Welcome to Spiritualfeminist.com (“Website”) operated by Spiritual Feminist LLC, a Virginia limited liability company (referred to as “we”,”us”, “owner” or “operator”). We grant you (“User” “you”) access and use of the Website in accordance with these Terms of Service (“Terms”). Use of the access and any use of the services we offer (“Services”) on the Website are subject to these Terms at all times. If you do not agree to these Terms, you may not use the Website or Services.
1. HOW IT WORKS.
a. The Website is an online marketplace for the exchange of goods and services between you and other Users. Users are able to offer and trade goods or services (“Services”). Users can be paid either by trading other goods or services or in Spiritual Feminist (SF) Credits (“SF Credits”). SF Credits can be used as currency to purchase Services from other Users. Upon registration with Spiritual Feminist, you will be given 50 SF Credits to spend or trade. When you offer or provide a Service, you can earn more SF Credits as payment for such Services. You are also able to merely give or provide a Service without receiving any payment in return in your sole discretion.
The exchange of goods and services, whether using Credits or not, is referred to as a “Transaction”. All Transactions are between Users and Spiritual Feminist is not a party to any Transaction, nor do we calculate, monitor or otherwise manage the exchange of SF Credits.
Spiritual Feminist does not vet, research or approve any User, nor do we verify or enforce any Transactions. Transactions are conducted between Users and are monitored only by the Users who are parties to the Transaction.
You must be at least 18 years of age or older to use the Website. If you are not 18, you may not use the Website.
b. SF Credits
When you set up your User Account, you will automatically receive 50 SF Credits. SF Credits are virtual tokens, the use of which will allow you to use and access certain features of the Website. When you receive or obtain SF Credits, you are granted a limited, non-exclusive license to use the SF Credits as virtual tokens held, bartered, traded and/or transferred in a Transaction. SF Credits are transferable from the holder to any other User, provided that both users comply with these and maintain their individual User Accounts in good standing. You may not sublicense, encumber or convey SF Credits.
We may revoke your license to use SF Credits in the event, we suspend or terminate Spiritual Feminist, if we determine in our sole discretion that the holder of such SF Credits has committed fraud or other illegal conduct, if we impose an expiration date on SF credit or if the holder’s User Account is inactive or terminated.
SF Credits are not currency, have no cash value, and are not redeemable for any sum of money or other value. We may manage, regulate, control, and/or modify any terms related to SF Credits. We make no guarantee as to the nature, quality or value of any features on the Website regarding SF Credits.
When you agree to a Transaction, your bid amount in SF Credits will be subtracted from your User Account balance. Any SF Credits used or accepted by you will be accounted for on your specific User Account. Users are solely responsible for monitoring, calculating the accuracy of, and enforcing the use of their SF Credits. We are not responsible for calculating or monitoring SF Credits.
c. Taxes. Users shall pay any and all applicable taxes relating to any payments or SF Credits received or used and will indemnify and hold us harmless from any and all taxes, including sales tax, based on any Transactions or SF Credits, made or received by you in your use of the Website. Any taxes will be your sole responsibility.
2. USE OF THE WEBSITE.
a. By accessing or using the Website, you agree to be bound by these Terms on behalf of yourself as an individual, and as a duly authorized representative of any entity you represent. You hereby represent and warrant that a) you have the right, authority, and capacity to be bound by and comply with these Terms; b) that you are at least eighteen (18) years of age; and c) that you shall comply at all times with these Terms.
c. We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.
3. USER ACCOUNT AND USER PAGE.
b. User Page. A User Page is a page you can set up once you have established a User Account. Each User provides information about you on the User Page that you want other Users to see. Such information can include your particular skills, images, links to your website, or pictures and other relevant User Content (defined below) that you want other Users to know about you in order to conduct Transactions. There is no required information and any information you post, you do so at your own risk.
