Genderquake Terms and Conditions

1. Purpose
Please read these terms and conditions carefully. They set out the terms under which Genderquake.com and hagsharlotsheroines.com (i.e. the website operated by Genderquake Limited) is made available to you. These terms and conditions apply to members and visitors. By accessing both websites you agree to be bound by these terms and conditions.

This document and the attachments referred to constitute a legally binding agreement between you and Genderquake Limited and sets out your rights and obligations and those of Genderquake (and its associated websites) in relation to your access to and use of the internet site operated by us with the domain name www.genderquake.com (and its variants, .org, net, and co.uk) and www.hagsharlotsheroines.com (and its variants, .co.uk). The 'Sites' which expression shall include all emails (including Updates by Email as defined below) or other communications sent to you via the Site and the organisation and all information, products, software, services, features and materials contained on or offered in conjunction with the Site.

By accessing the Site and registering with us, you accept without limitation or qualification all of the terms and conditions in this Agreement (as defined below) and any subsequent amendments or variations thereof as we, in our sole discretion, may make from time to time.

2. Variation
We may, at our discretion, vary or amend from time to time this document and any schedule, appendix or other document (including but not limited to the Privacy Policy), which is stated to form part of this document (this document together with all such schedules, appendices or other documents being referred to as this "Agreement"). All such amendments or variations will be effective immediately upon posting of such amended or varied document on the Sites or once such amendment or variation is otherwise notified to you. The amendment or variation shall apply to your use of the Site and to any services offered to you upon such posting or notification. If you are a registered member of Genderquake and/or hagsharlotsheroines.com, we will inform you of any amendments through our email updates. If any provisions of these conditions are to be held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.

Except as provided for in the preceding paragraph this Agreement may otherwise not be amended or varied except in writing signed by both parties.

3. The Sites

3.1 Users
There are currently three categories of users whose rights and obligations in respect of the Sites are set out below. We reserve the right to introduce other classes of users of the Sites, granting privileges to certain classes of users for certain services that are not necessarily available to all users. Over time, access to certain parts of the Sites may be restricted based on these categories of users.

(a) Visitors/Browsers
Anyone who accesses the Sites who has not registered with us under the procedure provided for below is a visitor (a "Visitor"). Visitors are free to access information about the Sites. As a Visitor, you will be able to access material on certain areas of the Sites without going through the registration process. However you will not be able to receive Updates by email and as our services develop you will not be eligible for the discounts and range of services offered to members of Genderquake and hagsharlotsheroines - although you will be able to purchase through the sites.

(b) Members
Anyone who registers online by filling out the relevant registration form becomes a member of the respective Site (i.e. Genderquake and/or hagsharlotsheroines (a "Member"), and will be given the right to opt in to membership of both Sites should they so desire. The Sites and the databases associated with these are owned by Genderquake Limited. The process is simple. As a member you will receive regular news of our activities and offers, (please see Updates by email/post), although you will be able to opt out of such services during registration. Members should also read and understand our Privacy Policy that forms part of this Agreement and governs the way we will use any information that is submitted as part of the registration process.

Online submission of your registration form confirms your agreement to the provisions of this Agreement. In particular, individuals who subscribe to the Genderquake Panel, a panel of change agents, will be surveyed over time as part of our knowledge services and internal feedback and market research. Each participant will receive a free and confidential summary of the findings in confidence in return for taking part in our panel surveys.

3.2 Member Information
By submitting the online registration form you warrant that the information contained on the form ('Member Information') is true and accurate in all respects and you have the authority and capacity to complete the form. You agree to immediately notify us in writing or email of any changes in Member Information. We reserve the right to refuse to register you for any reason. You are solely responsible for the Member Information. If on registration (or on amendment of your registration details) you provide us with an email or postal address that will result in any emails or letters we may send you being sent to you via a computer network operated by or on behalf of your employer (or similar) then you are warranting that you are entitled to receive emails at that address. You also agree that we may refrain from sending you any emails to such address without notifying you, even if you have subscribed to receive them, if we receive a request from your employer to stop sending emails to that address. We may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar or otherwise offensive as deemed by us.

