will lead back to the Women Who Code Job Board ( https://www.womenwhocode.com/jobs ).

  2. Cancellations: A job post can be cancelled prior to its 30 day expiration by emailing companies@womenwhocode.com. No refunds will be given for early cancellation of job posts or perks.

  3. Right to Edit and Repost Job Postings: We reserve the right to edit and/or change any job posts at any time to ensure job posts reflect our Mission and vision. We also reserve the right to repost your job posting once it has expired (if you have remaining job credits).

1.4.4 Subscription Plans

1.4.5 Additional Plans

WWCode also offers Media, Scholarship, and Event Sponsorships. These plans range in duration, exposure, and price. When agreeing to become affiliated with WWCode in each capacity you are agreeing to pay at the time of signing up, and agree to work with WWCode so that we are able to leverage the best parts of your Company or Organization in alignment with our mission.

1.5. Terms and Conditions for WWCode Community Profiles

Explanation: WWCode is pleased to now offer Internal Community Profiles (our newly released microsite for each geographic Network) for our Directors, Leads, Evangelists, and Volunteers which will allow our Community within all geographic areas to have tools and capacity to engage rapidly growing membership with relevant and dynamic program experiences, while identifying and elevating leaders not the same in the Community.

Clarification: This are not the same as Profiles or Accounts established by Corporations or Organizations as referred to in Section 1.4.

1.5.1 Account Setup - To Access Your Individual Profile

To use the Service, you need to sign up and set up an account here. When you create an account, we collect registration-related information such as name, address, email, areas of interest for professional development, images, and any other information you choose to disclose. Once you submit the required registration information and pending such information is correct and appropriate, we will allow you gain access to even more benefits which are exclusive to our Community. For so long as you use the account, you agree to provide true, accurate, current, and complete information which can be accomplished by logging into your account and making relevant changes directly. You are responsible for complying with these Terms when you access this Service, whether directly or through any account that you may setup through or on this Website. Because it is your account, it is your job to obtain and maintain all equipment and services needed for access to and use of this Service. It is also your responsibility to maintain the confidentiality of your password(s), including any password of a third party site that we may allow you to use to access this Service. Should you believe your password or security for this website has been breached in any way, you must immediately notify us.

All of this registration information is protected in accordance with our Privacy Policy.

1.5.2 Account Deactivation

If you, as a Director, Lead, Evangelist, or Volunteer, no longer wish to be active within WWCode's Community through your WWCode Internal Community Profile, and wish to delete the entire Profile you must email contact@womenwhocode.com for support to do so. If you have any additional issues, concerns, or questions about this Service please email contact@womenwhocode.com.

2.0 Event Terms And Conditions

Another benefit of being part of our active and growing Community is access to one of the many Events that are held by WWCode daily around the world.

These Participant Event Terms and Conditions (the "Women Who Code (WWCode) Event Terms") apply to all Events at or related to WWCode. As a condition of registration and participation, Attendees, Sponsors, Volunteers, Speakers, Organizers, Venue Staff, Media, Exhibitors, Vendors and other guests ("Participant/Participants," or "you") are required to acknowledge and accept these Event Terms. Participants are also expected to be respectful to other Participants, Conference Staff and Contractors, and to abide by our Code of Conduct and incorporated herein by reference also available on our website.

WWCode reserves the right to change these and any Conference Related Policies from time to time. Any changes will be made with the utmost care for the purpose of creating a fair and enjoyable conference experience. Such changes will be effective immediately upon publication, on a going forward basis.

WWCode acknowledges that certain Events may also be bound by a separate and additional set of Terms. When WWCode is aware that there may be a conflict or area of uncertainty between the two we will make every effort to communicate how we expect those within our Community and all Participants to abide by.

2.1 Granting Participant Registration and Admission

WWCode or their officially designated Event Management (together and individually, "Conference Staff"), in their sole discretion, reserve the right to accept or decline an individual's registration. Further, Conference Staff reserve the right to prohibit entry or remove any Participant or other individual, whether registered or not, whose conduct, in their sole opinion is not in keeping with the Code of Conduct, these WWCode Event Terms and the character and purpose of WWCode events. Without limiting the foregoing, Conference Staff reserve the right to remove or refuse entry to any Participant who has registered or gained access under false pretenses, or provided false information. Unauthorized solicitation anywhere at WWCode Events is prohibited, and may be grounds for removal.

2.2 Identification

To verify registered Participants, Conference Staff might ask Participants to present a government-issued photo ID at registration to collect registration materials. When you check in at registration, you will receive a name badge which you must wear your at all times during the Conference. If you lose your badge it can be replaced for a fee. Individuals are not allowed to pick up badges for Participants other than themselves, unless WWCode Staff or Volunteers give approval in writing, in advance of the event. Participants may not have another individual participate in their place at any WWCode-related activity without prior approval.

2.3 Access to WWCode Events

All Conference Sessions and Networking Events require a valid conference badge for admission. Persons under the age of 18 must be accompanied by a Parent, appointed Guardian or Chaperone. Release Forms for persons under the age of 18 must be completed, signed by Parents, an appointed Guardian or a Chaperone, and approved prior to registering or attending the Conference. If the Event is held outside of the United States, the age restriction is that of a minor, and they must also be accompanied by an Adult/Legal Guardian.