4. CONTENT AND INTELLECTUAL PROPERTY
a. Content: Spiritual Feminist Copyright, trademark and other proprietary rights and laws protect the Website and all content thereon (“SF Content”), including all intellectual property rights to such content. No SF Content, including but not limited to, graphics, written content, images, statements, photographs, logos or text, may be copied, photocopied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission from us. Except as expressly provided, nothing contained in these Terms shall be construed to confer on you or any third party any license or right, by implication or under any law, rule or regulation, including, without limitation, those related to copyright, trademark or other intellectual property rights.
b. Content: User Certain features of the Website, including the Services, allow you to post content about your skills, services or products, Services you are looking to purchase or exchange, information regarding your business or location, pictures, ideas, written or graphic content, suggestions, images, or other information or materials of any kind or nature communicated, uploaded, or provided by you (or on your behalf) to us or to other Users in any form, media, or technology now known or later developed (“User Content”). User Content should not be considered confidential and may be viewable or accessible to other Users or visitors to the Website.
Further, any trademarks, service marks, logos, trade names, and copyrighted works in User Content (“User Intellectual Property") are the property of the User, its licensor, or the party that provided the User Intellectual Property to the User. User and or third party that provides User Intellectual Property to User retain all rights with respect to such User Intellectual Property. Users are solely responsible for abiding by any limitations with respect to such User Content, such as licensing or other use limitations. User is solely responsible for the accuracy and truthfulness of such User Content.
You represent and warrant that any User Content you post on the Website will not and does not infringe the rights of any third party, including, without limitation, intellectual property and privacy rights, and that you shall defend, indemnify and hold us harmless from and against any action, claim, judgment, losses, damages, costs, including reasonable attorney’s fees, and other losses which may be imposed by your breach of these Terms and your User Content.
Users may not reproduce, distribute, modify, create derivative works of, publicly display, print, publicly perform, republish, download, store or transmit any User Intellectual Property or User Content of another User without that User’s express permission.
d. Copyright Infringement. If you believe that any User Content violate your copyright, please see our Copyright Policy ____________ for instructions on sending us a notice of copyright infringement. It is our policy to terminate the accounts of infringers and remove access immediately.
5. RULES GOVERNING USER CONTENT AND USE OF WEBSITE .
a. User Content may not: i. Violate any local community standards or laws in the country or jurisdiction where the user who is posting content is located;
ii. Contain overly suggestive, pornographic or offensive content as determined by the local community standards or laws in the country or jurisdiction where the user who is posting content is located;
iii. Contain excessive violence;
iv. Bully, intimidate, or harass any person, group, or entity;
v. Promote or condone violence or discrimination against individuals or groups based on race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
vi. Be for the primary purpose of inciting hatred on the basis of race or ethnic origin, religion, disability, gender, age, nationality, veteran status, or sexual orientation/gender identity;
viii. Constitute or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.
b. Prohibited Uses. You are solely responsible for all your activity in connection with the Website and the Services. As a condition of your use of the Website, you warrant that you will not use the Website and/or the Services for any purpose that is unlawful, misleading, malicious, discriminatory, or prohibited herein, including, without limitation, you may not:
Scrape, spider, crawl or use any other automated device or manual process to harvest data from the Website;
Decompile, reverse engineer, disassemble, loan, sell or create derivative works of the Website;
Access content or data not intended for you or log onto a server or account that you are not authorized to access;
Probe, scan or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures;
Interfere with service to any user, host or network, including, without limitation, by means of submitting a virus to the Website, overloading, flooding, spamming, mail bombing or crashing;
Use information obtained from the Website to solicit other Users for purposes not explicitly set forth herein;
Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
Promote your referral links or the Website using SPAM or deceptive tactics.
Solicit offline transactions or exchange any skills or services for cash.
Distribute or post SPAM, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes.
Collect information about Users, including email addresses, names, listings, etc. without their consent.
Use the Website, the Services or both to transmit any false, misleading, fraudulent or illegal communications, including, without limitation, unlawful multi-level marketing or pyramid schemes;
Post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account or private information from any other user;
Use the Website, the Services or both to send unsolicited promotions and/or advertisements; and
Use the Website, the Services or both to in connection with spyware, Trojan horse, worm, keystroke logger, rootkit, phishing, malware or other malicious computer software.
6. LICENSE. User Content is considered non-confidential and non-proprietary. By posting, uploading, linking or otherwise providing User Content, you grant us and our affiliates, service-providers, licensees, successors and assigns, the right to use, reproduce, modify, perform, display, electronically transmit, publish, distribute, and otherwise disclose to third parties any such material for any purpose in any medium now known or hereafter created. This includes without limitation, using User Content for marketing, advertising and promotional purposes for Spiritual Feminist.
