II. Use of Site/Intellectual Property While OUTHOUSE PR, LLC grants each User a limited, non-exclusive, non-transferable, revocable license to use the Site and its Services (defined below), OUTHOUSE PR, LLC owns or licenses the rights, title, and interest to all materials on this Site (with any exceptions detailed below) including, without limitation, copyrights, trademarks, trade secrets, patents, and associated droit moral (the “Materials”). You may view and download the Materials only for your personal use in connection with your campaign, provided that you retain all copyright and other proprietary notices contained in the Materials or on any copies of the Materials. You may not change the Materials in any way, or reproduce, publicly display, distribute, or otherwise use them for any public purpose. OUTHOUSE PR, LLC reserves the right: to terminate any account at any time, modify the Site and Services without notice or liability, cancel any pledge at any time for any reason without explanation, to cancel or suspend any campaign at any time for any reason without explanation, and to remove Content at any time for any reason without explanation. OUTHOUSE PR, LLC is not liable for any damages connected with these actions. Notwithstanding anything to the contrary herein, OUTHOUSE PR, LLC’s trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Site, including, but not limited to “OUTHOUSE PR,” “WOMEN YOU SHOULD KNOW,” “WYSK,” “WOMEN YOU SHOULD FUND” and “WYSF” are trademarks of OUTHOUSE PR, LLC in the U.S.. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of OUTHOUSE PR, LLC or such third party that may own other trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site is strictly prohibited. You are also advised that OUTHOUSE PR, LLC will aggressively enforce its intellectual property rights to the fullest extent of the law.
III. Links to Other Websites Links to other websites are provided solely as a convenience to you. OUTHOUSE PR, LLC does not endorse such sites and is not responsible for their content, nor any loss or damage of any sort relating to any dealings with these third-party sites or services. If you decide to access any of the sites linked to this Site, you do so entirely at your own risk.
IV. Site Information and Disclaimer Site information regarding OUTHOUSE PR, LLC products and services, including their availability, appearance, price and specifications are subject to change without notice. Such information shall not constitute a representation, warranty or other commitment by OUTHOUSE PR, LLC with respect to any product or service. OUTHOUSE PR, LLC hereby disclaims all warranties, express or implied, as to the accuracy and suitability for any purpose or completeness thereof. In no event shall OUTHOUSE PR, LLC, its affiliates, suppliers, and/or its licensors be liable for any special, indirect or consequential damages, or any damages whatsoever, resulting from loss of use, data or profits, whether for breach of contract, negligence or other tortious action or any other cause of action whatsoever, arising out of or in connection with the use of information available on this Site. OUTHOUSE PR, LLC does not oversee the details of projects or campaigns on the Site and does not endorse any user-generated content.
V. Creating an Account To sign up for an account, you must be at least eighteen (18) years of age. OUTHOUSE PR, LLC reserves the right to request proof of age. If you are between the ages of thirteen (13) and seventeen (17), use the Site only with the consent and supervision of a parent or legal guardian. To sign up for an account, you must be a business entity or person located in the United States. You must provide us with your name or business name, address, email, phone number, URL, the nature of your business or activities, and more. When you set up an account, your information must be accurate and complete. You are at all times responsible for your account and all of the activity on it. You are responsible for keeping your password confidential. If you discover that your account has been compromised in any way, you should immediately report it to info@womenyoushouldknow. net. Creators (defined below) may terminate their respective accounts at any time by opening the “Profile” tab in the account settings and selecting “Close My Account.” At that time, that Creator must cease using the Site. OUTHOUSE PR, LLC may terminate use of the Site by any User at any time for any reason without explanation at its sole discretion.
VI. Prohibited Activity You agree not to use this Site to break the law, defraud or deceive, offer rewards that are illegal (including a security as defined in the Securities Act of 1933, financial incentives, alcohol, controlled substances, drug paraphernalia, weaponry, lottery or other gambling opportunities, or air transportation), threaten, harass, defame, invade another person’s privacy, distribute unsolicited promotional material or viruses, or share information about other Users. You may not use the Site to benefit a country, organization, entity, or person embargoed or blocked by any government, including those listed for sanctions with the United States Office of Foreign Asset Control.
VII. Creating a Campaign The Site provides a funding platform for creative and business projects, a venue where campaign creators and potential funders can learn about each other (the “Services”). OUTHOUSE PR, LLC only provides the platform and is not in privity with the campaign creator (the “Creator”) nor the funding person or entity (the “Backer”). OUTHOUSE PR, LLC is not a part of the contract between Creators and Backers. The contract between Creators and Backers is, essentially: Backers fund the project (via the campaign); once the financial goal is reached, Creators are obligated to complete the project and distribute any promised incentives or rewards to Backers. If a Creator is unable to complete the project, then it must make reasonable efforts to accomplish the project for Backers. The Creator must post to the campaign page an explanation of the finished work, how the funds were used, and obstacles to completion. The Creator is solely responsible for honoring promises made to Backers and is otherwise vulnerable to legal action from Backers. OUTHOUSE PR, LLC charges its fees before funds are put into the Creator’s account by any payment processor (e.g., Stripe). OUTHOUSE PR, LLC does not guaranty that the amount of funding received will be exactly equal to the full amount of funds pledged less fees (e.g., if a Backer’s credit card expires between the date of the pledge and the funding deadline). Creators understand that there may be a delay between the funding deadline and the access to those funds. OUTHOUSE PR, LLC will not refund fees once collected. Backers’ only recourse for refunding money is with Creators. While OUTHOUSE PR, LLC is a limited liability company, some Creators may be notfor- profit corporations and have tax-exempt status. Creators and Backers acknowledge that funds received by OUTHOUSE PR, LLC are not tax deductible. Creators and Backers must conduct their own due diligence regarding deductions, exemptions, and other tax implications of funding any specific person or business entity on this Site.