3.3 Your Personal Information
We will respect your personal information and undertake to comply with all applicable UK Data Protection legislation currently in force. If you are a member you agree that Genderquake may use the personal information provided by you in accordance with the notification given to you on the membership registration form. Such use will be in accordance with our Privacy Policy. If applicable, however, our use will be subject to any limitations you selected or choices you made on the registration form. If you are a visitor to Genderquake our use of your personal information will be in accordance with our Privacy Policy.

3.4 System Integrity
You agree not to use the Sites - Genderquake and hagsharlotsheroines - or the services made available to you on or via Genderquake Limited such that you cause the whole or part of Genderquake Limited or its services to be interrupted, damaged or rendered less efficient, or in any way impaired. You undertake to us that you will not use and that you will not permit the use of any device, software or programming routine that interferes or attempts to interfere with the working and functionality of the Sites. You undertake not to take or permit the taking of any action that (in our sole discretion) imposes an unreasonable or disproportionately large load on our infrastructure. You also agree that you will not use any robot, spider, other automotive device or manual process to monitor or copy our web pages or the content contained on the Sites without our prior written consent.

3.5 Nature of Service
Whilst we recognise that the Internet is not a completely secure medium of communication, Genderquake Limited has taken steps to safeguard the security of any information you input on this web site or send to us on the registration form. Genderquake Limited is not and will not be responsible for any damages the user may suffer as a result of the loss of confidentiality of such information.

We reserve the right to suspend, restrict, or terminate your access to the Sites for any reason.

In order to maintain the integrity of Genderquake Limited, we reserve the right to forward contact details to the police, or other regulatory authorities where requested to do so. We may also forward contact details where a complaint arises concerning your use of Genderquake Limited and its Sites and where that use is deemed by us to be inconsistent with these user conditions.

3.6 Our obligations to you, our members
We will use all reasonable endeavours to maintain the Sites promoted by Genderquake Limited in a satisfactory operating condition. As we cannot guarantee that this will always be the case we do not accept any responsibility for any interruptions, or failures in the Genderquake service or for any defects that may exist, or for any costs, loss of profits, loss of data, or consequential losses arising from your use of, or inability to access or use Genderquake Limited Sites.

4. Use of the Sites

4.1 Content
The Sites and 'Updates by Email' and letters include facts, views, opinions and recommendations of individuals and organisations deemed of interest. All content on both Sites is provided without warranties or guarantees unless specifically stated. Genderquake Limited makes all reasonable efforts to ensure that all information provided by us is accurate at the time of its inclusion. However, there may be errors, inaccuracies, or omissions in respect of which Genderquake Limited excludes all liability. Any arrangements made between you and any third party named on these Sites are at your sole risk and responsibility. We, in our sole discretion, may add, delete or change some or the entire Site at any time. The content contained in the Sites is presented for information purposes only. The content should not be considered complete nor should it be relied upon without first consulting with the appropriate professional. Nothing contained on the Sites should be considered a substitute for professional advice.

Information provided by Genderquake Limited and its associated Sites is not and shall not be construed as an investment advertisement, an invitation to invest or otherwise deal in any shares of any company. Prior to the execution of a share trade or any other financial dealing, you are advised to consult your financial representative or other professional adviser. Genderquake Limited shall have no liability for investment decisions based on the information provided.

Genderquake Limited, its Sites and its partners, do not provide any warranty as to the timeliness, accuracy or completeness of the information on its Sites. That said, Genderquake Limited makes all reasonable efforts to ensure that information provided by us is accurate at the time of its inclusion. However, there may be errors, inaccuracies or omissions in respect of which Genderquake Limited excludes all liability.

