THE DAMES

TERMS OF USE AGREEMENT

 

Preamble

This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the Services as defined herein. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the Website and discontinue use of the Services immediately.

By using the Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website or attend a live event as a guest) or you are a “Member” (which means that you have registered with The Dames, been accepted for Membership, and paid all applicable fees). The terms “User” or “you” refers both to a Visitor or a Member. You are only authorized to use the Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement.

Terms and Conditions

  1. Use of and Membership in the Services is void where prohibited. By using the Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the Services does not violate any applicable law or regulation.
  2. Term and Termination. Applicants may choose either a monthly or annual membership.
    1. Monthly Memberships. Members who choose a monthly membership must pay a membership fee each month to maintain an active membership with The Dames. Each month, monthly memberships will automatically renew, unless thirty days written cancellation notice is submitted to funhub@thedames.co. The Dames does not offer partial refunds for monthly Members who cancel in the middle of a month.
      1. Example 1: if a monthly Member submits a written cancelation notice to funhub@thedames.co on March 1, then the Member’s cancellation will take effect April 1, and the Member will only be responsible for paying the membership fee for March.
      2. Example 2: if a monthly Member submits a written cancelation notice to funhub@thedames.co between March 2 and March 31, then the Member’s cancellation will not take effect until May 1, and the member will be responsible for paying membership fees for March and April.
    2. Annual Members. Members who choose an annual membership must pay a membership fee each year to maintain an active membership with The Dames. Membership will be activated when the member pays their annual fee and will continue for one year from the activation date. Annual members may cancel their membership by submitting written notice to funhub@thedames.co at least thirty days before the expiration of their membership. If annual Members do not submit a cancellation notice at least 30 days before their membership expires, then the membership will automatically renew for one year, and the Member will be obligated to pay the membership fee. The Dames does not offer partial refunds for annual Members who cancel in the middle of the year.
    3. The Dames may restrict, suspend, or terminate your Membership and access to the Services at any time, for any reason or no reason, with or without prior notice, and without liability.
  3. Services. The Dames, LLC, is a Limited Liability Company organized and existing under the laws of the State of Colorado (“The Dames” or “we”). The Dames sponsors live events and hosts the website https://thedames.co/ (the “Website”) which allows Members to create unique personal profiles in order to post content, view and download content, interact with other Members, and use applications offered from time-time by The Dames or its Members. The terms in this Agreement are applicable to all Services provided by The Dames, whether at a live event, through telecommunication or internet services, or through the Website. The Services are provided “AS-IS” and as available and The Dames expressly disclaims any warranty of fitness for a particular purpose or noninfringement. The Dames cannot guarantee and does not promise any specific results from use of the Services.
  4. Membership Fees. Monthly and annual membership fees vary between chapters. Please contact your chapter president for more details.
  5. Referral Fee. Members are encouraged to help grow The Dames by expanding its member base. As an incentive, Members are eligible to receive twenty-five dollars ($25) for every person they refer to The Dames who thereafter becomes a Member of The Dames (the “Referral Fee”). Only one Referral Fee will be paid to one referring Member for every new Member, and the Referral Fee does not apply to any Member renewals. To be eligible for a Referral Fee, the referring Member must email The Dames at funhub@thedames.co and provide the following information: 1) the referring Member’s name, 2) the name of the new Member, and 3) the date the referring Member referred the new Member to The Dames. Furthermore, to be eligible for a Referral Fee, the email must be sent to The Dames within thirty days from the date the new Member activated her Membership with The Dames (i.e. been approved for Membership in The Dames, registered and paid all applicable fees).
  6. Gender Inclusion. The Dames is a networking group designed to address the statistical disparities between multi-million-dollar companies run by men as opposed to women, by creating a place for six and seven figure women to learn, share resources, and refer business. However, The Dames is also committed to gender inclusion and does not exclude men as a matter of policy. It is in this spirit that male applicants will be considered on a case by case bases and permitted to attend one The Dames live event to allow the male applicant and The Dames to determine if joining The Dames would be a good fit and further The Dames’ The Dames will give each male application thoughtful consideration before deciding, in The Dames’ sole discretion, whether to allow the male applicant to become a Member.