2.3 Capture and Use of Images and Recordings

You hereby: (i) grant full permission to WWCode and its designated photographer or Affiliate to capture your image or likeness by any audio and/or visual recording technique (including electronic/digital photographs or videos) during Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events and to store, use, reproduce and create derivative works of these images and recordings (including, but not limited to, for resizing, color correction or digital reformatting) in any media now known or later developed, including any WWCode physical, digital marketing, or other promotional purpose; (ii) waive any right to inspect or approve the use of the images or recordings; (iii) waive any right to royalties or other compensation arising from or related to the use of the images or recordings; and (iv) release, defend, indemnify and hold harmless Conference Staff and WWCode from and against any claims, damages or liability arising from or related to the use of the images or recordings, including but not limited to claims of defamation, invasion of privacy or rights of publicity or copyright infringement, or any misuse, distortion, blurring, alteration, optical illusion or use in composite form that may occur or be produced in taking, processing, reduction or production of the finished product, or its publication or distribution. It is Our intention that any derivative works will continue to accurately reflect the character and spirit of WWCode and your participation in Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events.

By entering Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events, you consent to be photographed, filmed and/or otherwise recorded. Your entry constitutes your consent to such photography, filming and/or recording and use, in any and all media throughout all channels in perpetuity, of your appearance, voice and name for any purpose whatsoever in connection with these Events.

If you choose to attend a WWCode Events and share it publicly WWCode has the right to share it, in perpetuity across all Social Media, and will make an effort to give the photographer credit when possible.

You understand that all photography, filming and/or recording will be done in reliance on this consent given by you by registering and entering the aforementioned or applicable areas.

2.4 Recordings by Participants

Recordings by Participants of any kind are prohibited without prior written consent of the individual being recorded. Participants may not capture or use the materials presented in any meeting/session room or in session notes on display without written permission of approved WWCode Members. Anyone not complying with these requirements will be asked to surrender their recorded media and may be asked to leave the Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events.

As a Participant you agree that recordings, photographs, videos, or any other form of media from acquired from Events, will be used responsibly and respectfully in your portrayal of WWCode and in align with our Brand and Mission.

2.5 Unsecured Items

Personal belongings should not be left unattended in exhibit halls, meeting rooms or public areas. Unattended items are subject to removal by security. Conference Staff are not responsible for items left unattended, including any damage to or theft of your personal items.

2.6 Wireless Internet Service

WWCode may provide wireless access for Participants during some Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events but cannot guarantee full coverage in all locations, all of the time. Please be respectful of your time and usage so that all Participants are able to access the Internet. Excessive usage (e.g., streaming video, gaming, multiple devices) reduces bandwidth and increases cost for WWCode. No routers may be attached to the network. Properly secure your computer before accessing the public wireless network. Failure to do so may allow unauthorized access to your laptop as well as potentially introduce viruses to your computer and/or presentation. Conference Staff are not responsible for computer viruses or other computer damage.

2.7 Mobile Phones and Related Devices

Mobile phones, tablets, laptops and any similar electronic devices should be silenced during conference sessions. Please exit the conference room before answering or beginning a phone conversation.

2.8 Smoking

For the health and consideration of all Participants, smoking, including e-cigarettes, is not permitted at Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events.

2.9 Hold Harmless

You agree to release, defend, indemnify, and hold harmless Conference Staff from any and all claims, demands, and causes of action arising out of or relating to your participation in WWCode and use of any associated facilities and child care providers.

2.10 Event Cancellation by Registrant or Participant

If after purchasing a ticket or any fees to attend a WWC Event that you are unable to honor, please contact the appropriate WWCode Network or Director or via email contact@womenwhocode.com as soon as possible. Unfortunately WWCode does not issue refunds, however you may either transfer your ticket to another eligible Registrant or Individual, or donate your ticket to an Individual who may not have the financial means to attend. (If you are a Director - please see the Director Leadership Policy for further information).

2.11 Event Cancellation

WWCode will have no liability to you on account of any loss or damage resulting from any delay, failure, or cancellation with respect to Conferences, Networking Events, Hackathons, or any other WWCode Sponsored Events if such delay or failure is caused, in whole or in part, by acts of God, strikes, lockouts, riots, acts of war, earthquake, fire, explosions, or other events, occur­rences or causes beyond the control of WWCode (each a "Force Majeure Event"). If WWCode should cancel any of the above and forementioned events for a reason other than a Force Majeure Event, registration fees processed will be refunded to registrants. Registrants will be responsible for cancellation of travel arrangements or housing reservations and the applicable fees.

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Service. WWCode reserves the right to investigate complaints or violations, reported or otherwise of our Terms. WWCode has the ability to take any action we deem both necessary and appropriate, including but not limited to canceling or suspending any Account controlled by Us, removing any posting(s) you have with Us, reporting any suspected unlawful activity to law enforcement, regulators, or other third parties, and disclosing any information necessary or appropriate to authorities. In the instance of non compliance WWCode has the ability, but also discretion, to produce information relating to your Profile(s), email addresses, posted materials, PII, and other information, as allowed under our Privacy Policy.