4.2 Proprietary information
You acknowledge and agree that the materials used and displayed on the Sites including but not limited to text, music, software, sound, photographs, graphics, video, page layout and design, illustration and artwork, names, logos, trademarks, service marks and all other materials are the property of Genderquake Limited and its Sites, and are protected by copyright, trademark and other laws. You agree not to modify, copy, reproduce, republish, upload, post, transmit, rent, loan, sell, lease, license, sub-license or distribute any material on the Sites or create in any way content and/or derivative works based on the content of the Sites or the Sites themselves or services provided by, or on behalf of Genderquake Limited in whole or in part without our prior written consent.

Furthermore, you agree that the material and content contained within or provided by Genderquake Limited and its Sites is for your use only and may not be distributed commercially without our permission. You may not display the contents of Genderquake Limited or its Sites or any part of them in a frame surrounded by other material not originated by us. Your use of Genderquake Limited and its Sites logos carries with it no rights in relation to copyright, trademarks or other intellectual property rights in Genderquake Limited. The following words, phrases and knowledge contained herein are deemed to constitute trademarks of Genderquake Limited: Genderquake - Delivering e-quality, the power behind the new economy, with accompanying logo; Genderquake Business Cycle with accompanying graphic. The generic Genderquake logo is also protected; hagsharlotsheroines.com, co.uk and the hagsharlotsheroines logo.

4.3 News, and Features
Genderquake Limited through its Sites wishes to develop a community of interest and actively encourages members to send news, articles and features to us to be published and posted on the Sites. At the moment, unless these articles have been directly solicited or commissioned by Genderquake, these news, features and articles will be viewed at the discretion of the Genderquake and hagsharlotsheroines team. They may also be edited by the Genderquake and hagsharlotsheroines team - albeit that we will seek your approval before first posting them on to the Sites. Once the news items or articles are posted on the site or Sites, copyright is assigned to Genderquake Limited. That said, you warrant that you are solely responsible for any and all information you write in these news and articles, and accept the consequences that may result from their publication. By way of example and not limitation, your news and articles shall not:

(1) infringe any rights of third parties (including, but not limited to, any intellectual property rights publicity rights or privacy rights) which such third parties may have in their domestic jurisdictions;

(2) violate any law, statute or other governmental or supra-governmental connection or regulation (including, without limitation, those regulations relating to export control, consumer protection, unfair competition, misleading advertisements, and to discrimination);

(3) be defamatory, libellous, threatening or harassing;

4.4 'Postings' on Forums, Bulletin Boards, and use of chat facilities
Our services include discussion boards and may in the future include chat areas, and/or other message or communication facilities. You are solely responsible for any and all information you distribute, disseminate, publish, post or upload ("Postings') using the Sites and any consequences that may result from your Postings. You agree that you will be solely liable for any errors or omissions contained in that Posting. By way of example and not limitation, your Postings shall not:

(1) Infringe any rights of third parties (including, but not limited to, any intellectual property rights publicity rights or privacy rights) which such third parties may have in their domestic jurisdictions;

(2) Violate any law, statute or other governmental or supra-governmental connection or regulation (including, without limitation, those regulations relating to export control, consumer protection, unfair competition, misleading advertisements, and to discrimination);

(3) be defamatory, libellous, threatening or harassing;

(4) be obscene, indecent, or contain pornography;

(5) contain any virus or other computer programming routines, which are intended to damage, interfere with insert or extract data or personal information used on or by the Sites;

(6) advertise of offer to sell any goods or services for any commercial purpose without our express written consent;

(7) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded to the Sites.

You agree and acknowledge that we are not, and do not hold ourselves out as a publisher with respect to Postings - as distinct from our position with regard to news and features. Accordingly we make no representation or warranty that we will read or screen Postings for content or compliance with this Agreement or otherwise exercise any form of editorial control over the same. We reserve the right at all times to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse or remove a Posting or to remove any information or materials in whole or in part at our sole discretion.

4.5 Permission to use Postings
You agree to hereby grant us a perpetual royalty free, fully paid-up licence directly (or indirectly through our agents or distributors) to use, distribute, sub-license, display, perform, modify, lease and market, reproduce, copy, and re-publish the Postings (and any information contained therein) and prepare derivative works thereof in any form or format and via such media as we in our sole discretion may deem fit.