7. DISCLAIMER. The information presented on the Website is made available solely for informational purposes. We do not warrant the accuracy, completeness, or usefulness of the available information or any and all User Content, nor do we warrant or guaranty that any Transaction will result in any outcome whatsoever.
THE WEBSITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE MAKE NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS OR VALIDITY OF THE WEBSITE, ANY TRANSACTION, ANY SERVICE, OR ANY CONTENT WHATSOEVER, AND DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITE AND VIA THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR THE SERVICES ARE FREE OF VIRUSES. WHERE APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING EXCLUSIONS MAY NOT APPLY TO YOU.
8. LIMITATION OF LIABILITY. WE WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES) RESULTING FROM YOUR USE OF, OR INABILITY TO USE, THE WEBSITE AND/OR THE SERVICES (INCLUDING ANY TRANSACTIONS OR USE OF SF CREDITS) EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED, OUR SOLE LIABILITY TO YOU FOR DAMAGES SHALL BE LIMITED TO $10.00.
9. INDEMNIFICATION. You shall indemnify and hold us harmless (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that arising directly or indirectly out of, or relating directly or indirectly to, any Transactions or interactions between Users, act or omission of any User, and your use of this Website including any claim for personal injury, property damage, or death.
10. GEOGRAPHICAL LIMITATIONS . The owner of the Website is based in the Commonwealth of Virginia, in the United States and make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Further, we take no responsibility and assume no liability for any User Content or any content provided by any third party. It is the responsibility and liability of each User to ensure User Content complies with all laws and regulations community standards, privacy of any individual or group, or infringe on any other regulatory or legal concern.
13. DORMANT ACCOUNTS. A User Account may be deemed "dormant" when you have not posted or used any Services or participated in a Transaction in any twelve (12) month period. placed within any 1-year period. Dormant accounts may be closed and any accumulated SF Credits forfeited, in our sole discretion, without compensation to the User.
14. UPDATES. We will have no obligation to provide you with any support or maintenance in connection with the Website, Services or Transactions. We may but are not obligated to provide corrections, updates, upgrades, bug fixes, and/or enhancements to the Website. We may amend these Terms from time to time without notice to you. By continuing to use the Website you agree to all such updates and to be bound by such version of these Terms.
15. INDEMNITY. You agree to indemnify and hold Spiritual Feminist, (and its officers, employees, directors and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Website, the Services or your use of and participation in any Transaction, (b) your User Content, (c) your violation of these Terms or any representation and warranty made herein; or (d) your violation of any applicable laws or regulations. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of us and will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
16. TERM AND TERMINATION. Subject to this Section, these Terms will remain in full force and effect while you use the Website or Services. You may terminate your Account at any time, for any reason, by contacting Darlene@SpiritualFeminist. We may suspend your rights hereunder in our sole discretion, upon which your User Account and access shall terminate. We have no liability whatsoever to you for any termination of your rights hereunder or these Terms, including for termination of your Account, deletion of your User Content, or loss of your SF Credits. All provisions of these Terms which by their nature should survive, will survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
b. Costs. We take no responsibility for any charges or expenses you may incur from your mobile service provider (such as text messaging and data charges) for accessing the Website and the Services through a mobile device.
c. Remedies. We reserve the right to seek any and all remedies available at law and in equity for violation of these Terms, including, without limitation, the right to terminate your access to the Website and the Services, termination of your User Account, and blocking access to the Website and the Services.
e. Choice of Law. Terms are governed by and construed in accordance with the laws of the Commonwealth of Virginia and the laws of the United States, without giving effect to any principles of conflicts of law. You consent to the sole and exclusive jurisdiction and venue of the United States district courts sitting in the Commonwealth of Virginia and any courts of the Commonwealth of Virginia in which any suit, action or proceeding is brought arising under these Terms and/or your use of the Website, the Services or both.
f. Waiver. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Each party acknowledges and agrees that it has fully read and understands these Terms and has had the opportunity to seek legal counsel of its choice.
g. Entire Agreement. These Terms contain the entire agreement between the parties regarding the subject matter hereof. These Terms supersede all prior written and oral understandings, writings, and representations and may only be amended upon notice by us. These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, personal representatives, successors and assigns. You may not transfer or assign these Terms.