According to Title 17 of the United States Code, Section 512 ((17 U.S. Code § 512), as part of the Online Copyright Infringement Liability Limitation Act (OCILLA) as a part of the 1998 Digital Millennium Copyright Act (DMCA)), we have have the right to investigate any Intellectual Property and/or Copyright Infringement activities on WWCode's Brand or any user of our Service's. If you believe your copyright or other intellectual property right is being infringed by a user of this Service, please provide written notice of claims of infringement to contact@womenwhocode.com.

3.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of California and Georgia, United States. Our failure to enforce any rights allowable under either governing State in regards to these Terms shall not be considered a waiver of those rights. If any provision of these Terms are held to be invalid or unenforceable by a Court, the remaining provisions of these Terms will remain in effect. These Terms shall constitute the entire Agreement between Us regarding our Service, and supersede and replace any prior Agreements that may have been established between WWCode and yourself and/or other Users regarding the Service.

3.2 Local and International Laws

WWCode operates our Services from our Headquarters in San Francisco, CA and secondary location in Atlanta, GA. Complete use of our Services may not be appropriate or available for use in other locations. If you use our Services outside the US, you are responsible for following applicable local laws (e.g. reimbursements in accordance with your Country using the correct avenues).

WWCode does not knowingly transfer unsecure information outside of the US, due to our presence we have Members from the EU (European Union) and EEA (European Economic Area).

3.3 General Terms

WWCode takes our Brand, Reputation, Goodwill, Safeguarding of Data, Physical and Digital Safety of our Community and Members, and our Mission very seriously. We are working hard to grow in a sustainable and responsible manner. We have taken many steps to ensure that we are growing in a way to address the needs of our global Community in a variety of ways.

To ensure we are doing so we rely on our Community to be honest and forthcoming with concerns and feedback. We are continually seeking ways to improve and become a leader in a variety of areas, and are creating Policies as robust and diligently as possible.

As mentioned above, certain violations of these and all Terms listed above, as determined by Us, may require immediate termination of your access to our Services without any notice. The Federal Arbitration Act, California Arbitration Act (California Code, Code of Civil Procedure - CCP § 1281.2), and the Georgia Arbitration Act all are applicable and govern how any potential disputes will be explored and enforced to the fullest extent.

Except for disputes subject to arbitration as described above, any disputes relating to these Terms or the Services will be heard in the Fulton County, GA court. Except as otherwise set forth in the dispute resolution provision, if any of these Terms are deemed inconsistent with any applicable law(s), then such Term(s) will be interpreted to reflect the intentions of the parties, and no other Terms will be modified. By choosing not to enforce any part of these Terms, we are not waiving any rights. These Terms, in addition to our Privacy and Acceptable Use Policy contain the entirety of the Agreement between you and WWCode and, therefore, supersede all prior or existing negotiations, discussions or agreements. The rights of WWCode under our Terms will survive the termination of our Terms.

3.4 Indemnification

You agree to defend, indemnify and hold harmless WWCode and its licensee and licensors, and their Employees, Contractors, Agents, Officers, Board of Directors, Advisory Board, and Volunteers (Directors, Leads, and Evangelists) from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) your use and access of the Service, (ii) a breach of these Terms, or (iii) related to your Data.

3.5 Limitation Of Liability

Please Read This Provision Carefully. It Affects Your Legal Rights.

In no event shall WWCode, nor its Employees, Contractors, Agents, Officers, Board of Directors, Advisory Board, and Volunteers (Network Directors, Leads, and Evangelists) Suppliers, or Affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of, or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

3.5.1 Pre-Arbitration Claim Resolution

As a User of our Service you agree to go through arbitration or mediation prior in regards to any legal recourse prior to appearing in court.

For all disputes, you must first give us an opportunity to resolve your claim which must first done by emailing Us at contact@womenwhocode.com with the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the dispute within 60 days after receiving your notification, than you may pursue your dispute in arbitration. You may pursue your dispute in a Court only under the circumstances described below.

3.5.2 Other

You understand and agree that by accepting this provision in these Terms, you and WWCode are each waiving the right to a jury trial or a trial before a Judge in a Public Court. If any clause within this provision is found to be illegal or unenforceable, that clause will be severed from this provision whose remainder will be given full force and effect. This provision will survive the termination and discontinuation of your use of our Service. Notwithstanding any provision in this Agreement to the contrary, we agree that if we make any change to this provision (other than a Notice Address change), you may reject any such change and require WWCode to adhere to the language in this provision if a dispute between us arises.

3.6 Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of merchantability, non-infringement or course of performance. WWCode and its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; or (iv) the results of using the Service will meet your requirements.

3.7 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

3.8 Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We are working to review and revise (as necessary) all internal and external facing Policies. If a revision is material we will try to provide reasonable notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

4.0 Contact Us

If you have any questions about these Terms or any information included above, please contact us at contact@womenwhocode.com or companies@womenwhocode.com.