4.6 Disclosure of Personal or Confidential Information
You undertake not to either include in any Posting, or otherwise disclose on or in connection with your use of the Sites any confidential information or Personal Information (as defined in our Privacy Policy) relating to third parties without their express written consent. You acknowledge that in the course of utilising the Sites and concluding transactions on it you may receive certain confidential information that has been provided by other users. You agree and undertake to keep such information confidential and not to disclose any part of such information to any third party, unless required to do so by law. Such information shall not be used for any purpose without the prior written consent of the user to whom such information is confidential. If you provide Personal Information in your Postings you should be aware that this Personal Information would be public and available to any user unless you expressly tell us in writing not to publish your Personal Information. Always use caution when giving out any personally identifying information about yourself. Please read our Privacy Policy before you submit any Personal Information.

5. Updates by Email
As an organisation, we are committed to permission based marketing. On registration, we give you the option to subscribe to our email service ('Updates by Email') and to opt in to other sites owned by Genderquake Limited, which will update you on our organisation's news and services, and other relevant information which we consider to be of interest to you. Your use of the content received through the email news service will be subject to these Terms and Conditions. On registration to the Sites, you will be given the option to opt-out of receiving such emails on registration.

6. Links to third party sites
As part of our services, we may provide links to other web sites or resources. These links are provided solely as a convenience to you and are not an endorsement by us of the contents of such third party web sites. We have no control over such sites and resources and you acknowledge and agree that we are not responsible for the availability of such external sites or resources and do not endorse and are not responsible or liable for any content, advertising, product, services or other materials on or available from such sites or resources.

You further acknowledge and agree that we 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 of any such content, goods or services on or available through any such site or resource. If you decide to access linked third party web sites you do so at your own risk. Any concerns regarding any external links should be directed to its respective site administrator or web master.

If you would like to link to the Sites please read and comply with the following guidelines and all applicable laws. A web site that links to the Sites:

(a) may link to, but not replicate, the content of the Sites;

(b) must not create a frame or any other browser or border environment around the Content;

(c) must not in any way imply that Genderquake Limited and its Sites are endorsing it or its products or services;

(d) must not misrepresent its relationship with Genderquake Limited and its associated Sites;

(e) must not present false information about Genderquake Limited and its Sites;

(f) must not be a web site or WAP site that infringes any intellectual property or other right of any person or that otherwise does not comply with all relevant laws and regulations;

(g) must not be a web site or WAP site that contains content that could be construed as distasteful, offensive or controversial.
We expressly reserve the right to request that any link in breach of these terms is removed and to take whatever other action it deems appropriate.

7. Privacy
You are asked to read our Privacy Policy, which forms a part of this Agreement and sets out the way in which we handle your personal data. This Privacy Policy, like these Terms and Conditions may be amended from time to time and Genderquake Limited's rights in this respect are reserved.

8. General

8.1 Termination of this Agreement
We reserve the right to suspend or terminate your account, which is or appears to us to be in breach of any of the provisions of this Agreement, including the provision of false registration details or other misuse of the services offered through these Sites. If you hold such a suspended or terminated account you may not re-register for the Sites without our prior consent. We may pursue any other remedy legally available to us if you fail to comply with any of your obligations contained in this Agreement. You may terminate this Agreement with or without cause by providing 30 days advance written notice to us.

8.2 Indemnity
You agree to pay, indemnify, and hold Genderquake Limited and (and its associated team - directors, officers, employees and agents and Sites) harmless from any and all liabilities, obligations, losses, damages, penalties, actions, judgements, suits, costs, expenses or disbursements of any kind or nature whatsoever with respect to:

(1) Any third party claim, action or allegation of infringement, misappropriation, or violation of copyright, trademark or other proprietary rights of any third party based on any content (including but not limited to your Postings) submitted by you;

(2) any breach of this Agreement by you;

(3) any third party claim action or allegation brought against Genderquake arising out of in relation to a dispute between Members or in relation to your use or misuse of the Sites; and/or

(4) any action taken by Genderquake under your instructions in relation to the use of the Sites.