  7. Accommodations. The Dames welcomes people with disabilities and is committed to complying with state and federal law that require accommodations under certain circumstances. Users with disabilities are encouraged to contact The Dames via email if they need an accommodation for an event hosted by The Dames. Users must contact The Dames as soon as practicable to make accommodation requests prior to the date of the event, to give The Dames as much time as possible to: 1) determine if the accommodation is required by law, 2) determine what, if any, accommodation will be provided to the User, and 3) make plans to implement the requested accommodation.
  8. Event Cancelation Policy. If a Member purchases a ticket for a live The Dames event and is then unable to attend the event, then the Member must notify The Dames by email at least twenty-four (24) hours before the start of the event. If the Member notifies The Dames at least 24 hours in advance, then the Member will be given a voucher by The Dames which can be redeemed for any live The Dames event in the future. Members who cancel within 24 hours WILL NOT be given a voucher. The Dames does not offer cash refunds for Member cancelations.
  9. When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify The Dames immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
  10. Noncommercial Use by Members. All commercial endeavors must be specifically approved by The Dames in writing. Illegal and/or unauthorized use of the Services, including collecting usernames and/or E-mail addresses of Members by electronic or other means for the purpose of sending unsolicited E-mail or unauthorized framing of or linking to the Website is prohibited. Unauthorized commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the Services.
  11. Photograph Consent and Release. The Dames sometimes photographs and/or records its events. The photographs and recordings captured at The Dames events are used both as marketing material and as posted content on the Website and other social media platforms. This Section only applies to the use of photographs and recordings for The Dames marketing material and does not apply to use of photographs or recordings as posted content, which is governed by Section 12 below. Participation of the Services, whether online or offline, whether as a Member or as a Visitor, constitutes acceptance of the terms contained in this Section.
    1. I hereby grant to The Dames, their heirs, legal representatives, successors and assigns, and those acting under their permission or upon their authority, or those under whom they are acting or by whom they have been commissioned, the absolute and unqualified right and permission to copyright (in their own name or otherwise), reproduce, publish, distribute and otherwise use or exploit, photographs, motion pictures and other audiovisual works (including works recorded in so-called “digital” mediums) of me or in which I may be included whether taken at a live The Dames event, during a webinar or elsewhere, in black and white or in color, alone or in conjunction with other persons or characters, real or imaginary, in any part of the world. This authorization and consent includes any use of such photographs, motion pictures or audiovisual works without regard to any distortion or alteration in character or form and any composite, stunt or comic use caused by optical illusion, distortion, alteration, retouching or by any other method, whether intentional or otherwise. The use and exploitation hereunder may be in any medium now or thereafter known or developed for illustration, promotion, advertising, trade or any other purpose whatsoever, whether accompanied by printed matter or otherwise.
    2. I hereby waive any opportunity or right which I may have to inspect or approve the finished photographs, films, tapes, or digital data, the use to which they may be put, any copy, photographs, illustrations or other material used in connection therewith or the final product in which they may be used or incorporated.
    3. I hereby acknowledge that The Dames is the owner and copyright proprietor of all right, title and interest in and to all negatives, prints, tapes or other reproductions of such photographs, motion pictures, audiovisual works and voice reproductions, and I hereby assign to The Dames any right, title or interest that I may have or be deemed to have therein.
    4. I hereby waive, release and discharge The Dames, including its directors, officers, employees, volunteers, successors and assigns from any claim, demand, action or suit which I may have or which may be derived through me for libel, defamation, invasion of privacy or any violation of any right to publicity or any other right which I may have arising out of the publication or use of such photographs, motion pictures, audiovisual works and voice reproductions.
  12. Proprietary Rights in Content.
    1. The Dames does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials (collectively, “Content”) that you post to the Services. After posting your Content to the Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“Posting”) any Content on or through the Services, you hereby grant to The Dames a limited license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content solely on and through the Services.
    2. Without this license, The Dames would be unable to provide the Services. For example, without the right to modify Member Content, The Dames would not be able to digitally compress files that Members submit or otherwise format Content to satisfy technical requirements, and without the right to publicly perform Member Content, The Dames could not allow Users to view Content posted by Members. The license you grant to The Dames is nonexclusive (meaning you are free to license your Content to anyone else in addition to The Dames), fully-paid and royalty-free (meaning that The Dames is not required to pay you for the use on the Services of the Content that you post), sub licensable (so that The Dames is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the Services), and worldwide (because the Internet and the Services are global in reach). This license will terminate at the time you remove your Content from the Services. The license does not grant The Dames the right to sell your Content, nor does the license grant The Dames the right to distribute your Content outside of the Services.