VIII. Funding a Project By funding a project, you agree to the following: A. Backers pledge funds at their sole and exclusive discretion and are responsible for researching Creators and projects to their own satisfaction prior to funding. B. Backers are charged only when the campaign reaches its fundraising goal by the campaign’s funding deadline. C. OUTHOUSE PR, LLC does not offer refunds and Backers’ recourse for any project- or campaign-related dispute is solely with the Creator. D. OUTHOUSE PR, LLC makes no representation about the safety, legality, quality, or morality of any project, perk, or reward offered by the Creator. E. OUTHOUSE PR, LLC makes no representation that Creator will use funds as described; Backers back projects at their own risk. F. OUTHOUSE PR, LLC makes no representation about deductions, exemptions, or other tax implications from funding any specific person or business entity on this Site.
IX. Fees and Taxes You may create an account on the Site for free. If your project is successfully funded (via your campaign), OUTHOUSE PR, LLC collects five percent (5%) of the pledged funds. OUTHOUSE PR, LLC only transacts in U.S. Dollars. Creators will be notified prior to the collection of any fees and whether the fees change. Any payment processor (e.g., Stripe) will charge separate fees (typically 3-5%) and are separate entities from OUTHOUSE PR, LLC. Backers and Creators agree to the processor’s terms of service, as well as any of their additional fees. Creators are responsible for all fees and taxes associated with their use of the Site. Likewise, Creators are responsible for communicating any pertinent tax concerns to their Backers. Creators grant OUTHOUSE PR, LLC a lien and security interest in all funds pledged to a project (via the campaign), and give a superior right over any other creditor to seize or withhold these funds for the purpose of paying any fees owed to or taxes incurred against OUTHOUSE PR, LLC. You are solely responsible for determining what (if any) taxes or fees apply to your transactions as a Creator or Backer. You are solely responsible for assessing, collecting, reporting or remitting taxes and fees to the appropriate tax authority. OUTHOUSE PR, LLC is not obligated to, nor will it determine the applicability of any taxes or fees, nor calculate, collect, report or remit any taxes or fees to any tax authority arising from a Creator’s or Backer’s transaction.
X. User Generated Content Creators retain ownership over all photos, videos, text, graphics, logos, artwork, or other audiovisual materials submitted to the Site (the “Content”). All Users of the Site warrant and represent that their Content contains no third-party copyrighted material or material that is subject to other third-party proprietary rights, unless with permission from the rightful owner of all Content, or are otherwise legally entitled to post the material. Any Content requiring permission is solely the responsibility of the User. OUTHOUSE PR, LLC is not responsible for any errors or omissions in any Content. Notwithstanding anything to the contrary herein, Users (including Creators) grant to OUTHOUSE PR, LLC and its affiliates a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your Content. Any feedback from Users or Creators will be considered non-confidential and non-proprietary. OUTHOUSE PR, LLC has unrestricted use and disclosure of the submissions for any purpose whatsoever, without compensation to the User that submitted Content.
XI. Copyright Infringement Notice and Takedown Process The Digital Millennium Copyright Act (the “DMCA”) lays out a system of legal requirements for dealing with allegations of copyright infringement. We reserve the right, at our sole and exclusive discretion, to delete or disable content alleged to be infringing, and to terminate accounts for infringers. Please send claims of copyright infringement to OUTHOUSE PR, LLC’s designated agent: David H. Faux, Law Office of David H. Faux, P.C., 1180 Avenue of the Americas, 8th Floor, New York, NY 10036; davefaux@dhflaw. net. Pursuant to the DMCA, claimants must send us: – Signature of copyright holder (or holder’s authorized representative); – Identification of the infringed work; – Identification of infringing material (i.e., URL where infringing material may be found); – Contact information (e.g., name, address, email); – A statement of “good faith belief” that use of the material is unauthorized; and – A statement that “the information in this notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
XII. Liability A. Waiver/Release If you are in a jurisdiction that requires a specific statement regarding waiver and release, then the following applies to you. In suing the Site or filing against OUTHOUSE PR, LLC, you waive the applicability of California Civil Code Section 1542 and any similar provision of law, regulation, or code of tantamount effect. B. Limitation on Liability In no event shall OUTHOUSE PR, LLC, its affiliates, or its suppliers and licensors, be liable to you for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not OUTHOUSE PR, LLC has been advised of the possibility of such damages, and on any theory of liability, arising out of or in connection with the use of this Site or of any website referenced or linked to from this Site. Under no circumstances shall OUTHOUSE PR, LLC’s liability for direct damages be in excess of one hundred U.S. dollars ($100) in the aggregate. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Where OUTHOUSE PR, LLC may not completely limit its liability by state law, then, pursuant thereof, it does not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation or intentional misconduct; or (c) any liability which it is not lawful to exclude either now or in the future. By using this Site, Users agree to indemnify, defend, and hold harmless OUTHOUSE PR, LLC and its affiliates for all liabilities, claims, damages, and expenses, including reasonable attorney fees and other legal costs that arise from a User’s actions. We reserve the right, but not the obligation, to assume the exclusive defense and control of any matter subject to this indemnification clause. User agrees that it will cooperate and help OUTHOUSE PR, LLC in asserting any defenses or determining any settlements.
XIV. No Agency Nothing in this Agreement shall be construed as creating any agency, partnership or other form of joint enterprise between OUTHOUSE PR, LLC on the one hand and Users/Creators/ Backers on the other hand.
XVI. Entire Agreement This Agreement constitutes the entire agreement and supersedes all prior communications, understandings and agreements relating to the subject matter hereto, whether oral or written.