8.3 Disclaimer of Warranties
Your use of the Sites and any services offered on or in connection with your use of the Sites is at your sole risk. Services provided with the Sites are provided on an "as is" and "as available" basis. We and our suppliers to the fullest extent permitted by law disclaim all warranties, including but not limited to warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. Our suppliers and we make no warranties about the accuracy reliability, completeness or accuracy of the material, services, software, text, graphics, and links.
We make no warranty that:

(1) the service will meet your requirements;

(2) the service will be uninterrupted, timely, secure or error free;

(3) the quality of any services information or other material obtained by you through your use of the Sites will meet your expectations. If your use of the Sites will require your replacing equipment or data you will be responsible for the costs of such replacement.

Your use of the Sites and services offered in connection with the Sites are at your own risk. If you are dissatisfied with any part of the Services offered through the Sites or with this Agreement or any other rules or policies your sole remedy is to discontinue use of the Sites.

8.4 Limitation of Liability
You expressly understand and agree that we shall not be liable for any direct (other than for death or personal injury arising directly from use of the Sites), indirect incidental, special, consequential or exemplary damages including but not limited to, loss of profits, goodwill, use, data or intangible losses (even if we have been advised of the possibility of such damages) resulting from:

(1) the use or the inability to use the Sites or any service provided in connection the Sites;

(2) the cost of procurement of substitute and services resulting from any, data, information, services purchased or obtained and messages received and transactions entered into through or from the Sites;

(3) unauthorised access to or alteration of your transmissions or data;

(4) statements or conduct of any Member or third party in relation to the Sites or;

(5) any other matter relating to the Sites or service provided in connection with the Sites.
In no event will our liability arising out of or in respect of this Agreement exceed £500. Some jurisdictions do not allow the exclusion of certain warranties with a limitation or exclusion of liability for incidental or consequential damages. Accordingly some of the above limitations of this section 8.4 may not apply to you.

8.5 No Association
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between Genderquake Limited and you or any Member is intended or created by this Agreement.

8.6 No Assignment
You may not assign your rights or delegate (or sub-contract) your duties under this Agreement.

8.7 Suspension or Discontinuance of Service
Genderquake Limited may suspend or discontinue the Sites with or without cause and with or without notice.

8.8 Force Majeure
Genderquake Limited shall not be liable for any failure to perform its obligations under this Agreement if such failure results from any act of God or other cause beyond its reasonable control (including without limitation, any mechanical, electronic or communications failure)

8.9 Entire Agreement
This Agreement (as amended from time to time) comprises the entire agreement between you and Genderquake Limited and governs the use of the Sites and any services provided to you in connection with the Sites. It replaces and voids any prior agreement between you and Genderquake Limited, whether written or verbal, in relation to the Sites or any services provided to you in relation to the Sites. You may also be subject to additional terms and conditions when you use affiliate or other Genderquake Limited services, third-party content or third party software.

We make no claims that the Sites are appropriate for any particular purpose or audience, or that it may be downloaded outside of the United Kingdom. Access to the Sites or use of the Sites may not be legal by certain persons in certain countries.

8.10 Severability
Each provision of this Agreement excluding or limiting liability shall be construed separately, applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.

8.11 No waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.

8.12 English law
All legal issues arising from or related to the use of the Sites or any services provided in relation to the Sites shall be construed in accordance with and determined by the laws of England and you hereby agree to submit to the exclusive jurisdiction of the English Courts.

These terms and conditions apply to the branded site, Genderquake.com, and its associated site, www.hagsharlotsheroines.com, co.uk apply without limitation to Genderquake Limited, registered in England and Wales No. 4218042, registered office: 512 Lexington Building, Bow Quarter, Fairfield Road, London, E3 2UF. If you have any queries about this or any other aspect of the Sites or our services, please contact us: enquiries@genderquake.com

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