    3. You represent and warrant that: (i) you own the Content posted or communicated by you on or through the Services or otherwise have the right to grant the license set forth in this Section, and (ii) the posting of your Content on or through the Services does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted or communicated by you to or through the Services.
    4. The Services contain Content of The Dames (“The Dames Content”) is protected by copyright, trade secret and other laws, and The Dames owns and retains all rights in The Dames Content and the Services. The Dames hereby grants you a limited, revocable, non-sublicensable license to reproduce and display The Dames Content (excluding any software code) solely for your personal use in connection with viewing the Website and using the Services.
    5. The Services contain Content of Users and other The Dames Except for Content posted or communicated by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Services.
  13. Content Posted. You are solely responsible for the Content (as defined by Section 12) that you post on or through any of the Services, and any material or information that you transmit to other Members and for your interactions with other Members. The Dames, in its sole discretion, can refuse to post or remove any Content posted by you (including private messages), including Content that violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. The Dames does not endorse Content posted or communicated by Users through the Services and assumes no responsibility for monitoring the Services for inappropriate Content or conduct. If at any time The Dames chooses, in its sole discretion, to monitor the Services, The Dames nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. The Dames makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Users.
  14. Prohibited Content & Activities.
    1. The following is a partial list of the kind of Content that is illegal or prohibited to post or communicate on or through the Services. The Dames reserves the right to investigate and take appropriate legal action against anyone who, in The Dames’ sole discretion, violates this provision, including without limitation, removing the offending communication from the Services and terminating the Membership of such violators. Prohibited Content includes, but is not limited to Content that, in the sole discretion of The Dames:
      1. is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
      2. harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  1. contains nudity, violence, or offensive subject matter or contains a link to an adult website;
  2. promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  3. promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
  1. furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  2. solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
  3. involves commercial activities or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes; or
  • includes a photograph of another person that you have posted without that person’s consent.
  1. The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. The Dames reserves the right to investigate and take appropriate legal action against anyone who, in The Dames’ sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but are not limited to:
    1. criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
    2. advertising to, or solicitation of, any Member to buy or sell any unauthorized products or services through the Services. You may not transmit any chain letters or junk E-mail to other Members. It is also a violation of these rules to use any information obtained from the Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent. If you breach this Agreement and send unsolicited bulk E-mail, instant messages or other unsolicited communications of any kind through the Services, you acknowledge that you will have caused substantial harm to The Dames, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay The Dames $100 for each such unsolicited E-mail or other unsolicited communication you send through the Services;
  • any automated use of the system, such as using scripts to add friends or send comments or messages;
  1. interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services;
  2. attempting to impersonate another Member or person;
  3. using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
  • selling or otherwise transferring your profile;
  • using any information obtained from the Services in order to harass, abuse, or harm another person;
  1. displaying an advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Services on behalf of that person, such as placing commercial content on your profile, posting in forums or bulletins with a commercial purpose, or sending private messages with a commercial purpose without prior authorization; or
  2. using the Services in a manner inconsistent with any and all applicable laws and regulations.
  1. Hyperlinks. Content created and posted by Users on the Website may contain links to other websites. The Dames is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by The Dames. Inclusion of any linked website on the Services does not imply approval or endorsement of the linked website by The Dames. When you access these third-party sites, you do so at your own risk. The Dames takes no responsibility for third party advertisements which are posted on this Website or through the Services, nor does it take any responsibility for the goods or services provided by its advertisers.
  2. Copyright Policy. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of The Dames to terminate Membership privileges of any Member who infringes the copyright rights of others upon receipt of prompt notification to The Dames by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our lawyer with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Services; (iv) your address, telephone number, and E-mail address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  3. Member Disputes. You are solely responsible for your interactions with other The Dames The Dames reserves the right, but has no obligation, to monitor disputes between you and other Members.
  4. Use of the Services is also governed by our Privacy Policy, which is contained in a separate document (the hyperlink for the Privacy Policy is available on the Website) and incorporated into this Agreement by this reference.
  5. Limitations on Liability.
    1. UNDER NO CIRCUMSTANCES SHALL THE DAMES BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SERVICES, ATTENDANCE AT A LIVE THE DAMES EVENT, FROM ANY CONTENT POSTED ON OR THROUGH THE SERVICES, OR FROM THE CONDUCT OF ANY USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE.
    2. THE DAMES ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY USER COMMUNICATION. THE DAMES IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF ANY E-MAIL OR PLAYERS DUE TO TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR ON ANY OF THE SERVICES OR COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO USERS OR TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATION OR DOWNLOADING MATERIALS IN CONNECTION WITH THE SERVICES.
    3. IN NO EVENT SHALL THE DAMES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF THE DAMES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE DAMES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO THE DAMES FOR THE DAMES SERVICES DURING THE TERM OF MEMBERSHIP.
    4. THE DAMES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE CONDITION OF A VENUE PICKED TO FACILITATE A LIVE THE DAMES
    5. THE DAMES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE CONSUMPTION OF ALCOHOL AT A LIVE THE DAMES
    6. THE DAMES IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM THE CONSUMPTIN OF FOOD AT A LIVE THE DAMES
  6. Any dispute involving this Agreement or the Services will be governed by the laws of the State of Colorado without regard to Colorado’s conflicts of laws provisions. You and The Dames agree to submit to the exclusive jurisdiction of either the Courts of the State of Colorado located in Denver, Colorado, or United States Federal District Courts within Denver, Colorado and agree to accept service of process by registered or certified mail, return receipt requested, in accordance with Colorado or Federal rules of civil procedure.
  7. Class Action Waiver.EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS SECTION, ANY ARBITRATION OR COURT ACTION HEREUNDER SHALL PROCEED SOLELY ON AN INDIVIDUAL BASIS WITHOUT THE RIGHT FOR ANY CLAIMS TO BE ARBITRATED OR LITIGATED ON A CLASS OR COLLECTIVE ACTION BASIS OR ON A BASIS INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF OTHERS OR ANY GOVERNMENTAL BODY OR THE PUBLIC. CLASS AND COLLECTIVE ACTIONS UNDER THIS DISPUTE RESOLUTION PROVISION ARE PROHIBITED, WHETHER IN COURT OR ARBITRATION, AND THE ARBITRATOR OR COURT, AS APPLICABLE, SHALL HAVE NO AUTHORITY TO PROCEED ON SUCH BASIS.  ANY ISSUE CONCERNING THE ENFORCEABILITY OR VALIDITY OF THIS SECTION AND THE WAIVER HEREIN SHALL BE DECIDED BY A COURT WITH JURISDICTION AND VENUE AS PROVIDED IN SECTION 20. IN CONNECTION HEREWITH, IF THERE IS A DETERMINATION BY SUCH COURT THAT THIS SECTION IS UNENFORCEABLE, THEN ANY CLASS, COLLECTIVE, REPRESENTATIVE OR JOINT ACTION BY THE PARTIES SHALL ONLY BE BROUGHT IN A COURT WITH JURISDICTION AND VENUE AS PROVIDED IN SECTION 20, AND NOT IN ARBITRATION.
  8. You agree to indemnify, defend, and hold The Dames, its subsidiaries, and affiliates, and their respective directors, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by another The Dames Member, Visitor, or any third party due to or arising out of your use of the Services in violation of this Agreement, or arising from a breach of this Agreement, or any breach of your representations and warranties set forth above, or if any Content that you post or communicate on the Website or through the Services causes The Dames to be liable to another.
  9. The Dames may modify this Agreement from time-to-time and such modification shall be effective upon posting by The Dames on the Website. You agree to be bound to any changes to this Agreement when you use the Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
  10. Entire Agreement. This Agreement constitutes the entire agreement between you and The Dames regarding the use of the Services.
  11. The failure of The Dames to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision.
  12. Section Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
  13. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

Please contact us at funhub@thedames.co with any questions regarding this Agreement.

I HEREBY WARRANT THAT I AM EITHER OF LEGAL AGE OR A MINOR WHO HAS THE CONSENT OF MY PARENT OR LEGAL GUARDIAN, UNDER NO LEGAL DISABILITY AND HAVE THE FULL RIGHT AND AUTHORITY TO EXECUTE THIS AGREEMENT; THAT I HAVE READ AND UNDERSTAND THE ABOVE TERMS; THAT I AM EXECUTING THIS AGREEMENT AS MY OWN FREE ACT AND DEED; AND THAT THIS AGREEMENT SHALL BE BINDING UPON ME, MY HEIRS, LEGAL REPRESENTATIVES AND ASSIGNS.

THIS AGREEMENT IS ACCEPTED BY YOU UPON YOUR USE OF THE WEBSITE OR ANY OF THE SERVICES AND IS FURTHER AFFIRMED WHEN YOU BECOME A MEMBER.